80_FR_66271 80 FR 66063 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Limit Up-Limit Down Obvious Error Pilot

80 FR 66063 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Limit Up-Limit Down Obvious Error Pilot

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 208 (October 28, 2015)

Page Range66063-66065
FR Document2015-27352

Federal Register, Volume 80 Issue 208 (Wednesday, October 28, 2015)
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66063-66065]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27352]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76232; File No. SR-ISE-2015-34]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Extend the Limit Up-Limit Down Obvious Error Pilot

October 22, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 20, 2015, the International Securities Exchange, LLC 
(the ``Exchange'' or the ``ISE'') filed with the Securities and 
Exchange Commission the proposed rule change, as described in Items I 
and II below, which items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The ISE proposes to extend a pilot program under .01 of 
Supplementary Material to Rule 720 regarding obvious errors during 
Limit and Straddle States in securities that underlie options traded on 
the Exchange and proposes to further harmonize a related provision in 
its rulebook. The text of the proposed rule change is available on the 
Exchange's Web site (http://www.ise.com), at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
has prepared summaries, set forth in sections A, B and C below, of the 
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On April 5, 2013,\3\ the Commission approved a proposed rule change 
designed to address certain issues related to the Plan to Address 
Extraordinary Market Volatility Pursuant to Rule 608 of Regulation NMS 
under the Act (the ``Limit Up-Limit Down Plan'' or the ``Plan'').\4\ 
The rules adopted in that filing established a one year pilot program 
to exclude transactions executed during a Limit State \5\ or Straddle 
State \6\ from the obvious error provisions of Rule 720. On February 
19, 2015, the Exchange filed to extend this pilot program to its 
current end date of October 23, 2015.\7\ The purpose of this filing is 
to extend the effectiveness of the pilot program to coincide with the 
proposed extension of the Limit Up-Limit Down Plan, including any 
extensions to the pilot period for the Plan.\8\ The Exchange notes that 
nothing in .01 of Supplementary Material to Rule 720 prevents such 
execution from being reviewed on an Official's \9\ own motion pursuant 
to sub-paragraph (c)(3) of this Rule, or a bust or adjust pursuant to 
paragraphs (e) through (j) of this Rule.
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    \3\ See Securities Exchange Act Release No. 69329 (April 5, 
2013), 78 FR 21657 (April 11, 2014) (SR-ISE-2013-22) (Approval 
Order); 69110 (March 11, 2013) 78 FR 16726 (March 18, 2013) (SR-ISE-
2013-22) (Notice of Filing).
    \4\ See Securities Exchange Act Release No. 67091 (May 31, 
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down 
Release'').
    \5\ The term ``Limit State'' means the condition when the 
national best bid or national best offer for an underlying security 
equals an applicable price band, as determined by the primary 
listing exchange for the underlying security. See Rule 703A.
    \6\ The term ``Straddle State'' means the condition when the 
national best bid or national best offer for an underlying security 
is non-executable, as determined by the primary listing exchange for 
the underlying security, but the security is not in a Limit State. 
See Rule 703A.
    \7\ Securities Exchange Act Release No. 74335 (February 20, 
2015), 80 FR 10549 (February 26, 2015) (SR-ISE-2015-07).
    \8\ Currently, the pilot period for the Plan is proposed to be 
extended to April 22, 2016. See Exchange Act Release No. 75917 
(September 14, 2015), 80 FR 56515 (September 18, 2015) (Ninth 
Amendment to the Limit-Up Limit-Down Plan).
    \9\ For purposes of Rule 720, an Official is an Officer of the 
Exchange or such other employee designee of the Exchange that is 
trained in the application of this Rule.
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    The Exchange believes the benefits to market participants from this 
provision should continue on a pilot basis. The Exchange continues to 
believe that adding certainty to the execution of orders in Limit or 
Straddle States will encourage market participants to continue to 
provide liquidity to the Exchange, and, thus, promote a fair and 
orderly market during these periods. Barring this provision, the 
obvious error provisions of Rule 720 would likely apply in many 
instances during Limit and Straddle States. The Exchange believes that 
continuing the pilot will protect against any unanticipated 
consequences in the options markets during a Limit or Straddle State. 
Thus, the Exchange believes that the protections of current rule should 
continue while the industry gains further experience operating the 
Plan.
    In connection with this proposed extension, each month the Exchange 
shall provide to the Commission, and the public, a dataset containing 
the data for each Straddle and Limit State in optionable stocks that 
had at least one trade on the Exchange. For each trade

[[Page 66064]]

on the Exchange, the Exchange will provide (a) the stock symbol, option 
symbol, time at the start of the Straddle or Limit State, an indicator 
for whether it is a Straddle or Limit State, and (b) for the trades on 
the Exchange, the executed volume, time-weighted quoted bid-ask spread, 
time-weighted average quoted depth at the bid, time-weighted average 
quoted depth at the offer, high execution price, low execution price, 
number of trades for which a request for review for error was received 
during Straddle and Limit States, an indicator variable for whether 
those options outlined above have a price change exceeding 30% during 
the underlying stock's Limit or Straddle State compared to the last 
available option price as reported by OPRA before the start of the 
Limit or Straddle State (1 if observe 30% and 0 otherwise), and another 
indicator variable for whether the option price within five minutes of 
the underlying stock leaving the Limit or Straddle State (or halt if 
applicable) is 30% away from the price before the start of the Limit or 
Straddle State.
    In addition, the Exchange will provide to the Commission, and the 
public, no later than five months prior to the pilot expiration, 
including any extension, assessments relating to the impact of the 
operation of the obvious error rules during Limit and Straddle States 
including: (1) An evaluation of the statistical and economic impact of 
Limit and Straddle States on liquidity and market quality in the 
options markets, and (2) an assessment of whether the lack of obvious 
error rules in effect during the Straddle and Limit States are 
problematic. This means that, if the Plan extension is approved, the 
next data assessment will be due no later than December 18, 2015.
    Finally, the Exchange proposes to delete section (d) of Rule 703A 
to harmonize its rulebook. Earlier this year, the options exchanges 
harmonized their rules relating to the adjustment and nullification of 
erroneous options transactions as well as a specific provision related 
to coordination in connection with large-scale events involving 
erroneous options transactions.\10\ The Exchange inadvertently did not 
remove section (d) to Rule 703A from its rulebook in this filing. This 
section (d) duplicates .01 of Supplementary Material to Rule 720, and 
as such, the Exchange proposes to delete it.

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    \10\ Securities Exchange Act Release No. 74896 (May 7, 2015), 80 
FR 27373 (May 13, 2015) (SR-ISE-2015-18).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of Section 6(b) of the Act.\11\ In particular, 
the proposal is consistent with Section 6(b)(5) of the Act,\12\ because 
it is designed to promote just and equitable principles of trade, 
remove impediments to and perfect the mechanisms of a free and open 
market and a national market system and, in general, to protect 
investors and the public interest. Additionally, the Exchange believes 
the proposed rule change is consistent with the Section 6(b)(5) \13\ 
requirement that the rules of an exchange not be designed to permit 
unfair discrimination between customers, issuers, brokers, or dealers.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ Id.
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    In particular, the Exchange further believes that it is necessary 
and appropriate in the interest of promoting fair and orderly markets 
to exclude transactions executed during a Limit or Straddle State from 
certain aspects of Rule 720. The Exchange believes the application of 
the current rule will be impracticable given the lack of a reliable 
national best bid or offer in the options market during Limit and 
Straddle States, and that the resulting actions (i.e., nullified trades 
or adjusted prices) may not be appropriate given market conditions. 
Extending this pilot to coincide with the Limit Up-Limit Down Plan 
would ensure that limit orders that are filled during a Limit or 
Straddle State would have certainty of execution in a manner that 
promotes just and equitable principles of trade, removes impediments 
to, and perfects the mechanism of a free and open market and a national 
market system. Thus, the Exchange believes that the protections of the 
pilot should continue while the industry gains further experience 
operating the Plan. Finally, the Exchange proposes to delete section 
(d) of Rule 703A to harmonize its rulebook to prevent investor 
confusion.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. Specifically, the Exchange 
believes that, by extending the expiration of the pilot, the proposed 
rule change will allow for further analysis of the pilot and a 
determination of how the pilot shall be structured in the future. In 
doing so, the proposed rule change will also serve to promote 
regulatory clarity and consistency, thereby reducing burdens on the 
marketplace and facilitating investor protection.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from members or other interested 
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6)(iii) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Commission believes that waiving the 30-day operative delay 
is consistent with the protection of investors and the public interest, 
as it will allow the obvious error pilot program to continue 
uninterrupted while the industry gains further experience operating 
under the Plan, and avoid any investor confusion that could result from 
a temporary interruption in the pilot program. For this reason, the 
Commission designates the proposed rule change to be operative upon 
filing.\16\
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    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).

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[[Page 66065]]

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2015-34 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2015-34. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-ISE-2015-34, and should be 
submitted on or before November 18, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-27352 Filed 10-27-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                                     66063

                                                  All submissions should refer to File                    20, 2015, the International Securities                transactions executed during a Limit
                                                  Number SR–Phlx–2015–86. This file                       Exchange, LLC (the ‘‘Exchange’’ or the                State 5 or Straddle State 6 from the
                                                  number should be included on the                        ‘‘ISE’’) filed with the Securities and                obvious error provisions of Rule 720. On
                                                  subject line if email is used. To help the              Exchange Commission the proposed                      February 19, 2015, the Exchange filed to
                                                  Commission process and review your                      rule change, as described in Items I and              extend this pilot program to its current
                                                  comments more efficiently, please use                   II below, which items have been                       end date of October 23, 2015.7 The
                                                  only one method. The Commission will                    prepared by the self-regulatory                       purpose of this filing is to extend the
                                                  post all comments on the Commission’s                   organization. The Commission is                       effectiveness of the pilot program to
                                                  Internet Web site (http://www.sec.gov/                  publishing this notice to solicit                     coincide with the proposed extension of
                                                  rules/sro.shtml). Copies of the                         comments on the proposed rule change                  the Limit Up-Limit Down Plan,
                                                  submission, all subsequent                              from interested persons.                              including any extensions to the pilot
                                                  amendments, all written statements                                                                            period for the Plan.8 The Exchange
                                                                                                          I. Self-Regulatory Organization’s
                                                  with respect to the proposed rule                                                                             notes that nothing in .01 of
                                                                                                          Statement of the Terms of the Substance
                                                  change that are filed with the                                                                                Supplementary Material to Rule 720
                                                                                                          of the Proposed Rule Change
                                                  Commission, and all written                                                                                   prevents such execution from being
                                                  communications relating to the                             The ISE proposes to extend a pilot                 reviewed on an Official’s 9 own motion
                                                  proposed rule change between the                        program under .01 of Supplementary                    pursuant to sub-paragraph (c)(3) of this
                                                  Commission and any person, other than                   Material to Rule 720 regarding obvious                Rule, or a bust or adjust pursuant to
                                                  those that may be withheld from the                     errors during Limit and Straddle States               paragraphs (e) through (j) of this Rule.
                                                  public in accordance with the                           in securities that underlie options                      The Exchange believes the benefits to
                                                  provisions of 5 U.S.C. 552, will be                     traded on the Exchange and proposes to                market participants from this provision
                                                  available for Web site viewing and                      further harmonize a related provision in              should continue on a pilot basis. The
                                                  printing in the Commission’s Public                     its rulebook. The text of the proposed                Exchange continues to believe that
                                                  Reference Room, 100 F Street NE.,                       rule change is available on the                       adding certainty to the execution of
                                                  Washington, DC 20549 on official                        Exchange’s Web site (http://                          orders in Limit or Straddle States will
                                                  business days between the hours of                      www.ise.com), at the principal office of              encourage market participants to
                                                  10:00 a.m. and 3:00 p.m. Copies of such                 the Exchange, and at the Commission’s                 continue to provide liquidity to the
                                                  filing also will be available for                       Public Reference Room.                                Exchange, and, thus, promote a fair and
                                                  inspection and copying at the principal                 II. Self-Regulatory Organization’s                    orderly market during these periods.
                                                  office of the Exchange. All comments                    Statement of the Purpose of, and                      Barring this provision, the obvious error
                                                  received will be posted without change;                 Statutory Basis for, the Proposed Rule                provisions of Rule 720 would likely
                                                  the Commission does not edit personal                   Change                                                apply in many instances during Limit
                                                  identifying information from                                                                                  and Straddle States. The Exchange
                                                  submissions. You should submit only                        In its filing with the Commission, the             believes that continuing the pilot will
                                                  information that you wish to make                       self-regulatory organization included                 protect against any unanticipated
                                                  available publicly. All submissions                     statements concerning the purpose of,                 consequences in the options markets
                                                  should refer to File Number SR–Phlx–                    and basis for, the proposed rule change               during a Limit or Straddle State. Thus,
                                                  2015–86, and should be submitted on or                  and discussed any comments it received                the Exchange believes that the
                                                  before November 18, 2015.                               on the proposed rule change. The text                 protections of current rule should
                                                                                                          of these statements may be examined at                continue while the industry gains
                                                    For the Commission, by the Division of                the places specified in Item IV below.
                                                  Trading and Markets, pursuant to delegated                                                                    further experience operating the Plan.
                                                  authority.18                                            The self-regulatory organization has                     In connection with this proposed
                                                                                                          prepared summaries, set forth in                      extension, each month the Exchange
                                                  Brent J. Fields,
                                                                                                          sections A, B and C below, of the most                shall provide to the Commission, and
                                                  Secretary.
                                                                                                          significant aspects of such statements.               the public, a dataset containing the data
                                                  [FR Doc. 2015–27345 Filed 10–27–15; 8:45 am]
                                                                                                          A. Self-Regulatory Organization’s                     for each Straddle and Limit State in
                                                  BILLING CODE 8011–01–P
                                                                                                          Statement of the Purpose of, and                      optionable stocks that had at least one
                                                                                                          Statutory Basis for, the Proposed Rule                trade on the Exchange. For each trade
                                                  SECURITIES AND EXCHANGE                                 Change
                                                                                                                                                                  5 The term ‘‘Limit State’’ means the condition
                                                  COMMISSION                                              1. Purpose                                            when the national best bid or national best offer for
                                                  [Release No. 34–76232; File No. SR–ISE–                                                                       an underlying security equals an applicable price
                                                                                                             On April 5, 2013,3 the Commission                  band, as determined by the primary listing
                                                  2015–34]
                                                                                                          approved a proposed rule change                       exchange for the underlying security. See Rule
                                                                                                          designed to address certain issues                    703A.
                                                  Self-Regulatory Organizations;                                                                                  6 The term ‘‘Straddle State’’ means the condition
                                                  International Securities Exchange,                      related to the Plan to Address
                                                                                                                                                                when the national best bid or national best offer for
                                                  LLC; Notice of Filing and Immediate                     Extraordinary Market Volatility                       an underlying security is non-executable, as
                                                  Effectiveness of Proposed Rule                          Pursuant to Rule 608 of Regulation NMS                determined by the primary listing exchange for the
                                                  Change To Extend the Limit Up-Limit                     under the Act (the ‘‘Limit Up-Limit                   underlying security, but the security is not in a
                                                                                                          Down Plan’’ or the ‘‘Plan’’).4 The rules              Limit State. See Rule 703A.
                                                  Down Obvious Error Pilot                                                                                        7 Securities Exchange Act Release No. 74335
                                                                                                          adopted in that filing established a one              (February 20, 2015), 80 FR 10549 (February 26,
                                                  October 22, 2015.                                       year pilot program to exclude                         2015) (SR–ISE–2015–07).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     Pursuant to Section 19(b)(1) of the                                                                          8 Currently, the pilot period for the Plan is

                                                  Securities Exchange Act of 1934 (the                       3 See Securities Exchange Act Release No. 69329    proposed to be extended to April 22, 2016. See
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  (April 5, 2013), 78 FR 21657 (April 11, 2014) (SR–    Exchange Act Release No. 75917 (September 14,
                                                                                                          ISE–2013–22) (Approval Order); 69110 (March 11,       2015), 80 FR 56515 (September 18, 2015) (Ninth
                                                  notice is hereby given that on October                  2013) 78 FR 16726 (March 18, 2013) (SR–ISE–2013–      Amendment to the Limit-Up Limit-Down Plan).
                                                                                                          22) (Notice of Filing).                                 9 For purposes of Rule 720, an Official is an
                                                    18 17 CFR 200.30–3(a)(12).                               4 See Securities Exchange Act Release No. 67091    Officer of the Exchange or such other employee
                                                    1 15 U.S.C. 78s(b)(1).                                (May 31, 2012), 77 FR 33498 (June 6, 2012) (the       designee of the Exchange that is trained in the
                                                    2 17 CFR 240.19b–4.                                   ‘‘Limit Up-Limit Down Release’’).                     application of this Rule.



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                                                  66064                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  on the Exchange, the Exchange will                                                                              the expiration of the pilot, the proposed
                                                  provide (a) the stock symbol, option                    2. Statutory Basis                                      rule change will allow for further
                                                  symbol, time at the start of the Straddle                                                                       analysis of the pilot and a determination
                                                  or Limit State, an indicator for whether                   The Exchange believes that its                       of how the pilot shall be structured in
                                                  it is a Straddle or Limit State, and (b)                proposal is consistent with the                         the future. In doing so, the proposed
                                                  for the trades on the Exchange, the                     requirements of the Act and the rules                   rule change will also serve to promote
                                                  executed volume, time-weighted quoted                   and regulations thereunder that are                     regulatory clarity and consistency,
                                                  bid-ask spread, time-weighted average                   applicable to a national securities                     thereby reducing burdens on the
                                                  quoted depth at the bid, time-weighted                  exchange, and, in particular, with the                  marketplace and facilitating investor
                                                                                                          requirements of Section 6(b) of the                     protection.
                                                  average quoted depth at the offer, high
                                                                                                          Act.11 In particular, the proposal is
                                                  execution price, low execution price,                                                                           C. Self-Regulatory Organization’s
                                                                                                          consistent with Section 6(b)(5) of the
                                                  number of trades for which a request for                                                                        Statement on Comments on the
                                                                                                          Act,12 because it is designed to promote
                                                  review for error was received during                                                                            Proposed Rule Change Received From
                                                                                                          just and equitable principles of trade,
                                                  Straddle and Limit States, an indicator                                                                         Members, Participants, or Others
                                                                                                          remove impediments to and perfect the
                                                  variable for whether those options                      mechanisms of a free and open market
                                                  outlined above have a price change                                                                                The Exchange has not solicited, and
                                                                                                          and a national market system and, in                    does not intend to solicit, comments on
                                                  exceeding 30% during the underlying                     general, to protect investors and the
                                                  stock’s Limit or Straddle State compared                                                                        this proposed rule change. The
                                                                                                          public interest. Additionally, the                      Exchange has not received any
                                                  to the last available option price as                   Exchange believes the proposed rule
                                                  reported by OPRA before the start of the                                                                        unsolicited written comments from
                                                                                                          change is consistent with the Section                   members or other interested parties.
                                                  Limit or Straddle State (1 if observe                   6(b)(5) 13 requirement that the rules of
                                                  30% and 0 otherwise), and another                       an exchange not be designed to permit                   III. Date of Effectiveness of the
                                                  indicator variable for whether the                      unfair discrimination between                           Proposed Rule Change and Timing for
                                                  option price within five minutes of the                 customers, issuers, brokers, or dealers.                Commission Action
                                                  underlying stock leaving the Limit or                      In particular, the Exchange further
                                                  Straddle State (or halt if applicable) is                                                                          Because the proposed rule change
                                                                                                          believes that it is necessary and
                                                  30% away from the price before the start                                                                        does not (i) significantly affect the
                                                                                                          appropriate in the interest of promoting
                                                  of the Limit or Straddle State.                                                                                 protection of investors or the public
                                                                                                          fair and orderly markets to exclude
                                                                                                                                                                  interest; (ii) impose any significant
                                                     In addition, the Exchange will                       transactions executed during a Limit or
                                                                                                                                                                  burden on competition; and (iii) become
                                                  provide to the Commission, and the                      Straddle State from certain aspects of
                                                                                                                                                                  operative for 30 days from the date on
                                                  public, no later than five months prior                 Rule 720. The Exchange believes the
                                                                                                                                                                  which it was filed, or such shorter time
                                                  to the pilot expiration, including any                  application of the current rule will be
                                                                                                                                                                  as the Commission may designate if
                                                  extension, assessments relating to the                  impracticable given the lack of a reliable
                                                                                                                                                                  consistent with the protection of
                                                  impact of the operation of the obvious                  national best bid or offer in the options
                                                                                                                                                                  investors and the public interest, the
                                                  error rules during Limit and Straddle                   market during Limit and Straddle
                                                                                                                                                                  proposed rule change has become
                                                  States including: (1) An evaluation of                  States, and that the resulting actions
                                                                                                                                                                  effective pursuant to Section 19(b)(3)(A)
                                                  the statistical and economic impact of                  (i.e., nullified trades or adjusted prices)
                                                                                                                                                                  of the Act 14 and Rule 19b–4(f)(6)(iii)
                                                  Limit and Straddle States on liquidity                  may not be appropriate given market
                                                                                                                                                                  thereunder.15
                                                  and market quality in the options                       conditions. Extending this pilot to
                                                                                                          coincide with the Limit Up-Limit Down                      The Exchange has asked the
                                                  markets, and (2) an assessment of                                                                               Commission to waive the 30-day
                                                  whether the lack of obvious error rules                 Plan would ensure that limit orders that
                                                                                                          are filled during a Limit or Straddle                   operative delay so that the proposal may
                                                  in effect during the Straddle and Limit                                                                         become operative immediately upon
                                                  States are problematic. This means that,                State would have certainty of execution
                                                                                                          in a manner that promotes just and                      filing. The Commission believes that
                                                  if the Plan extension is approved, the                                                                          waiving the 30-day operative delay is
                                                  next data assessment will be due no                     equitable principles of trade, removes
                                                                                                          impediments to, and perfects the                        consistent with the protection of
                                                  later than December 18, 2015.                                                                                   investors and the public interest, as it
                                                                                                          mechanism of a free and open market
                                                     Finally, the Exchange proposes to                    and a national market system. Thus, the                 will allow the obvious error pilot
                                                  delete section (d) of Rule 703A to                      Exchange believes that the protections                  program to continue uninterrupted
                                                  harmonize its rulebook. Earlier this                    of the pilot should continue while the                  while the industry gains further
                                                  year, the options exchanges harmonized                  industry gains further experience                       experience operating under the Plan,
                                                  their rules relating to the adjustment                  operating the Plan. Finally, the                        and avoid any investor confusion that
                                                  and nullification of erroneous options                  Exchange proposes to delete section (d)                 could result from a temporary
                                                  transactions as well as a specific                      of Rule 703A to harmonize its rulebook                  interruption in the pilot program. For
                                                  provision related to coordination in                    to prevent investor confusion.                          this reason, the Commission designates
                                                  connection with large-scale events                                                                              the proposed rule change to be operative
                                                  involving erroneous options                             B. Self-Regulatory Organization’s                       upon filing.16
                                                  transactions.10 The Exchange                            Statement on Burden on Competition
                                                                                                                                                                    14 15  U.S.C. 78s(b)(3)(A).
                                                  inadvertently did not remove section (d)                  The Exchange does not believe that
                                                                                                                                                                    15 17  CFR 240.19b–4(f)(6)(iii). As required under
                                                  to Rule 703A from its rulebook in this                  the proposed rule change will impose                    Rule 19b–4(f)(6)(iii), the Exchange provided the
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                                                  filing. This section (d) duplicates .01 of              any burden on competition that is not                   Commission with written notice of its intent to file
                                                  Supplementary Material to Rule 720,                     necessary or appropriate in furtherance                 the proposed rule change, along with a brief
                                                  and as such, the Exchange proposes to                   of the purposes of the Act. Specifically,               description and the text of the proposed rule
                                                                                                                                                                  change, at least five business days prior to the date
                                                  delete it.                                              the Exchange believes that, by extending                of filing of the proposed rule change, or such
                                                                                                                                                                  shorter time as designated by the Commission.
                                                    10 Securities Exchange Act Release No. 74896            11 15    U.S.C. 78f(b).                                 16 For purposes only of waiving the 30-day
                                                                                                            12 15    U.S.C. 78f(b)(5).
                                                  (May 7, 2015), 80 FR 27373 (May 13, 2015) (SR–                                                                  operative delay, the Commission has also
                                                  ISE–2015–18).                                             13 Id.                                                considered the proposed rule’s impact on



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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                                  66065

                                                     At any time within 60 days of the                    received will be posted without change;               II. Self-Regulatory Organization’s
                                                  filing of the proposed rule change, the                 the Commission does not edit personal                 Statement of the Purpose of, and
                                                  Commission summarily may                                identifying information from                          Statutory Basis for, the Proposed Rule
                                                  temporarily suspend such rule change if                 submissions. You should submit only                   Change
                                                  it appears to the Commission that such                  information that you wish to make
                                                  action is necessary or appropriate in the               available publicly. All submissions                     In its filing with the Commission, the
                                                  public interest, for the protection of                  should refer to File Number SR–ISE–                   self-regulatory organization included
                                                  investors, or otherwise in furtherance of               2015–34, and should be submitted on or                statements concerning the purpose of,
                                                  the purposes of the Act. If the                         before November 18, 2015.                             and basis for, the proposed rule change
                                                  Commission takes such action, the                         For the Commission, by the Division of              and discussed any comments it received
                                                  Commission shall institute proceedings                  Trading and Markets, pursuant to delegated            on the proposed rule change. The text
                                                  to determine whether the proposed rule                  authority.17                                          of those statements may be examined at
                                                  should be approved or disapproved.                      Brent J. Fields,                                      the places specified in Item IV below.
                                                  IV. Solicitation of Comments                            Secretary.                                            The Exchange has prepared summaries,
                                                                                                          [FR Doc. 2015–27352 Filed 10–27–15; 8:45 am]          set forth in sections A, B, and C below,
                                                    Interested persons are invited to                                                                           of the most significant parts of such
                                                                                                          BILLING CODE 8011–01–P
                                                  submit written data, views, and                                                                               statements.
                                                  arguments concerning the foregoing,
                                                  including whether the proposed rule                     SECURITIES AND EXCHANGE                               A. Self-Regulatory Organization’s
                                                  change is consistent with the Act.                      COMMISSION                                            Statement of the Purpose of, and the
                                                  Comments may be submitted by any of                                                                           Statutory Basis for, the Proposed Rule
                                                  the following methods:                                  [Release No. 34–76229; File No. SR–NYSE–              Change
                                                                                                          2015–46]
                                                  Electronic Comments                                                                                           1. Purpose
                                                    • Use the Commission’s Internet                       Self-Regulatory Organizations; New
                                                                                                          York Stock Exchange LLC; Notice of                      The Exchange proposes to establish
                                                  comment form (http://www.sec.gov/
                                                                                                          Filing of Proposed Rule Change                        rules to require its member
                                                  rules/sro.shtml); or
                                                    • Send an email to rule-comments@                     Establishing Rules To Comply With the                 organizations to comply with the
                                                  sec.gov. Please include File Number SR–                 Requirements of the Plan To                           requirements of the Plan to Implement
                                                  ISE–2015–34 on the subject line.                        Implement a Tick Size Pilot Plan                      a Tick Size Pilot Program (the ‘‘Plan’’),4
                                                                                                          Submitted to the Commission                           which is designed to study and assess
                                                  Paper Comments                                          Pursuant to Rule 608 of Regulation                    the impact of increment conventions on
                                                     • Send paper comments in triplicate                  NMS Under the Act                                     the liquidity and trading of the common
                                                  to Secretary, Securities and Exchange                   October 22, 2015.
                                                                                                                                                                stocks of small capitalization
                                                  Commission, 100 F Street NE.,                              Pursuant to Section 19(b)(1) 1 of the              companies. The Exchange proposes
                                                  Washington, DC 20549–1090.                              Securities Exchange Act of 1934 (the                  changes to its rules for a two-year pilot
                                                  All submissions should refer to File                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                period that coincides with the pilot
                                                  Number SR–ISE–2015–34. This file                        notice is hereby given that, on October               period for the Plan, which is currently
                                                  number should be included on the                        9, 2015, New York Stock Exchange LLC                  scheduled as a two year pilot to begin
                                                  subject line if email is used. To help the              (‘‘NYSE’’ or the ‘‘Exchange’’) filed with             on May 6, 2016.
                                                  Commission process and review your                      the Securities and Exchange
                                                  comments more efficiently, please use                                                                         Background
                                                                                                          Commission (the ‘‘Commission’’) the
                                                  only one method. The Commission will                    proposed rule change as described in                     On August 25, 2014, NYSE Group,
                                                  post all comments on the Commission’s                   Items I, II, and III below, which Items               Inc., on behalf of BATS Exchange, Inc.,
                                                  Internet Web site (http://www.sec.gov/                  have been prepared by the self-                       BATS Y-Exchange, Inc., Chicago Stock
                                                  rules/sro.shtml). Copies of the                         regulatory organization. The                          Exchange, Inc., EDGA Exchange, Inc.,
                                                  submission, all subsequent                              Commission is publishing this notice to               EDGX Exchange, Inc., Financial
                                                  amendments, all written statements                      solicit comments on the proposed rule                 Industry Regulatory Authority, Inc.
                                                  with respect to the proposed rule                       change from interested persons.                       (‘‘FINRA’’), NASDAQ OMX BX, Inc.,
                                                  change that are filed with the                                                                                NASDAQ OMX PHLX LLC, the Nasdaq
                                                  Commission, and all written                             I. Self-Regulatory Organization’s
                                                                                                          Statement of the Terms of Substance of                Stock Market LLC, New York Stock
                                                  communications relating to the
                                                                                                          the Proposed Rule Change                              Exchange LLC, NYSE MKT LLC, and
                                                  proposed rule change between the
                                                                                                                                                                NYSE Arca, Inc. (collectively
                                                  Commission and any person, other than                      The Exchange proposes to establish                 ‘‘Participants’’), filed with the
                                                  those that may be withheld from the                     rules to comply with the requirements                 Commission, pursuant to Section 11A of
                                                  public in accordance with the                           of the Plan to Implement a Tick Size                  the Act 5 and Rule 608 of Regulation
                                                  provisions of 5 U.S.C. 552, will be                     Pilot Plan submitted to the Commission
                                                  available for Web site viewing and                                                                            NMS thereunder, the Plan to Implement
                                                                                                          pursuant to Rule 608 of Regulation NMS
                                                  printing in the Commission’s Public                                                                           a Tick Size Pilot Program.6 The
                                                                                                          under the Act (the ‘‘Plan’’). The text of
                                                  Reference Room, 100 F Street NE.,                                                                             Participants filed the Plan to comply
                                                                                                          the proposed rule change is available on
                                                  Washington, DC 20549 on official                                                                              with an order issued by the Commission
                                                                                                          the Exchange’s Web site at
                                                                                                                                                                on June 24, 2014 (the ‘‘June 2014
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                                                  business days between the hours of                      www.nyse.com, at the principal office of
                                                  10:00 a.m. and 3:00 p.m. Copies of such                 the Exchange, and at the Commission’s
                                                                                                                                                                   4 See Securities and Exchange Act Release No.
                                                  filing also will be available for                       Public Reference Room.                                74892 (May 6, 2015), 80 FR 27513 (File No. 4–657)
                                                  inspection and copying at the principal                                                                       (‘‘Tick Plan Approval Order’’).
                                                  office of the Exchange. All comments                      17 17 CFR 200.30–3(a)(12).                             5 15 U.S.C. 78k–1.
                                                                                                            1 15 U.S.C. 78s(b)(1).                                 6 See Letter from Brendon J. Weiss, Vice
                                                                                                            2 15 U.S.C. 78a.
                                                  efficiency, competition, and capital formation. See                                                           President, Intercontinental Exchange, Inc., to
                                                  15 U.S.C. 78c(f).                                         3 17 CFR 240.19b–4.                                 Secretary, Commission, dated August 25, 2014.



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Document Created: 2018-02-27 08:57:41
Document Modified: 2018-02-27 08:57:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 66063 

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