80_FR_66277 80 FR 66069 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 20.6, Nullification and Adjustment of Options Transactions Including Obvious Errors

80 FR 66069 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 20.6, Nullification and Adjustment of Options Transactions Including Obvious Errors

SECURITIES AND EXCHANGE COMMISSION

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

Page Range66069-66072
FR Document2015-27351

Federal Register, Volume 80 Issue 208 (Wednesday, October 28, 2015)
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66069-66072]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27351]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76231; File No. SR-BATS-2015-91]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
20.6, Nullification and Adjustment of Options Transactions Including 
Obvious Errors

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, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange filed a proposal for the Exchange's equity options 
platform (``BATS Options'') to extend the pilot program that suspends 
certain obvious error provisions of Rule 20.6 during limit up-limit 
down states in securities that underlie options traded on the Exchange.
    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.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 Exchange 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 Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant parts of such 
statements.

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

1. Purpose
    Earlier this year, the Exchange adopted new Rule 20.6 related to 
the adjustment and nullification of transactions that occur on the 
Exchange's equity options platform (``BATS Options'').\5\ 
Interpretation and Policy .01 to Rule 20.6 is designed to address 
certain issues related to the Plan to Address Extraordinary Market 
Volatility Pursuant to Rule 608 of

[[Page 66070]]

Regulation NMS under the Act (the ``Limit Up-Limit Down Plan'' or the 
``Plan'').\6\ Specifically, pursuant to a pilot program set forth in 
Interpretation and Policy .01 to Rule 20.6, the Exchange excludes from 
certain provisions of Rule 20.6 transactions executed during a ``Limit 
State'' or ``Straddle State,'' as such terms are defined in the Plan.
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    \5\ See Securities Exchange Act Release No. 74556 (March 20, 
2015), 80 FR 16031 (March 26, 2015) (SR-BATS-2014-067).
    \6\ See Securities Exchange Act Release No. 67091 (May 31, 
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down 
Release'').
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    The purpose of this filing is to extend the effectiveness of the 
pilot program of Interpretation and Policy .01 of Rule 20.6 to coincide 
with the pilot period for the Limit Up-Limit Down Plan, including any 
extensions to the pilot period for the Plan. The Exchange also proposes 
to amend a cross-reference contained within Interpretation and Policy 
.01, as described below.
    The Exchange believes the benefits to market participants from 
Interpretation and Policy .01 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 20.6 would likely apply in many 
instances during Limit States and Straddle States. The Exchange 
believes that continuing the pilot will protect against any 
unanticipated consequences in the options markets during a Limit State 
or Straddle State. Thus, the Exchange believes that the protections of 
the current rule should continue while the industry gains further 
experience operating the Plan. Rather than extending the pilot program 
to a specific date, the Exchange proposes to extend the pilot to 
coincide with the operation of the Plan, which is also a pilot 
program.\7\
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    \7\ Currently, the pilot period for the Plan is proposed to be 
extended to April 22, 2016. See Securities Exchange Act Release No. 
75917 (September 14, 2015), 80 FR 56515 (September 18, 2015).
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    The Exchange represents that it will conduct its own analysis 
concerning the elimination of the Obvious Error and Catastrophic Error 
provisions during Limit and Straddle States and agrees to provide the 
Commission with relevant data to assess the impact of this proposed 
rule change. As part of its analysis, the Exchange will evaluate (1) 
the options market quality during Limit and Straddle States, (2) assess 
the character of incoming order flow and transactions during Limit and 
Straddle States, and (3) review any complaints from Members and their 
customers concerning executions during Limit and Straddle States. The 
Exchange also agrees to provide to the Commission data requested to 
evaluate the impact of the inapplicability of the Obvious Error and 
Catastrophic Error provisions, including data relevant to assessing the 
various analyses noted above.
    In connection with this proposal, each month the Exchange will 
provide to the Commission and the public a dataset containing the data 
for each Straddle State and Limit State in NMS Stocks underlying 
options traded on the Exchange, limited to those option classes that 
have at least one (1) trade on the Exchange during a Straddle State or 
Limit State. For each of those option classes affected, each data 
record will contain the following information:
     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.
     For activity on the Exchange:
      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). 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 shall provide to the Commission and the 
public assessments relating to the impact of the operation of the 
Obvious Error rules during Limit and Straddle States as follows: (1) 
Evaluate the statistical and economic impact of Limit and Straddle 
States on liquidity and market quality in the options markets; and (2) 
Assess whether the lack of Obvious Error rules in effect during the 
Straddle and Limit States are problematic. The Exchange agrees to 
provide the analysis and data to the Commission to help evaluate the 
impact of the pilot program no later than five months prior to the 
pilot expiration, including any extensions. If the Plan extension is 
approved, the next data assessment will be due on December 18, 2015.
    As noted above, pursuant to the pilot program, the Exchange 
excludes from certain provisions of Rule 20.6 transactions executed 
during a Limit State or Straddle State, as such terms are defined in 
the Plan. The Exchange, however, retains authority to review 
transactions on an Official's own motion pursuant to sub-paragraph 
(c)(3) of Rule 20.6 and to bust or adjust transactions pursuant to 
provisions governing Significant Market Events, as defined in the Rule, 
trading halts, erroneous prints and quotes in the underlying security, 
and in connection with stop and stop limit orders that have been 
triggered by an erroneous execution. The Exchange believes that these 
safeguards will provide the Exchange with the flexibility to act when 
necessary and appropriate to nullify or adjust a transaction, while 
also providing market participants with certainty that, under normal 
circumstances, the trades they affect with quotes and/or orders having 
limit prices will stand irrespective of subsequent moves in the 
underlying security. Subsequent to the adoption of new Rule 20.6, the 
Exchange adopted a provision, paragraph (k), which governs erroneous 
trades occurring from disruptions and/or malfunctions of Exchange 
systems. The Exchange proposes to extend the authority to nullify 
transactions pursuant to paragraph (k) even in the event of a Limit 
State or Straddle State for the underlying security, thereby excluding 
such provision from the pilot program. The Exchange notes that other 
options exchanges that have a provision governing erroneous trades 
occurring from disruptions and/or malfunctions of Exchange systems have 
also excluded such provision from the pilot program.\8\
---------------------------------------------------------------------------

    \8\ See, e.g., NYSE MKT Rule 975NY, Interpretation and Policy 
.03, which excludes paragraph (l) of Rule 975NY from the pilot 
program; see also, CBOE Rule 6.25, Interpretation and Policy .01, 
which excludes Interpretation and Policy .05 from the pilot program.
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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.\9\ In particular, the 
proposal is consistent with Section 6(b)(5) of the Act \10\ because it 
would promote just and equitable principles of trade, remove

[[Page 66071]]

impediments to, and perfect the mechanism of, a free and open market 
and a national market system. Additionally, the Exchange believes the 
proposed rule change is consistent with the Section 6(b)(5) \11\ 
requirement that the rules of an exchange not be designed to permit 
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
---------------------------------------------------------------------------

    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 20.6. 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 States 
and Straddle States, and that the resulting actions (i.e., nullified 
trades or adjusted prices) may not be appropriate given market 
conditions. Extension of this pilot to coincide with the pilot period 
for 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. The Exchange also believes 
it is necessary and appropriate in the interest of promoting fair and 
orderly markets to retain authority to nullify erroneous trades 
occurring from disruptions and/or malfunctions of Exchange systems 
without regard to whether the underlying security was in a Limit State 
or Straddle State. As noted above, this will ensure consistency with 
the rules of other options exchanges.\12\
---------------------------------------------------------------------------

    \12\ See supra note 7.
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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 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 \13\ and Rule 19b-
4(f)(6)(iii) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 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.
---------------------------------------------------------------------------

    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.\15\
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    \15\ 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).
---------------------------------------------------------------------------

    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-BATS-2015-91 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-BATS-2015-91. 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-BATS-2015-91, and should be 
submitted on or before November 18, 2015.


[[Page 66072]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-27351 Filed 10-27-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                                  66069

                                                  specified in the Plan, of which other                   only one method. The Commission will                  change as described in Items I and II
                                                  equities exchanges are also Participants.               post all comments on the Commission’s                 below, which Items have been prepared
                                                  Other competing national securities                     Internet Web site (http://www.sec.gov/                by the Exchange. The Exchange has
                                                  exchanges are subject to the same                       rules/sro.shtml). Copies of the                       designated this proposal as a ‘‘non-
                                                  trading and quoting requirements                        submission, all subsequent                            controversial’’ proposed rule change
                                                  specified in the Plan. Therefore, the                   amendments, all written statements                    pursuant to Section 19(b)(3)(A) of the
                                                  proposed changes would not impose                       with respect to the proposed rule                     Act 3 and Rule 19b–4(f)(6)(iii)
                                                  any burden on competition, while                        change that are filed with the                        thereunder,4 which renders it effective
                                                  providing certainty of treatment and                    Commission, and all written                           upon filing with the Commission. The
                                                  execution of trading interests on the                   communications relating to the                        Commission is publishing this notice to
                                                  Exchange to market participants in NMS                  proposed rule change between the                      solicit comments on the proposed rule
                                                  Stocks that are acting in compliance                    Commission and any person, other than                 change from interested persons.
                                                  with the requirements specified in the                  those that may be withheld from the
                                                                                                          public in accordance with the                         I. Self-Regulatory Organization’s
                                                  Plan.
                                                                                                          provisions of 5 U.S.C. 552, will be                   Statement of the Terms of the Substance
                                                  C. Self-Regulatory Organization’s                       available for Web site viewing and                    of the Proposed Rule Change
                                                  Statement on Comments on the                            printing in the Commission’s Public                      The Exchange filed a proposal for the
                                                  Proposed Rule Change Received From                      Reference Section, 100 F Street NE.,                  Exchange’s equity options platform
                                                  Members, Participants, or Others                        Washington, DC 20549–1090 on official                 (‘‘BATS Options’’) to extend the pilot
                                                    No written comments were solicited                    business days between the hours of                    program that suspends certain obvious
                                                  or received with respect to the proposed                10:00 a.m. and 3:00 p.m. Copies of the                error provisions of Rule 20.6 during
                                                  rule change.                                            filing will also be available for                     limit up-limit down states in securities
                                                                                                          inspection and copying at the NYSE’s                  that underlie options traded on the
                                                  III. Date of Effectiveness of the                       principal office and on its Internet Web              Exchange.
                                                  Proposed Rule Change and Timing for                     site at www.nyse.com. All comments                       The text of the proposed rule change
                                                  Commission Action                                       received will be posted without change;               is available at the Exchange’s Web site
                                                     Within 45 days of the date of                        the Commission does not edit personal                 at www.batstrading.com, at the
                                                  publication of this notice in the Federal               identifying information from                          principal office of the Exchange, and at
                                                  Register or up to 90 days (i) as the                    submissions. You should submit only                   the Commission’s Public Reference
                                                  Commission may designate if it finds                    information that you wish to make                     Room.
                                                  such longer period to be appropriate                    available publicly.
                                                                                                             All submissions should refer to File               II. Self-Regulatory Organization’s
                                                  and publishes its reasons for so finding
                                                                                                          Number SR–NYSE–2015–46 and should                     Statement of the Purpose of, and
                                                  or (ii) as to which the self-regulatory
                                                                                                          be submitted on or before November 18,                Statutory Basis for, the Proposed Rule
                                                  organization consents, the Commission
                                                                                                          2015.                                                 Change
                                                  will:
                                                     (A) By order approve or disapprove                     For the Commission, by the Division of                 In its filing with the Commission, the
                                                  the proposed rule change, or                            Trading and Markets, pursuant to delegated            Exchange included statements
                                                     (B) institute proceedings to determine               authority.34                                          concerning the purpose of and basis for
                                                  whether the proposed rule change                        Brent J. Fields,                                      the proposed rule change and discussed
                                                  should be disapproved.                                  Secretary.                                            any comments it received on the
                                                                                                          [FR Doc. 2015–27349 Filed 10–27–15; 8:45 am]
                                                                                                                                                                proposed rule change. The text of these
                                                  IV. Solicitation of Comments
                                                                                                          BILLING CODE 8011–01–P
                                                                                                                                                                statements may be examined at the
                                                    Interested persons are invited to                                                                           places specified in Item IV below. The
                                                  submit written data, views, and                                                                               Exchange has prepared summaries, set
                                                  arguments concerning the foregoing,                     SECURITIES AND EXCHANGE                               forth in Sections A, B, and C below, of
                                                  including whether the proposed rule                     COMMISSION                                            the most significant parts of such
                                                  change is consistent with the Act.                                                                            statements.
                                                  Comments may be submitted by any of                     [Release No. 34–76231; File No. SR–BATS–
                                                  the following methods:                                  2015–91]                                              A. Self-Regulatory Organization’s
                                                                                                                                                                Statement of the Purpose of, and
                                                  Electronic Comments                                     Self-Regulatory Organizations; BATS                   Statutory Basis for, the Proposed Rule
                                                    • Use the Commission’s Internet                       Exchange, Inc.; Notice of Filing and                  Change
                                                  comment form (http://www.sec.gov/                       Immediate Effectiveness of a Proposed
                                                                                                          Rule Change to Rule 20.6, Nullification               1. Purpose
                                                  rules/sro.shtml); or
                                                    • Send an email to rule-comments@                     and Adjustment of Options                                Earlier this year, the Exchange
                                                  sec.gov. Please include File Number SR–                 Transactions Including Obvious Errors                 adopted new Rule 20.6 related to the
                                                  NYSE–2015–46 on the subject line.                                                                             adjustment and nullification of
                                                                                                          October 22, 2015.
                                                                                                                                                                transactions that occur on the
                                                  Paper Comments                                             Pursuant to Section 19(b)(1) of the                Exchange’s equity options platform
                                                                                                          Securities Exchange Act of 1934 (the
                                                    • Send paper comments in triplicate                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                                                                                (‘‘BATS Options’’).5 Interpretation and
                                                  to Brent J. Fields, Secretary, Securities                                                                     Policy .01 to Rule 20.6 is designed to
                                                                                                          notice is hereby given that on October                address certain issues related to the Plan
                                                  and Exchange Commission, 100 F Street
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          20, 2015, BATS Exchange, Inc. (the                    to Address Extraordinary Market
                                                  NE., Washington, DC 20549–1090.                         ‘‘Exchange’’ or ‘‘BATS’’) filed with the
                                                  All submissions should refer to File                                                                          Volatility Pursuant to Rule 608 of
                                                                                                          Securities and Exchange Commission
                                                  Number SR–NYSE–2015–46. This file                       (‘‘Commission’’) the proposed rule                      3 15 U.S.C. 78s(b)(3)(A).
                                                  number should be included on the                                                                                4 17 CFR 240.19b–4(f)(6)(iii).
                                                  subject line if email is used. To help the                34 17 CFR 200.30–3(a)(12).                            5 See Securities Exchange Act Release No. 74556
                                                  Commission process and review your                        1 15 U.S.C. 78s(b)(1).                              (March 20, 2015), 80 FR 16031 (March 26, 2015)
                                                  comments more efficiently, please use                     2 17 CFR 240.19b–4.                                 (SR–BATS–2014–067).



                                             VerDate Sep<11>2014   19:16 Oct 27, 2015   Jkt 238001   PO 00000   Frm 00087   Fmt 4703   Sfmt 4703   E:\FR\FM\28OCN1.SGM   28OCN1


                                                  66070                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  Regulation NMS under the Act (the                       States, and (3) review any complaints                 extension is approved, the next data
                                                  ‘‘Limit Up-Limit Down Plan’’ or the                     from Members and their customers                      assessment will be due on December 18,
                                                  ‘‘Plan’’).6 Specifically, pursuant to a                 concerning executions during Limit and                2015.
                                                  pilot program set forth in Interpretation               Straddle States. The Exchange also                       As noted above, pursuant to the pilot
                                                  and Policy .01 to Rule 20.6, the                        agrees to provide to the Commission                   program, the Exchange excludes from
                                                  Exchange excludes from certain                          data requested to evaluate the impact of              certain provisions of Rule 20.6
                                                  provisions of Rule 20.6 transactions                    the inapplicability of the Obvious Error              transactions executed during a Limit
                                                  executed during a ‘‘Limit State’’ or                    and Catastrophic Error provisions,                    State or Straddle State, as such terms are
                                                  ‘‘Straddle State,’’ as such terms are                   including data relevant to assessing the              defined in the Plan. The Exchange,
                                                  defined in the Plan.                                    various analyses noted above.                         however, retains authority to review
                                                     The purpose of this filing is to extend                 In connection with this proposal, each             transactions on an Official’s own motion
                                                  the effectiveness of the pilot program of               month the Exchange will provide to the                pursuant to sub-paragraph (c)(3) of Rule
                                                  Interpretation and Policy .01 of Rule                   Commission and the public a dataset                   20.6 and to bust or adjust transactions
                                                  20.6 to coincide with the pilot period                  containing the data for each Straddle                 pursuant to provisions governing
                                                  for the Limit Up-Limit Down Plan,                       State and Limit State in NMS Stocks                   Significant Market Events, as defined in
                                                  including any extensions to the pilot                   underlying options traded on the                      the Rule, trading halts, erroneous prints
                                                  period for the Plan. The Exchange also                  Exchange, limited to those option                     and quotes in the underlying security,
                                                  proposes to amend a cross-reference                     classes that have at least one (1) trade              and in connection with stop and stop
                                                  contained within Interpretation and                     on the Exchange during a Straddle State               limit orders that have been triggered by
                                                  Policy .01, as described below.                         or Limit State. For each of those option              an erroneous execution. The Exchange
                                                     The Exchange believes the benefits to                classes affected, each data record will               believes that these safeguards will
                                                  market participants from Interpretation                 contain the following information:                    provide the Exchange with the
                                                  and Policy .01 should continue on a                        • Stock symbol, option symbol, time                flexibility to act when necessary and
                                                  pilot basis. The Exchange continues to                  at the start of the Straddle or Limit                 appropriate to nullify or adjust a
                                                  believe that adding certainty to the                    State, an indicator for whether it is a               transaction, while also providing market
                                                  execution of orders in Limit or Straddle                Straddle or Limit State.                              participants with certainty that, under
                                                  States will encourage market                               • For activity on the Exchange:                    normal circumstances, the trades they
                                                  participants to continue to provide                         • executed volume, time-weighted                  affect with quotes and/or orders having
                                                  liquidity to the Exchange, and, thus,                   quoted bid-ask spread, time-weighted                  limit prices will stand irrespective of
                                                  promote a fair and orderly market                       average quoted depth at the bid, time-                subsequent moves in the underlying
                                                  during these periods. Barring this                      weighted average quoted depth at the                  security. Subsequent to the adoption of
                                                  provision, the obvious error provisions                 offer;                                                new Rule 20.6, the Exchange adopted a
                                                  of Rule 20.6 would likely apply in many                     • high execution price, low                       provision, paragraph (k), which governs
                                                  instances during Limit States and                       execution price;                                      erroneous trades occurring from
                                                  Straddle States. The Exchange believes                      • number of trades for which a                    disruptions and/or malfunctions of
                                                  that continuing the pilot will protect                  request for review for error was received             Exchange systems. The Exchange
                                                  against any unanticipated consequences                  during Straddle and Limit States;                     proposes to extend the authority to
                                                  in the options markets during a Limit                      • an indicator variable for whether                nullify transactions pursuant to
                                                  State or Straddle State. Thus, the                      those options outlined above have a                   paragraph (k) even in the event of a
                                                  Exchange believes that the protections                  price change exceeding 30% during the                 Limit State or Straddle State for the
                                                  of the current rule should continue                     underlying stock’s Limit or Straddle                  underlying security, thereby excluding
                                                  while the industry gains further                        State compared to the last available                  such provision from the pilot program.
                                                  experience operating the Plan. Rather                   option price as reported by OPRA before               The Exchange notes that other options
                                                  than extending the pilot program to a                   the start of the Limit or Straddle State              exchanges that have a provision
                                                  specific date, the Exchange proposes to                 (1 if observe 30% and 0 otherwise).                   governing erroneous trades occurring
                                                  extend the pilot to coincide with the                   Another indicator variable for whether                from disruptions and/or malfunctions of
                                                  operation of the Plan, which is also a                  the option price within five minutes of               Exchange systems have also excluded
                                                  pilot program.7                                         the underlying stock leaving the Limit                such provision from the pilot program.8
                                                     The Exchange represents that it will                 or Straddle state (or halt if applicable)
                                                  conduct its own analysis concerning the                 is 30% away from the price before the                 2. Statutory Basis
                                                  elimination of the Obvious Error and                    start of the Limit or Straddle State.                    The Exchange believes that its
                                                  Catastrophic Error provisions during                       In addition, the Exchange shall                    proposal is consistent with the
                                                  Limit and Straddle States and agrees to                 provide to the Commission and the                     requirements of the Act and the rules
                                                  provide the Commission with relevant                    public assessments relating to the                    and regulations thereunder that are
                                                  data to assess the impact of this                       impact of the operation of the Obvious                applicable to a national securities
                                                  proposed rule change. As part of its                    Error rules during Limit and Straddle                 exchange, and, in particular, with the
                                                  analysis, the Exchange will evaluate (1)                States as follows: (1) Evaluate the                   requirements of Section 6(b) of the Act.9
                                                  the options market quality during Limit                 statistical and economic impact of Limit              In particular, the proposal is consistent
                                                  and Straddle States, (2) assess the                     and Straddle States on liquidity and                  with Section 6(b)(5) of the Act 10
                                                  character of incoming order flow and                    market quality in the options markets;                because it would promote just and
                                                  transactions during Limit and Straddle                  and (2) Assess whether the lack of                    equitable principles of trade, remove
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                                                                                                          Obvious Error rules in effect during the
                                                     6 See Securities Exchange Act Release No. 67091      Straddle and Limit States are                           8 See, e.g., NYSE MKT Rule 975NY, Interpretation

                                                  (May 31, 2012), 77 FR 33498 (June 6, 2012) (the         problematic. The Exchange agrees to                   and Policy .03, which excludes paragraph (l) of
                                                  ‘‘Limit Up-Limit Down Release’’).                       provide the analysis and data to the                  Rule 975NY from the pilot program; see also, CBOE
                                                     7 Currently, the pilot period for the Plan is                                                              Rule 6.25, Interpretation and Policy .01, which
                                                                                                          Commission to help evaluate the impact                excludes Interpretation and Policy .05 from the
                                                  proposed to be extended to April 22, 2016. See
                                                  Securities Exchange Act Release No. 75917
                                                                                                          of the pilot program no later than five               pilot program.
                                                  (September 14, 2015), 80 FR 56515 (September 18,        months prior to the pilot expiration,                   9 15 U.S.C. 78f(b).

                                                  2015).                                                  including any extensions. If the Plan                   10 15 U.S.C. 78f(b)(5).




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                                                                              Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                             66071

                                                  impediments to, and perfect the                           marketplace and facilitating investor                   investors, or otherwise in furtherance of
                                                  mechanism of, a free and open market                      protection.                                             the purposes of the Act. If the
                                                  and a national market system.                                                                                     Commission takes such action, the
                                                                                                            C. Self-Regulatory Organization’s
                                                  Additionally, the Exchange believes the                                                                           Commission shall institute proceedings
                                                                                                            Statement on Comments on the
                                                  proposed rule change is consistent with                                                                           to determine whether the proposed rule
                                                                                                            Proposed Rule Change Received From
                                                  the Section 6(b)(5) 11 requirement that                                                                           should be approved or disapproved.
                                                                                                            Members, Participants, or Others
                                                  the rules of an exchange not be designed
                                                                                                              The Exchange has not solicited, and                   IV. Solicitation of Comments
                                                  to permit unfair discrimination between
                                                  customers, issuers, brokers, or dealers.                  does not intend to solicit, comments on                   Interested persons are invited to
                                                     In particular, the Exchange further                    this proposed rule change. The                          submit written data, views, and
                                                  believes that it is necessary and                         Exchange has not received any written                   arguments concerning the foregoing,
                                                  appropriate in the interest of promoting                  comments from members or other                          including whether the proposed rule
                                                  fair and orderly markets to exclude                       interested parties.                                     change is consistent with the Act.
                                                  transactions executed during a Limit or                   III. Date of Effectiveness of the                       Comments may be submitted by any of
                                                  Straddle State from certain aspects of                    Proposed Rule Change and Timing for                     the following methods:
                                                  Rule 20.6. The Exchange believes the                      Commission Action                                       Electronic Comments
                                                  application of the current rule will be
                                                  impracticable given the lack of a reliable                   Because the proposed rule change                       • Use the Commission’s Internet
                                                  national best bid or offer in the options                 does not (i) significantly affect the                   comment form (http://www.sec.gov/
                                                  market during Limit States and Straddle                   protection of investors or the public                   rules/sro.shtml); or
                                                  States, and that the resulting actions                    interest; (ii) impose any significant                     • Send an email to rule-comments@
                                                  (i.e., nullified trades or adjusted prices)               burden on competition; and (iii) become                 sec.gov. Please include File Number SR–
                                                  may not be appropriate given market                       operative for 30 days from the date on                  BATS–2015–91 on the subject line.
                                                  conditions. Extension of this pilot to                    which it was filed, or such shorter time
                                                                                                            as the Commission may designate if                      Paper Comments
                                                  coincide with the pilot period for the
                                                  Limit Up-Limit Down Plan would                            consistent with the protection of                          • Send paper comments in triplicate
                                                  ensure that limit orders that are filled                  investors and the public interest, the                  to Secretary, Securities and Exchange
                                                  during a Limit or Straddle State would                    proposed rule change has become                         Commission, 100 F Street NE.,
                                                  have certainty of execution in a manner                   effective pursuant to Section 19(b)(3)(A)               Washington, DC 20549–1090.
                                                  that promotes just and equitable                          of the Act 13 and Rule 19b–4(f)(6)(iii)                 All submissions should refer to File
                                                  principles of trade, removes                              thereunder.14                                           Number SR–BATS–2015–91. This file
                                                                                                               The Exchange has asked the                           number should be included on the
                                                  impediments to, and perfects the
                                                                                                            Commission to waive the 30-day                          subject line if email is used. To help the
                                                  mechanism of a free and open market
                                                                                                            operative delay so that the proposal may                Commission process and review your
                                                  and a national market system. Thus, the
                                                                                                            become operative immediately upon                       comments more efficiently, please use
                                                  Exchange believes that the protections
                                                                                                            filing. The Commission believes that                    only one method. The Commission will
                                                  of the pilot should continue while the
                                                                                                            waiving the 30-day operative delay is                   post all comments on the Commission’s
                                                  industry gains further experience
                                                                                                            consistent with the protection of                       Internet Web site (http://www.sec.gov/
                                                  operating the Plan. The Exchange also
                                                                                                            investors and the public interest, as it                rules/sro.shtml). Copies of the
                                                  believes it is necessary and appropriate
                                                                                                            will allow the obvious error pilot                      submission, all subsequent
                                                  in the interest of promoting fair and
                                                                                                            program to continue uninterrupted                       amendments, all written statements
                                                  orderly markets to retain authority to
                                                                                                            while the industry gains further                        with respect to the proposed rule
                                                  nullify erroneous trades occurring from
                                                                                                            experience operating under the Plan,                    change that are filed with the
                                                  disruptions and/or malfunctions of
                                                                                                            and avoid any investor confusion that                   Commission, and all written
                                                  Exchange systems without regard to
                                                                                                            could result from a temporary                           communications relating to the
                                                  whether the underlying security was in
                                                                                                            interruption in the pilot program. For                  proposed rule change between the
                                                  a Limit State or Straddle State. As noted
                                                                                                            this reason, the Commission designates                  Commission and any person, other than
                                                  above, this will ensure consistency with
                                                                                                            the proposed rule change to be operative                those that may be withheld from the
                                                  the rules of other options exchanges.12
                                                                                                            upon filing.15                                          public in accordance with the
                                                  B. Self-Regulatory Organization’s                            At any time within 60 days of the                    provisions of 5 U.S.C. 552, will be
                                                  Statement on Burden on Competition                        filing of the proposed rule change, the                 available for Web site viewing and
                                                                                                            Commission summarily may                                printing in the Commission’s Public
                                                    The Exchange does not believe that                      temporarily suspend such rule change if
                                                  the proposed rule change will impose                                                                              Reference Room, 100 F Street NE.,
                                                                                                            it appears to the Commission that such                  Washington, DC 20549 on official
                                                  any burden on competition that is not                     action is necessary or appropriate in the
                                                  necessary or appropriate in furtherance                                                                           business days between the hours of
                                                                                                            public interest, for the protection of                  10:00 a.m. and 3:00 p.m. Copies of such
                                                  of the purposes of the Act. Specifically,
                                                  the Exchange believes that, by extending                    13 15
                                                                                                                                                                    filing also will be available for
                                                                                                                     U.S.C. 78s(b)(3)(A).
                                                  the expiration of the pilot, the proposed                   14 17
                                                                                                                                                                    inspection and copying at the principal
                                                                                                                     CFR 240.19b–4(f)(6)(iii). As required under
                                                  rule change will allow for further                        Rule 19b–4(f)(6)(iii), the Exchange provided the        office of the Exchange. All comments
                                                  analysis of the pilot and a determination                 Commission with written notice of its intent to file    received will be posted without change;
                                                                                                            the proposed rule change, along with a brief            the Commission does not edit personal
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                                                  of how the pilot shall be structured in
                                                                                                            description and the text of the proposed rule           identifying information from
                                                  the future. In doing so, the proposed                     change, at least five business days prior to the date
                                                  rule change will also serve to promote                    of filing of the proposed rule change, or such          submissions. You should submit only
                                                  regulatory clarity and consistency,                       shorter time as designated by the Commission.           information that you wish to make
                                                  thereby reducing burdens on the                              15 For purposes only of waiving the 30-day           available publicly. All submissions
                                                                                                            operative delay, the Commission has also                should refer to File Number SR–BATS–
                                                                                                            considered the proposed rule’s impact on
                                                    11 Id.
                                                                                                            efficiency, competition, and capital formation. See
                                                                                                                                                                    2015–91, and should be submitted on or
                                                    12 See   supra note 7.                                  15 U.S.C. 78c(f).                                       before November 18, 2015.


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                                                  66072                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                    For the Commission, by the Division of                and to incorporate the functions and                     that provision, CBOE has developed
                                                  Trading and Markets, pursuant to delegated              associated tasks currently performed by                  examinations that are designed to
                                                  authority.16                                            a Registered Options Principal. In                       establish that persons associated with
                                                  Brent J. Fields,                                        addition, CBOE is proposing to make                      CBOE TPHs have attained specified
                                                  Secretary.                                              changes to the format of the content                     levels of competence and knowledge,
                                                  [FR Doc. 2015–27351 Filed 10–27–15; 8:45 am]            outline. CBOE is not proposing any                       consistent with applicable registration
                                                  BILLING CODE 8011–01–P                                  textual changes to the By-Laws,                          requirements under CBOE rules. CBOE
                                                                                                          Schedules to the By-Laws or Rules of                     periodically reviews the content of the
                                                                                                          CBOE. CBOE is proposing these                            examinations to determine whether
                                                  SECURITIES AND EXCHANGE                                 revisions to adopt the revised Series 4                  revisions are necessary or appropriate in
                                                  COMMISSION                                              examination program of the Financial                     view of changes pertaining to the
                                                                                                          Industry Regulatory Authority, Inc.                      subject matter covered by the
                                                  [Release No. 34–76235; File No. SR–CBOE–
                                                  2015–095]                                               (‘‘FINRA’’). FINRA currently                             examinations.
                                                                                                          administers Series 4 examinations on                        CBOE Rule 9.2 states that no TPH
                                                  Self-Regulatory Organizations;                          behalf of CBOE.                                          organization shall be approved to
                                                  Chicago Board Options Exchange,                            The revised content outline is                        transact options business with the
                                                  Incorporated; Notice of Filing and                      attached.6 The Series 4 selection                        public until those persons associated
                                                  Immediate Effectiveness of a Proposed                   specifications were submitted to the                     with it who are designated as Options
                                                  Rule Change Relating to Revisions to                    Commission under separate cover by                       Principals have been approved by and
                                                  the Registered Options Principal                        FINRA. FINRA submitted the Series 4
                                                                                                                                                                   registered with the Exchange. Rule 9.2
                                                  Examination                                             selection specifications in connection
                                                                                                                                                                   states that persons engaged in the
                                                                                                          with a FINRA filing to revise its Series
                                                                                                                                                                   supervision of options sales practices or
                                                  October 22, 2015.                                       4 Examination Program.7 CBOE is in
                                                                                                                                                                   a person to who the designated general
                                                     Pursuant to Section 19(b)(1) of the                  agreement with the selection
                                                                                                                                                                   partner or executive officer or another
                                                  Securities Exchange Act of 1934 (the                    specifications submitted by FINRA.
                                                                                                             The text of the [sic] proposed rule                   Registered Options Principal delegates
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          change is available on the Exchange’s                    the authority to supervise options sales
                                                  notice is hereby given that on October
                                                                                                          Web site (http://www.cboe.com/                           practices shall be designated as Options
                                                  16, 2015, Chicago Board Options
                                                                                                          AboutCBOE/                                               Principals. CBOE Rule 9.2 further
                                                  Exchange, Incorporated (the ‘‘Exchange’’
                                                                                                          CBOELegalRegulatoryHome.aspx), at                        requires successful completion of an
                                                  or ‘‘CBOE’’) filed with the Securities
                                                                                                          the Exchange’s Office of the Secretary,                  examination prescribed by the Exchange
                                                  and Exchange Commission (the
                                                                                                          and at the Commission’s Public                           in order to qualify for registration as an
                                                  ‘‘Commission’’) the proposed rule
                                                                                                          Reference Room.                                          Options Principal. The Series 4
                                                  change as described in Items I, II, and
                                                                                                                                                                   examination, an industry-wide
                                                  III below, which Items have been                        II. Self-Regulatory Organization’s                       examination, has been designed for this
                                                  prepared by the CBOE. CBOE has                          Statement of the Purpose of, and                         purpose, and tests a candidate’s
                                                  designated the proposed rule change as                  Statutory Basis for, the Proposed Rule                   knowledge of options trading generally,
                                                  ‘‘constituting a stated policy, practice,               Change                                                   the industry rules applicable to trading
                                                  or interpretation with respect to the
                                                                                                             In its filing with the Commission, the                of option contracts, and the rules of
                                                  meaning, administration, or
                                                                                                          Exchange included statements                             registered clearing agencies for options.
                                                  enforcement of an existing rule’’ under
                                                                                                          concerning the purpose of and basis for                  The Series 4 examination covers, among
                                                  Section 19(b)(3)(A)(i) of the Act 3 and
                                                                                                          the proposed rule change and discussed                   other things, equity options, foreign
                                                  Rule19b–4(f)(1) thereunder,4 which
                                                                                                          any comments it received on the                          currency options, and index options.
                                                  renders the proposal effective upon
                                                                                                          proposed rule change. The text of these                     In consultation with a committee of
                                                  receipt of this filing by the Commission.
                                                                                                          statements may be examined at the                        industry representatives, including
                                                  The Commission is publishing this
                                                                                                          places specified in Item IV below. The                   representatives from CBOE, FINRA
                                                  notice to solicit comments on the
                                                                                                          Exchange has prepared summaries, set                     recently undertook a review of the
                                                  proposed rule change from interested
                                                                                                          forth in sections A, B, and C below, of                  Series 4 examination program. As a
                                                  persons.
                                                                                                          the most significant aspects of such                     result of this review, FINRA filed
                                                  I. Self-Regulatory Organization’s                       statements.                                              revisions to the content outline to reflect
                                                  Statement of the Terms of Substance of                                                                           changes to the laws, rules and
                                                                                                          A. Self-Regulatory Organization’s
                                                  the Proposed Rule Change                                                                                         regulations covered by the examination
                                                                                                          Statement of the Purpose of, and
                                                     CBOE is filing revisions to the content              Statutory Basis for, the Proposed Rule                   and to incorporate the functions and
                                                  outline and selection specifications for                Change                                                   associated tasks currently performed by
                                                  the Registered Options Principal (Series                                                                         a Registered Options Principal. FINRA
                                                  4) examination program.5 The proposed                   1. Purpose                                               also made changes to the format of the
                                                  revisions update the material to reflect                   Section 6(c)(3) of the Act 8 authorizes               content outline.9 CBOE is filing these
                                                  changes to the laws, rules and                          CBOE to prescribe standards of training,                 changes to adopt FINRA’s revised Series
                                                  regulations covered by the examination                  experience, and competence for persons                   4 examination program.
                                                                                                          associated with CBOE Trading Permit
                                                                                                                                                                   Current Content Outline
                                                    16 17  CFR 200.30–3(a)(12).                           Holders (‘‘TPH’’). In accordance with
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                                                    1 15  U.S.C. 78s(b)(1).                                                                                          The current content outline is divided
                                                    2 17 CFR 240.19b–4.                                     6 The  Commission notes that the revised content       into three sections. The following are
                                                    3 15 U.S.C. 78s(b)(3)(A)(i).                          outline is attached to the filing, not to this Notice.   the three sections and the number of
                                                    4 17 CFR 240.19b–4(f)(1).                             The content outline is available as part of the filing
                                                    5 CBOE is also proposing corresponding revisions      on CBOE’s Web site.                                      questions associated with each of the
                                                                                                             7 See Securities Exchange Act Release No. 75246
                                                  to the Series 4 question bank. CBOE is submitting
                                                  this filing for immediate effectiveness pursuant to     (June 18, 2015), 80 FR 36388 (June 24, 2015) (SR–           9 See Securities Exchange Act Release No. 75246

                                                  Section 19(b)(3)(A) of the act and Rule 19b–4(f)(1)     FINRA–2015–018).                                         (June 18, 2015), 80 FR 36388 (June 24, 2015) (SR–
                                                  thereunder.                                                8 15 U.S.C. 78f(c)(3).                                FINRA–2015–018).



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Document Created: 2018-02-27 08:57:57
Document Modified: 2018-02-27 08:57:57
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 66069 

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