80_FR_66291 80 FR 66083 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Extend the Limit Up-Limit Down Obvious Error Pilot

80 FR 66083 - Self-Regulatory Organizations; ISE Gemini, 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 Range66083-66085
FR Document2015-27348

Federal Register, Volume 80 Issue 208 (Wednesday, October 28, 2015)
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66083-66085]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27348]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76228; File No. SR-ISEGemini-2015-22]


Self-Regulatory Organizations; ISE Gemini, 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, ISE Gemini, LLC (the ``Exchange'' or ``ISE 
Gemini'') 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

    ISE Gemini 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 July 26, 2013,\3\ the Commission approved the Exchange's Form 1 
application for registration as a national securities exchange. The 
Form 1 application included a rule 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 application 
established a 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

[[Page 66084]]

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\ The Securities and Exchange Commission granted the 
Exchange's application for registration as a national securities 
exchange on July 26, 2013. See Securities Exchange Act Release No. 
Release No. 70050 (July 26, 2013), 78 FR 46622 (Aug. 1, 2013).
    \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. 74311 (February 19, 
2015), 80 FR 10175 (February 25, 2015) (SR-ISE Gemini-2015-05).
    \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 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. 74897 (May 7, 2015), 80 
FR 27415 (May 13, 2015) (SR-ISE Gemini-2015-11).
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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

[[Page 66085]]

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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    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-ISEGemini-2015-22 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-ISEGemini-2015-22. 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-ISEGemini-2015-22, and 
should be submitted on or before November 18, 2015.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Brent J. Fields,
Secretary.
[FR Doc. 2015-27348 Filed 10-27-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                                      66083

                                                  exceeds the limit of section                            Fund acquires securities of another                    statements concerning the purpose of,
                                                  12(d)(1)(A)(i) of the Act, setting forth                investment company pursuant to                         and basis for, the proposed rule change
                                                  from whom the securities were                           exemptive relief from the Commission                   and discussed any comments it received
                                                  acquired, the identity of the                           permitting the Underlying Fund to                      on the proposed rule change. The text
                                                  underwriting syndicate’s members, the                   acquire securities of one or more                      of these statements may be examined at
                                                  terms of the purchase, and the                          investment companies for short term                    the places specified in Item IV below.
                                                  information or materials upon which                     cash management purposes.                              The self-regulatory organization has
                                                  the determinations of the Board of the                    For the Commission, by the Division of               prepared summaries, set forth in
                                                  Underlying Fund were made.                              Investment Management, under delegated                 sections A, B and C below, of the most
                                                     9. Before investing in an Underlying                 authority.                                             significant aspects of such statements.
                                                  Fund in excess of the limit in section                  Brent J. Fields,
                                                  12(d)(1)(A), a Fund of Funds and the                                                                           A. Self-Regulatory Organization’s
                                                                                                          Secretary.                                             Statement of the Purpose of, and
                                                  Trust will execute a FOF Participation                  [FR Doc. 2015–27372 Filed 10–27–15; 8:45 am]
                                                  Agreement stating without limitation                                                                           Statutory Basis for, the Proposed Rule
                                                  that their respective boards of directors
                                                                                                          BILLING CODE 8011–01–P                                 Change
                                                  or trustees and their investment                                                                               1. Purpose
                                                  advisers, or trustee and Sponsor, as                    SECURITIES AND EXCHANGE
                                                  applicable, understand the terms and                                                                              On July 26, 2013,3 the Commission
                                                                                                          COMMISSION                                             approved the Exchange’s Form 1
                                                  conditions of the order, and agree to
                                                  fulfill their responsibilities under the                [Release No. 34–76228; File No. SR–                    application for registration as a national
                                                  order. At the time of its investment in                 ISEGemini–2015–22]                                     securities exchange. The Form 1
                                                  Underlying Fund Shares in excess of the                                                                        application included a rule designed to
                                                                                                          Self-Regulatory Organizations; ISE                     address certain issues related to the Plan
                                                  limit in section 12(d)(1)(A)(i), a Fund of
                                                                                                          Gemini, LLC; Notice of Filing and                      to Address Extraordinary Market
                                                  Funds will notify the Underlying Fund
                                                                                                          Immediate Effectiveness of Proposed                    Volatility Pursuant to Rule 608 of
                                                  of the investment. At such time, the
                                                                                                          Rule Change to Extend the Limit Up-                    Regulation NMS under the Act (the
                                                  Fund of Funds will also transmit to the
                                                                                                          Limit Down Obvious Error Pilot                         ‘‘Limit Up-Limit Down Plan’’ or the
                                                  Underlying Fund a list of the names of
                                                  each Fund of Funds Affiliate and                        October 22, 2015.                                      ‘‘Plan’’).4 The rules adopted in that
                                                  Underwriting Affiliate. The Fund of                        Pursuant to Section 19(b)(1) of the                 application established a pilot program
                                                  Funds will notify the Underlying Fund                   Securities Exchange Act of 1934 (the                   to exclude transactions executed during
                                                  of any changes to the list of the names                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 a Limit State 5 or Straddle State 6 from
                                                  as soon as reasonably practicable after a               notice is hereby given that on October                 the obvious error provisions of Rule
                                                  change occurs. The Underlying Fund                      20, 2015, ISE Gemini, LLC (the                         720. On February 19, 2015, the
                                                  and the Fund of Funds will maintain                     ‘‘Exchange’’ or ‘‘ISE Gemini’’) filed with             Exchange filed to extend this pilot
                                                  and preserve a copy of the order, the                   the Securities and Exchange                            program to its current end date of
                                                  FOF Participation Agreement, and the                    Commission the proposed rule change,                   October 23, 2015.7 The purpose of this
                                                  list with any updated information for                   as described in Items I and II below,                  filing is to extend the effectiveness of
                                                  the duration of the investment and for                  which items have been prepared by the                  the pilot program to coincide with the
                                                  a period of not less than six years                     self-regulatory organization. The                      proposed extension of the Limit Up-
                                                  thereafter, the first two years in an                   Commission is publishing this notice to                Limit Down Plan, including any
                                                  easily accessible place.                                solicit comments on the proposed rule                  extensions to the pilot period for the
                                                     10. Before approving any advisory                    change from interested persons.                        Plan.8 The Exchange notes that nothing
                                                  contract under section 15 of the Act, the                                                                      in .01 of Supplementary Material to
                                                  board of directors or trustees of each                  I. Self-Regulatory Organization’s                      Rule 720 prevents such execution from
                                                  Investing Management Company                            Statement of the Terms of the Substance
                                                  including a majority of the disinterested               of the Proposed Rule Change                               3 The Securities and Exchange Commission

                                                  directors or trustees, will find that the                                                                      granted the Exchange’s application for registration
                                                                                                             ISE Gemini proposes to extend a pilot               as a national securities exchange on July 26, 2013.
                                                  advisory fees charged under such                        program under .01 of Supplementary                     See Securities Exchange Act Release No. Release
                                                  contract are based on services provided                 Material to Rule 720 regarding obvious                 No. 70050 (July 26, 2013), 78 FR 46622 (Aug. 1,
                                                  that will be in addition to, rather than                errors during Limit and Straddle States                2013).
                                                                                                                                                                    4 See Securities Exchange Act Release No. 67091
                                                  duplicative of, the services provided                   in securities that underlie options                    (May 31, 2012), 77 FR 33498 (June 6, 2012) (the
                                                  under the advisory contract(s) of any                   traded on the Exchange and proposes to                 ‘‘Limit Up-Limit Down Release’’).
                                                  Underlying Fund in which the Investing                  further harmonize a related provision in                  5 The term ‘‘Limit State’’ means the condition
                                                  Management Company may invest.                          its rulebook. The text of the proposed                 when the national best bid or national best offer for
                                                  These findings and their basis will be                  rule change is available on the                        an underlying security equals an applicable price
                                                  fully recorded in the minute books of                                                                          band, as determined by the primary listing
                                                                                                          Exchange’s Web site (http://                           exchange for the underlying security. See Rule
                                                  the appropriate Investing Management                    www.ise.com), at the principal office of               703A.
                                                  Company.                                                the Exchange, and at the Commission’s                     6 The term ‘‘Straddle State’’ means the condition
                                                     11. Any sales charges and/or service                 Public Reference Room.                                 when the national best bid or national best offer for
                                                  fees charged with respect to shares of a                                                                       an underlying security is non-executable, as
                                                  Fund of Funds will not exceed the                       II. Self-Regulatory Organization’s                     determined by the primary listing exchange for the
                                                                                                          Statement of the Purpose of, and                       underlying security, but the security is not in a
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  limits applicable to a fund of funds as                                                                        Limit State. See Rule 703A.
                                                  set forth in NASD Conduct Rule 2830.                    Statutory Basis for, the Proposed Rule                    7 Securities Exchange Act Release No. 74311
                                                     12. No Underlying Fund will acquire                  Change                                                 (February 19, 2015), 80 FR 10175 (February 25,
                                                  securities of an investment company or                     In its filing with the Commission, the              2015) (SR–ISE Gemini–2015–05).
                                                                                                                                                                    8 Currently, the pilot period for the Plan is
                                                  company relying on section 3(c)(1) or                   self-regulatory organization included                  proposed to be extended to April 22, 2016. See
                                                  3(c)(7) of the Act in excess of the limits                                                                     Exchange Act Release No. 75917 (September 14,
                                                  contained in section 12(d)(1)(A) of the                   1 15   U.S.C. 78s(b)(1).                             2015), 80 FR 56515 (September 18, 2015) (Ninth
                                                  Act, except to the extent the Underlying                  2 17   CFR 240.19b–4.                                Amendment to the Limit-Up Limit-Down Plan).



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                                                  66084                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  being reviewed on an Official’s 9 own                   to the pilot expiration, including any                application of the current rule will be
                                                  motion pursuant to sub-paragraph (c)(3)                 extension, assessments relating to the                impracticable given the lack of a reliable
                                                  of this Rule, or a bust or adjust pursuant              impact of the operation of the obvious                national best bid or offer in the options
                                                  to paragraphs (e) through (j) of this Rule.             error rules during Limit and Straddle                 market during Limit and Straddle
                                                     The Exchange believes the benefits to                States including: (1) An evaluation of                States, and that the resulting actions
                                                  market participants from this provision                 the statistical and economic impact of                (i.e., nullified trades or adjusted prices)
                                                  should continue on a pilot basis. The                   Limit and Straddle States on liquidity                may not be appropriate given market
                                                  Exchange continues to believe that                      and market quality in the options                     conditions. Extending this pilot to
                                                  adding certainty to the execution of                    markets, and (2) an assessment of                     coincide with the Limit Up-Limit Down
                                                  orders in Limit or Straddle States will                 whether the lack of obvious error rules               Plan would ensure that limit orders that
                                                  encourage market participants to                        in effect during the Straddle and Limit               are filled during a Limit or Straddle
                                                  continue to provide liquidity to the                    States are problematic. This means that,              State would have certainty of execution
                                                  Exchange, and, thus, promote a fair and                 if the Plan extension is approved, the                in a manner that promotes just and
                                                  orderly market during these periods.                    next data assessment will be due no                   equitable principles of trade, removes
                                                  Barring this provision, the obvious error               later than December 18, 2015.                         impediments to, and perfects the
                                                  provisions of Rule 720 would likely                        Finally, the Exchange proposes to                  mechanism of a free and open market
                                                  apply in many instances during Limit                    delete section (d) of Rule 703A to                    and a national market system. Thus, the
                                                  and Straddle States. The Exchange                       harmonize its rulebook. Earlier this                  Exchange believes that the protections
                                                  believes that continuing the pilot will                 year, the options exchanges harmonized                of the pilot should continue while the
                                                  protect against any unanticipated                       their rules relating to the adjustment                industry gains further experience
                                                  consequences in the options markets                     and nullification of erroneous options                operating the Plan. Finally, the
                                                  during a Limit or Straddle State. Thus,                 transactions as well as a specific                    Exchange proposes to delete section (d)
                                                  the Exchange believes that the                          provision related to coordination in                  of Rule 703A to harmonize its rulebook
                                                  protections of current rule should                      connection with large-scale events                    to prevent investor confusion.
                                                  continue while the industry gains                       involving erroneous options
                                                                                                          transactions.10 The Exchange                          B. Self-Regulatory Organization’s
                                                  further experience operating the Plan.                                                                        Statement on Burden on Competition
                                                     In connection with this proposed                     inadvertently did not remove section (d)
                                                  extension, each month the Exchange                      to Rule 703A from its rulebook in this                  The Exchange does not believe that
                                                  shall provide to the Commission, and                    filing. This section (d) duplicates .01 of            the proposed rule change will impose
                                                  the public, a dataset containing the data               Supplementary Material to Rule 720,                   any burden on competition that is not
                                                  for each Straddle and Limit State in                    and as such, the Exchange proposes to                 necessary or appropriate in furtherance
                                                  optionable stocks that had at least one                 delete it.                                            of the purposes of the Act. Specifically,
                                                  trade on the Exchange. For each trade                                                                         the Exchange believes that, by extending
                                                                                                          2. Statutory Basis
                                                  on the Exchange, the Exchange will                                                                            the expiration of the pilot, the proposed
                                                                                                             The Exchange believes that its                     rule change will allow for further
                                                  provide (a) the stock symbol, option
                                                                                                          proposal is consistent with the                       analysis of the pilot and a determination
                                                  symbol, time at the start of the Straddle
                                                                                                          requirements of the Act and the rules                 of how the pilot shall be structured in
                                                  or Limit State, an indicator for whether
                                                                                                          and regulations thereunder that are                   the future. In doing so, the proposed
                                                  it is a Straddle or Limit State, and (b)
                                                                                                          applicable to a national securities                   rule change will also serve to promote
                                                  for the trades on the Exchange, the
                                                                                                          exchange, and, in particular, with the                regulatory clarity and consistency,
                                                  executed volume, time-weighted quoted
                                                                                                          requirements of Section 6(b) of the                   thereby reducing burdens on the
                                                  bid-ask spread, time-weighted average
                                                                                                          Act.11 In particular, the proposal is                 marketplace and facilitating investor
                                                  quoted depth at the bid, time-weighted                  consistent with Section 6(b)(5) of the
                                                  average quoted depth at the offer, high                                                                       protection.
                                                                                                          Act,12 because it is designed to promote
                                                  execution price, low execution price,                   just and equitable principles of trade,               C. Self-Regulatory Organization’s
                                                  number of trades for which a request for                remove impediments to and perfect the                 Statement on Comments on the
                                                  review for error was received during                    mechanisms of a free and open market                  Proposed Rule Change Received From
                                                  Straddle and Limit States, an indicator                 and a national market system and, in                  Members, Participants, or Others
                                                  variable for whether those options                      general, to protect investors and the                   The Exchange has not solicited, and
                                                  outlined above have a price change                      public interest. Additionally, the                    does not intend to solicit, comments on
                                                  exceeding 30% during the underlying                     Exchange believes the proposed rule                   this proposed rule change. The
                                                  stock’s Limit or Straddle State compared                change is consistent with the Section                 Exchange has not received any
                                                  to the last available option price as                   6(b)(5) 13 requirement that the rules of              unsolicited written comments from
                                                  reported by OPRA before the start of the                an exchange not be designed to permit                 members or other interested parties.
                                                  Limit or Straddle State (1 if observe                   unfair discrimination between
                                                  30% and 0 otherwise), and another                       customers, issuers, brokers, or dealers.              III. Date of Effectiveness of the
                                                  indicator variable for whether the                         In particular, the Exchange further                Proposed Rule Change and Timing for
                                                  option price within five minutes of the                 believes that it is necessary and                     Commission Action
                                                  underlying stock leaving the Limit or                   appropriate in the interest of promoting                 Because the proposed rule change
                                                  Straddle State (or halt if applicable) is               fair and orderly markets to exclude                   does not (i) significantly affect the
                                                  30% away from the price before the start                transactions executed during a Limit or               protection of investors or the public
                                                  of the Limit or Straddle State.                         Straddle State from certain aspects of
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                interest; (ii) impose any significant
                                                     In addition, the Exchange will                       Rule 720. The Exchange believes the                   burden on competition; and (iii) become
                                                  provide to the Commission, and the                                                                            operative for 30 days from the date on
                                                  public, no later than five months prior                   10 Securities Exchange Act Release No. 74897
                                                                                                                                                                which it was filed, or such shorter time
                                                                                                          (May 7, 2015), 80 FR 27415 (May 13, 2015) (SR–
                                                    9 For purposes of Rule 720, an Official is an         ISE Gemini–2015–11).
                                                                                                                                                                as the Commission may designate if
                                                  Officer of the Exchange or such other employee            11 15 U.S.C. 78f(b).                                consistent with the protection of
                                                  designee of the Exchange that is trained in the           12 15 U.S.C. 78f(b)(5).                             investors and the public interest, the
                                                  application of this Rule.                                 13 Id.                                              proposed rule change has become


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                                                                             Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                                  66085

                                                  effective pursuant to Section 19(b)(3)(A)               All submissions should refer to File                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  of the Act 14 and Rule 19b–4(f)(6)(iii)                 Number SR–ISEGemini–2015–22. This                     notice is hereby given that, on October
                                                  thereunder.15                                           file number should be included on the                 8, 2015, NYSE Arca, Inc. (the
                                                     The Exchange has asked the                           subject line if email is used. To help the            ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                  Commission to waive the 30-day                          Commission process and review your                    the Securities and Exchange
                                                  operative delay so that the proposal may                comments more efficiently, please use                 Commission (the ‘‘Commission’’) the
                                                  become operative immediately upon                       only one method. The Commission will                  proposed rule change as described in
                                                  filing. The Commission believes that                    post all comments on the Commission’s                 Items I and II below, which Items have
                                                  waiving the 30-day operative delay is                   Internet Web site (http://www.sec.gov/                been prepared by the self-regulatory
                                                  consistent with the protection of                       rules/sro.shtml). Copies of the                       organization. The Commission is
                                                  investors and the public interest, as it                submission, all subsequent                            publishing this notice to solicit
                                                  will allow the obvious error pilot                      amendments, all written statements                    comments on the proposed rule change
                                                  program to continue uninterrupted                       with respect to the proposed rule                     from interested persons.
                                                  while the industry gains further                        change that are filed with the
                                                  experience operating under the Plan,                                                                          I. Self-Regulatory Organization’s
                                                                                                          Commission, and all written                           Statement of the Terms of Substance of
                                                  and avoid any investor confusion that                   communications relating to the
                                                  could result from a temporary                                                                                 the Proposed Rule Change
                                                                                                          proposed rule change between the
                                                  interruption in the pilot program. For                  Commission and any person, other than                    The Exchange proposes to change a
                                                  this reason, the Commission designates                  those that may be withheld from the                   representation regarding the
                                                  the proposed rule change to be operative                public in accordance with the                         AdvisorShares WCM/BNY Mellon
                                                  upon filing.16                                          provisions of 5 U.S.C. 552, will be                   Focused Growth ADR ETF’s holdings.
                                                     At any time within 60 days of the                    available for Web site viewing and                    Shares of the WCM/BNY Mellon
                                                  filing of the proposed rule change, the                 printing in the Commission’s Public                   Focused Growth ADR ETF have been
                                                  Commission summarily may                                Reference Room, 100 F Street NE.,                     approved for listing and trading on the
                                                  temporarily suspend such rule change if                 Washington, DC 20549 on official                      Exchange under NYSE Arca Equities
                                                  it appears to the Commission that such                  business days between the hours of                    Rule 8.600. The text of the proposed
                                                  action is necessary or appropriate in the               10:00 a.m. and 3:00 p.m. Copies of such               rule change is available on the
                                                  public interest, for the protection of                  filing also will be available for                     Exchange’s Web site at www.nyse.com,
                                                  investors, or otherwise in furtherance of               inspection and copying at the principal               at the principal office of the Exchange,
                                                  the purposes of the Act. If the                                                                               and at the Commission’s Public
                                                                                                          office of the Exchange. All comments
                                                  Commission takes such action, the                                                                             Reference Room.
                                                                                                          received will be posted without change;
                                                  Commission shall institute proceedings                  the Commission does not edit personal                 II. Self-Regulatory Organization’s
                                                  to determine whether the proposed rule
                                                                                                          identifying information from                          Statement of the Purpose of, and
                                                  should be approved or disapproved.
                                                                                                          submissions. You should submit only                   Statutory Basis for, the Proposed Rule
                                                  IV. Solicitation of Comments                            information that you wish to make                     Change
                                                    Interested persons are invited to                     available publicly. All submissions                      In its filing with the Commission, the
                                                  submit written data, views, and                         should refer to File Number SR–                       self-regulatory organization included
                                                  arguments concerning the foregoing,                     ISEGemini–2015–22, and should be                      statements concerning the purpose of,
                                                  including whether the proposed rule                     submitted on or before November 18,                   and basis for, the proposed rule change
                                                  change is consistent with the Act.                      2015.                                                 and discussed any comments it received
                                                  Comments may be submitted by any of                       For the Commission, by the Division of              on the proposed rule change. The text
                                                  the following methods:                                  Trading and Markets, pursuant to delegated            of those statements may be examined at
                                                                                                          authority.17                                          the places specified in Item IV below.
                                                  Electronic Comments
                                                                                                          Brent J. Fields,                                      The Exchange has prepared summaries,
                                                    • Use the Commission’s Internet                       Secretary.                                            set forth in sections A, B, and C below,
                                                  comment form (http://www.sec.gov/                       [FR Doc. 2015–27348 Filed 10–27–15; 8:45 am]          of the most significant parts of such
                                                  rules/sro.shtml); or                                                                                          statements.
                                                    • Send an email to rule-comments@
                                                                                                          BILLING CODE 8011–01–P

                                                  sec.gov. Please include File Number SR–                                                                       A. Self-Regulatory Organization’s
                                                  ISEGemini–2015–22 on the subject line.                                                                        Statement of the Purpose of, and the
                                                                                                          SECURITIES AND EXCHANGE                               Statutory Basis for, the Proposed Rule
                                                  Paper Comments                                          COMMISSION                                            Change
                                                  • Send paper comments in triplicate to                                                                        1. Purpose
                                                  Secretary, Securities and Exchange                      [Release No. 34–76224; File No. SR–
                                                  Commission, 100 F Street NE.,                           NYSEArca–2015–94]                                        The Commission has approved a
                                                  Washington, DC 20549–1090.                                                                                    proposed rule change relating to listing
                                                                                                          Self-Regulatory Organizations; NYSE                   and trading on the Exchange of shares
                                                    14 15  U.S.C. 78s(b)(3)(A).
                                                                                                          Arca, Inc.; Notice of Filing and                      (‘‘Shares’’) of the AdvisorShares WCM/
                                                    15 17  CFR 240.19b–4(f)(6)(iii). As required under    Immediate Effectiveness of Proposed                   BNY Mellon Focused Growth ADR ETF
                                                  Rule 19b–4(f)(6)(iii), the Exchange provided the        Rule Change Regarding the                             (the ‘‘Fund’’) under NYSE Arca Equities
                                                  Commission with written notice of its intent to file    AdvisorShares WCM/BNY Mellon
                                                  the proposed rule change, along with a brief
                                                                                                                                                                Rule 8.600,4 which governs the listing
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  description and the text of the proposed rule
                                                                                                          Focused Growth ADR ETF’s Holdings
                                                                                                                                                                  2 15  U.S.C. 78a.
                                                  change, at least five business days prior to the date
                                                                                                          October 22, 2015.                                       3 17
                                                  of filing of the proposed rule change, or such                                                                        CFR 240.19b–4.
                                                  shorter time as designated by the Commission.             Pursuant to Section 19(b)(1) 1 of the                  4 See Securities Exchange Act Release No. 62502
                                                     16 For purposes only of waiving the 30-day                                                                 (July 15, 2010), 75 FR 42471 (July 21, 2010) (SR–
                                                                                                          Securities Exchange Act of 1934 (the
                                                  operative delay, the Commission has also                                                                      NYSEArca–2010–57) (the ‘‘Prior Order’’). The
                                                  considered the proposed rule’s impact on                                                                      notice with respect to the Prior Order was
                                                                                                            17 17   CFR 200.30–3(a)(12).
                                                  efficiency, competition, and capital formation. See                                                           published in Securities Exchange Act Release No.
                                                  15 U.S.C. 78c(f).                                         1 15   U.S.C. 78s(b)(1).                                                                      Continued




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Document Created: 2018-02-27 08:58:00
Document Modified: 2018-02-27 08:58:00
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 66083 

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