80_FR_66300 80 FR 66092 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding the Obvious Error Pilot Program

80 FR 66092 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding the Obvious Error Pilot Program

SECURITIES AND EXCHANGE COMMISSION

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

Page Range66092-66094
FR Document2015-27346

Federal Register, Volume 80 Issue 208 (Wednesday, October 28, 2015)
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66092-66094]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27346]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76226; File No. SR-NASDAQ-2015-125]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Regarding the Obvious Error Pilot Program

October 22, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''), \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on October 20, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by the Exchange. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

The Exchange is filing a proposal by The NASDAQ Options Market LLC 
(``NOM'') to amend Chapter V, Regulation of Trading on NOM, to extend 
the pilot program under Section 3(d)(iv), which provides for how the 
Exchange treats obvious and catastrophic options errors in response 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'').\3\ The Exchange proposes to extend the pilot period 
to coincide with the pilot period for the Limit Up-Limit Down Plan, 
including any extensions to the pilot period for the Plan.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 69341 (April 8, 2013), 
78 FR 21996 (April 12, 2013) (SR-NASDAQ-2013-048).
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaq.cchwallstreet.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 aspects of such 
statements.

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

1. Purpose
    In April 2013, the Commission approved a proposal, on a one year 
pilot basis, to adopt Chapter V, Section 3(d)(iv) to provide for how 
the Exchange will treat obvious and catastrophic options errors in 
response to the Plan, which is applicable to all NMS stocks, as defined 
in Regulation NMS Rule 600(b)(47).\4\ The Plan is designed to prevent 
trades in individual NMS stocks from occurring outside of specified 
Price Bands.\5\ The requirements of the Plan are coupled with Trading 
Pauses to accommodate more fundamental price moves (as opposed to 
erroneous trades or momentary gaps in liquidity).
---------------------------------------------------------------------------

    \4\ The Plan was extended until February 20, 2015. The Plan was 
initially approved for a one-year pilot period, which began on April 
8, 2013. Securities Exchange Act Release No. 71649 (March 5, 2014), 
79 FR 13696 (March 11, 2014).
    \5\ Unless otherwise specified, capitalized terms used in this 
rule filing are based on the defined terms of the Plan.
---------------------------------------------------------------------------

    The Exchange extended the operation of Chapter V, Section 3(d)(iv), 
which provides that trades are not subject to an obvious error or 
catastrophic error review pursuant to Chapter V, Sections 6(c) or 6(d) 
during a Limit State or Straddle State in 2014,\6\ and again in 
2015.\7\ The current pilot period expires October 23, 2015. Currently, 
the pilot period for the Plan is proposed to be extended until April 
22, 2016.\8\ The Exchange now proposes to extend the pilot program for 
an additional pilot period 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 believes conducting an obvious error or 
catastrophic error review is impracticable given the lack of a reliable 
National Best Bid/Offer (``NBBO'') 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. Under the pilot, limit orders that are filled during 
a Limit State or Straddle State have certainty of execution in a manner 
that promotes just and equitable principles of trade, and removes 
impediments to, and perfects the mechanism of a free and open market 
and a national market system. Moreover, given that options prices 
during brief Limit States or Straddle States may deviate substantially 
from those available shortly following the Limit State or Straddle 
State, the Exchange believes giving market participants time to re-
evaluate a transaction would create an unreasonable adverse selection 
opportunity that would discourage participants from providing liquidity 
during Limit States or Straddle States. On balance, the Exchange 
believes that removing the potential inequity of nullifying or 
adjusting executions occurring during Limit States or Straddle States 
outweighs any potential benefits from applying those provisions during 
such unusual market conditions.
---------------------------------------------------------------------------

    \6\ Securities Exchange Act Release No. 71902 (April 8, 2014), 
79 FR 20946 (April 14, 2014) (SR-NASDAQ-2014-033).
    \7\ Securities Exchange Act Release No. 74336 (February 20, 
2015), 80 FR 10551 (February 26, 2015) (SR-NASDAQ-2015-016).
    \8\ Securities Exchange Act Release No. 75917 (September 14, 
2015), 80 FR 56515 (September 18, 2015).
---------------------------------------------------------------------------

    The Exchange believes the benefits to market participants from the 
pilot program should continue on a pilot basis to coincide with the 
operation of the Limit Up-Limit Down Plan. The Exchange believes that 
continuing the pilot will protect against any unanticipated 
consequences and permit

[[Page 66093]]

the industry to gain further experience operating the Plan.
    The Exchange will conduct an analysis concerning the elimination of 
obvious and catastrophic error provisions during Limit States 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: (1) Evaluate the options market quality 
during Limit States and Straddle States; (2) assess the character of 
incoming order flow and transactions during Limit States and Straddle 
States; and (3) review any complaints from members and their customers 
concerning executions during Limit States and Straddle States. 
Additionally, the Exchange agrees to provide to the Commission data 
requested to evaluate the impact of the elimination of the obvious and 
catastrophic error provisions, including data relevant to assessing the 
various analyses noted above. No later than five months prior to the 
expiration of the pilot period, including any extensions to the pilot 
period for the Plan,\9\ 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: 
\10\
---------------------------------------------------------------------------

    \9\ If the Plan extension is approved, the next data assessment 
will be due no later than December 18, 2015.
    \10\ The Exchange submitted a data assessment on September 30, 
2014 and May 29, 2015.
---------------------------------------------------------------------------

    1. Evaluate the statistical and economic impact of Limit and 
Straddle States on liquidity and market quality in the options markets.
    2. Assess whether the lack of obvious error rules in effect during 
the Straddle and Limit States are problematic.
    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 during 
a Straddle or Limit State. For each of those options affected, each 
data record should 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.\11\

---------------------------------------------------------------------------

    \11\ The Exchange agreed to provide similar data in the original 
proposal. See Securities Exchange Act Release No. 69341 (April 8, 
2013), 78 FR 21996 (April 12, 2013) (SR-NASDAQ-2013-048) at notes 4 
and 11. However, that data included two additional filters 
pertaining to the top 10 options and an in-the-money amount, which 
no longer apply. The Exchange provided historical data in the new 
form pursuant to this proposed rule change, going back to the 
beginning of the original pilot period.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the provisions of Section 6 of the Act,\12\ in general, and with 
Section 6(b)(5) of the Act,\13\ in particular, which requires that the 
rules of an exchange be designed to promote just and equitable 
principles of trade, remove impediments to and perfect the mechanism of 
a free and open market and a national market system, and protect 
investors and the public interest, because it should continue to 
provide certainty about how errors involving options orders and trades 
will be handled during periods of extraordinary volatility in the 
underlying security. The Exchange believes that it continues to be 
necessary and appropriate in the interest of promoting fair and orderly 
markets to exclude transactions executed during a Limit State or 
Straddle State from certain aspects of Chapter V, Section 6.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Although the Limit Up-Limit Down Plan is operational, the Exchange 
believes that maintaining the pilot to coincide with the pilot period 
for the Plan will help the industry gain further experience operating 
the Plan as well as the pilot provisions.
    Based on the foregoing, the Exchange believes the benefits to 
market participants should continue on a pilot basis to coincide with 
the operation of the Limit Up-Limit Down Plan.

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act, as amended. 
Specifically, the proposal does not impose an intra-market burden on 
competition, because it will apply to all members. Nor will the 
proposal impose a burden on competition among the options exchanges, 
because, in addition to the vigorous competition for order flow among 
the options exchanges, the proposal addresses a regulatory situation 
common to all options exchanges. To the extent that market participants 
disagree with the particular approach taken by the Exchange herein, 
market participants can easily and readily direct order flow to 
competing venues. The Exchange believes this proposal will not impose a 
burden on competition and will help provide certainty during periods of 
extraordinary volatility in an NMS stock.

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

    No written comments were either solicited or received.

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6)(iii) thereunder.\15\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 66094]]

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\
---------------------------------------------------------------------------

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

    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-NASDAQ-2015-125 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2015-125. 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-NASDAQ-2015-125, and should 
be submitted on or before November 18, 2015.
---------------------------------------------------------------------------

    \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. 2015-27346 Filed 10-27-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  66092                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  provisions of 5 U.S.C. 552, will be                        how the Exchange treats obvious and                   The Exchange extended the operation
                                                  available for Web site viewing and                         catastrophic options errors in                      of Chapter V, Section 3(d)(iv), which
                                                  printing in the Commission’s Public                        response to the Plan to Address                     provides that trades are not subject to an
                                                  Reference Room, 100 F Street NE.,                          Extraordinary Market Volatility                     obvious error or catastrophic error
                                                  Washington, DC 20549 on official                           Pursuant to Rule 608 of Regulation                  review pursuant to Chapter V, Sections
                                                  business days between the hours of                         NMS under the Act (the ‘‘Limit Up-                  6(c) or 6(d) during a Limit State or
                                                  10:00 a.m. and 3:00 p.m. Copies of such                    Limit Down Plan’’ or the ‘‘Plan’’).3                Straddle State in 2014,6 and again in
                                                  filing also will be available for                          The Exchange proposes to extend the                 2015.7 The current pilot period expires
                                                  inspection and copying at the principal                    pilot period to coincide with the pilot             October 23, 2015. Currently, the pilot
                                                  office of the Exchange. All comments                       period for the Limit Up-Limit Down                  period for the Plan is proposed to be
                                                  received will be posted without change;                    Plan, including any extensions to the               extended until April 22, 2016.8 The
                                                  the Commission does not edit personal                      pilot period for the Plan.                          Exchange now proposes to extend the
                                                  identifying information from                               The text of the proposed rule change                pilot program for an additional pilot
                                                  submissions. You should submit only                     is available on the Exchange’s Web site                period to coincide with the pilot period
                                                  information that you wish to make                       at http://nasdaq.cchwallstreet.com, at                 for the Limit Up-Limit Down Plan,
                                                  available publicly. All submissions                     the principal office of the Exchange, and              including any extensions to the pilot
                                                  should refer to File Number SR–C2–                      at the Commission’s Public Reference                   period for the Plan. The Exchange
                                                  2015–029, and should be submitted on                    Room.                                                  believes conducting an obvious error or
                                                  or before November 18, 2015.                                                                                   catastrophic error review is
                                                    For the Commission, by the Division of
                                                                                                          II. Self-Regulatory Organization’s                     impracticable given the lack of a reliable
                                                  Trading and Markets, pursuant to delegated              Statement of the Purpose of, and                       National Best Bid/Offer (‘‘NBBO’’) in the
                                                  authority.15                                            Statutory Basis for, the Proposed Rule                 options market during Limit States and
                                                  Brent J. Fields,                                        Change                                                 Straddle States, and that the resulting
                                                  Secretary.                                                                                                     actions (i.e., nullified trades or adjusted
                                                                                                            In its filing with the Commission, the
                                                  [FR Doc. 2015–27342 Filed 10–27–15; 8:45 am]
                                                                                                                                                                 prices) may not be appropriate given
                                                                                                          Exchange included statements
                                                                                                                                                                 market conditions. Under the pilot,
                                                  BILLING CODE 8011–01–P                                  concerning the purpose of and basis for                limit orders that are filled during a
                                                                                                          the proposed rule change and discussed                 Limit State or Straddle State have
                                                                                                          any comments it received on the                        certainty of execution in a manner that
                                                  SECURITIES AND EXCHANGE                                 proposed rule change. The text of these
                                                  COMMISSION                                                                                                     promotes just and equitable principles
                                                                                                          statements may be examined at the                      of trade, and removes impediments to,
                                                  [Release No. 34–76226; File No. SR–                     places specified in Item IV below. The                 and perfects the mechanism of a free
                                                  NASDAQ–2015–125]                                        Exchange has prepared summaries, set                   and open market and a national market
                                                                                                          forth in sections A, B, and C below, of                system. Moreover, given that options
                                                  Self-Regulatory Organizations; The                      the most significant aspects of such
                                                  NASDAQ Stock Market LLC; Notice of                                                                             prices during brief Limit States or
                                                                                                          statements.                                            Straddle States may deviate
                                                  Filing and Immediate Effectiveness of
                                                  Proposed Rule Change Regarding the                      A. Self-Regulatory Organization’s                      substantially from those available
                                                  Obvious Error Pilot Program                             Statement of the Purpose of, and                       shortly following the Limit State or
                                                                                                          Statutory Basis for, the Proposed Rule                 Straddle State, the Exchange believes
                                                  October 22, 2015.                                       Change                                                 giving market participants time to re-
                                                     Pursuant to Section 19(b)(1) of the                                                                         evaluate a transaction would create an
                                                  Securities Exchange Act of 1934                         1. Purpose                                             unreasonable adverse selection
                                                  (‘‘Act’’), 1 and Rule 19b–4 thereunder,2                   In April 2013, the Commission                       opportunity that would discourage
                                                  notice is hereby given that, on October                 approved a proposal, on a one year pilot               participants from providing liquidity
                                                  20, 2015, The NASDAQ Stock Market                       basis, to adopt Chapter V, Section                     during Limit States or Straddle States.
                                                  LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed                  3(d)(iv) to provide for how the Exchange               On balance, the Exchange believes that
                                                  with the Securities and Exchange                        will treat obvious and catastrophic                    removing the potential inequity of
                                                  Commission (‘‘SEC’’ or ‘‘Commission’’)                  options errors in response to the Plan,                nullifying or adjusting executions
                                                  the proposed rule change as described                   which is applicable to all NMS stocks,                 occurring during Limit States or
                                                  in Items I and II below, which Items                    as defined in Regulation NMS Rule                      Straddle States outweighs any potential
                                                  have been prepared by the Exchange.                     600(b)(47).4 The Plan is designed to                   benefits from applying those provisions
                                                  The Commission is publishing this                       prevent trades in individual NMS stocks                during such unusual market conditions.
                                                  notice to solicit comments on the                       from occurring outside of specified                      The Exchange believes the benefits to
                                                  proposed rule change from interested                    Price Bands.5 The requirements of the                  market participants from the pilot
                                                  persons.                                                Plan are coupled with Trading Pauses to                program should continue on a pilot
                                                                                                          accommodate more fundamental price                     basis to coincide with the operation of
                                                  I. Self-Regulatory Organization’s
                                                                                                          moves (as opposed to erroneous trades                  the Limit Up-Limit Down Plan. The
                                                  Statement of the Terms of the Substance
                                                                                                          or momentary gaps in liquidity).                       Exchange believes that continuing the
                                                  of the Proposed Rule Change
                                                                                                                                                                 pilot will protect against any
                                                  The Exchange is filing a proposal by                      3 Securities Exchange Act Release No. 69341          unanticipated consequences and permit
                                                     The NASDAQ Options Market LLC                        (April 8, 2013), 78 FR 21996 (April 12, 2013) (SR–
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     (‘‘NOM’’) to amend Chapter V,                        NASDAQ–2013–048).                                        6 Securities Exchange Act Release No. 71902

                                                     Regulation of Trading on NOM, to                       4 The Plan was extended until February 20, 2015.     (April 8, 2014), 79 FR 20946 (April 14, 2014) (SR–
                                                     extend the pilot program under                       The Plan was initially approved for a one-year pilot   NASDAQ–2014–033).
                                                                                                          period, which began on April 8, 2013. Securities         7 Securities Exchange Act Release No. 74336
                                                     Section 3(d)(iv), which provides for                 Exchange Act Release No. 71649 (March 5, 2014),        (February 20, 2015), 80 FR 10551 (February 26,
                                                                                                          79 FR 13696 (March 11, 2014).                          2015) (SR–NASDAQ–2015–016).
                                                    15 17 CFR 200.30–3(a)(12).                              5 Unless otherwise specified, capitalized terms        8 Securities Exchange Act Release No. 75917
                                                    1 15 U.S.C. 78s(b)(1).                                used in this rule filing are based on the defined      (September 14, 2015), 80 FR 56515 (September 18,
                                                    2 17 CFR 240.19b–4.                                   terms of the Plan.                                     2015).



                                             VerDate Sep<11>2014   19:16 Oct 27, 2015   Jkt 238001   PO 00000   Frm 00110   Fmt 4703   Sfmt 4703   E:\FR\FM\28OCN1.SGM   28OCN1


                                                                             Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                                    66093

                                                  the industry to gain further experience                    • number of trades for which a                     B. Self-Regulatory Organization’s
                                                  operating the Plan.                                     request for review for error was received             Statement on Burden on Competition
                                                     The Exchange will conduct an                         during Straddle and Limit States,                        The Exchange does not believe that
                                                  analysis concerning the elimination of                     • an indicator variable for whether                the proposed rule change will result in
                                                  obvious and catastrophic error                          those options outlined above have a                   any burden on competition that is not
                                                  provisions during Limit States and                      price change exceeding 30% during the                 necessary or appropriate in furtherance
                                                  Straddle States and agrees to provide                   underlying stock’s Limit or Straddle                  of the purposes of the Act, as amended.
                                                  the Commission with relevant data to                    State compared to the last available                  Specifically, the proposal does not
                                                  assess the impact of this proposed rule                 option price as reported by OPRA before               impose an intra-market burden on
                                                  change. As part of its analysis, the                    the start of the Limit or Straddle State              competition, because it will apply to all
                                                  Exchange will: (1) Evaluate the options                 (1 if observe 30% and 0 otherwise).                   members. Nor will the proposal impose
                                                  market quality during Limit States and                  Another indicator variable for whether                a burden on competition among the
                                                  Straddle States; (2) assess the character               the option price within five minutes of               options exchanges, because, in addition
                                                  of incoming order flow and transactions                 the underlying stock leaving the Limit                to the vigorous competition for order
                                                  during Limit States and Straddle States;                or Straddle State (or halt if applicable)             flow among the options exchanges, the
                                                  and (3) review any complaints from                      is 30% away from the price before the                 proposal addresses a regulatory
                                                  members and their customers                             start of the Limit or Straddle State.11               situation common to all options
                                                  concerning executions during Limit                                                                            exchanges. To the extent that market
                                                  States and Straddle States. Additionally,                                                                     participants disagree with the particular
                                                  the Exchange agrees to provide to the                   2. Statutory Basis                                    approach taken by the Exchange herein,
                                                  Commission data requested to evaluate                      The Exchange believes the proposed                 market participants can easily and
                                                  the impact of the elimination of the                    rule change is consistent with the                    readily direct order flow to competing
                                                  obvious and catastrophic error                          provisions of Section 6 of the Act,12 in              venues. The Exchange believes this
                                                  provisions, including data relevant to                  general, and with Section 6(b)(5) of the              proposal will not impose a burden on
                                                  assessing the various analyses noted                    Act,13 in particular, which requires that             competition and will help provide
                                                  above. No later than five months prior                  the rules of an exchange be designed to               certainty during periods of
                                                  to the expiration of the pilot period,                  promote just and equitable principles of              extraordinary volatility in an NMS
                                                  including any extensions to the pilot                   trade, remove impediments to and                      stock.
                                                  period for the Plan,9 the Exchange shall                perfect the mechanism of a free and
                                                  provide to the Commission and the                                                                             C. Self-Regulatory Organization’s
                                                                                                          open market and a national market                     Statement on Comments on the
                                                  public assessments relating to the                      system, and protect investors and the
                                                  impact of the operation of the obvious                                                                        Proposed Rule Change Received From
                                                                                                          public interest, because it should                    Members, Participants, or Others
                                                  error rules during Limit and Straddle                   continue to provide certainty about how
                                                  States as follows: 10                                   errors involving options orders and                     No written comments were either
                                                     1. Evaluate the statistical and                      trades will be handled during periods of              solicited or received.
                                                  economic impact of Limit and Straddle                   extraordinary volatility in the                       III. Date of Effectiveness of the
                                                  States on liquidity and market quality in               underlying security. The Exchange                     Proposed Rule Change and Timing for
                                                  the options markets.                                    believes that it continues to be                      Commission Action
                                                     2. Assess whether the lack of obvious                necessary and appropriate in the
                                                                                                                                                                   Because the proposed rule change
                                                  error rules in effect during the Straddle               interest of promoting fair and orderly
                                                                                                                                                                does not (i) significantly affect the
                                                  and Limit States are problematic.                       markets to exclude transactions
                                                                                                                                                                protection of investors or the public
                                                     Each month the Exchange shall                        executed during a Limit State or
                                                                                                                                                                interest; (ii) impose any significant
                                                  provide to the Commission and the                       Straddle State from certain aspects of
                                                                                                                                                                burden on competition; and (iii) become
                                                  public a dataset containing the data for                Chapter V, Section 6.
                                                                                                                                                                operative for 30 days from the date on
                                                  each Straddle and Limit State in                           Although the Limit Up-Limit Down
                                                                                                                                                                which it was filed, or such shorter time
                                                  optionable stocks that had at least one                 Plan is operational, the Exchange
                                                                                                                                                                as the Commission may designate if
                                                  trade on the Exchange during a Straddle                 believes that maintaining the pilot to
                                                                                                                                                                consistent with the protection of
                                                  or Limit State. For each of those options               coincide with the pilot period for the
                                                                                                                                                                investors and the public interest, the
                                                  affected, each data record should                       Plan will help the industry gain further
                                                                                                                                                                proposed rule change has become
                                                  contain the following information:                      experience operating the Plan as well as
                                                                                                                                                                effective pursuant to Section 19(b)(3)(A)
                                                     • Stock symbol, option symbol, time                  the pilot provisions.
                                                                                                                                                                of the Act 14 and Rule 19b–4(f)(6)(iii)
                                                  at the start of the Straddle or Limit                      Based on the foregoing, the Exchange
                                                                                                                                                                thereunder.15
                                                  State, an indicator for whether it is a                 believes the benefits to market
                                                                                                                                                                   The Exchange has asked the
                                                  Straddle or Limit State,                                participants should continue on a pilot
                                                                                                                                                                Commission to waive the 30-day
                                                     • For activity on the Exchange:                      basis to coincide with the operation of
                                                                                                                                                                operative delay so that the proposal may
                                                     • executed volume, time-weighted                     the Limit Up-Limit Down Plan.
                                                                                                                                                                become operative immediately upon
                                                  quoted bid-ask spread, time-weighted                                                                          filing. The Commission believes that
                                                                                                            11 The Exchange agreed to provide similar data in
                                                  average quoted depth at the bid, time-                                                                        waiving the 30-day operative delay is
                                                                                                          the original proposal. See Securities Exchange Act
                                                  weighted average quoted depth at the                    Release No. 69341 (April 8, 2013), 78 FR 21996        consistent with the protection of
                                                  offer,                                                  (April 12, 2013) (SR–NASDAQ–2013–048) at notes
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     • high execution price, low execution                4 and 11. However, that data included two               14 15  U.S.C. 78s(b)(3)(A).
                                                                                                          additional filters pertaining to the top 10 options     15 17  CFR 240.19b–4(f)(6)(iii). As required under
                                                  price,                                                  and an in-the-money amount, which no longer           Rule 19b–4(f)(6)(iii), the Exchange provided the
                                                                                                          apply. The Exchange provided historical data in the   Commission with written notice of its intent to file
                                                    9 If the Plan extension is approved, the next data    new form pursuant to this proposed rule change,       the proposed rule change, along with a brief
                                                  assessment will be due no later than December 18,       going back to the beginning of the original pilot     description and the text of the proposed rule
                                                  2015.                                                   period.                                               change, at least five business days prior to the date
                                                    10 The Exchange submitted a data assessment on          12 15 U.S.C. 78f.
                                                                                                                                                                of filing of the proposed rule change, or such
                                                  September 30, 2014 and May 29, 2015.                      13 15 U.S.C. 78f(b)(5).                             shorter time as designated by the Commission.



                                             VerDate Sep<11>2014   19:16 Oct 27, 2015   Jkt 238001   PO 00000   Frm 00111   Fmt 4703   Sfmt 4703   E:\FR\FM\28OCN1.SGM    28OCN1


                                                  66094                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  investors and the public interest, as it                Commission and any person, other than                 solicit comments on the proposed rule
                                                  will allow the obvious error pilot                      those that may be withheld from the                   change from interested persons.
                                                  program to continue uninterrupted                       public in accordance with the
                                                  while the industry gains further                        provisions of 5 U.S.C. 552, will be
                                                  experience operating under the Plan,                    available for Web site viewing and                    I. Self-Regulatory Organization’s
                                                  and avoid any investor confusion that                   printing in the Commission’s Public                   Statement of the Terms of the Substance
                                                  could result from a temporary                           Reference Room, 100 F Street NE.,                     of the Proposed Rule Change
                                                  interruption in the pilot program. For                  Washington, DC 20549 on official                         The Exchange filed a proposal for the
                                                  this reason, the Commission designates                  business days between the hours of                    Exchange’s equity options platform
                                                  the proposed rule change to be operative                10:00 a.m. and 3:00 p.m. Copies of such               (‘‘EDGX Options’’) to extend the pilot
                                                  upon filing.16                                          filing also will be available for                     program that suspends certain obvious
                                                     At any time within 60 days of the                    inspection and copying at the principal               error provisions of Rule 20.6 during
                                                  filing of the proposed rule change, the                 office of the Exchange. All comments                  limit up-limit down states in securities
                                                  Commission summarily may                                received will be posted without change;               that underlie options traded on the
                                                  temporarily suspend such rule change if                 the Commission does not edit personal                 Exchange.
                                                  it appears to the Commission that such                  identifying information from                             The text of the proposed rule change
                                                  action is necessary or appropriate in the               submissions. You should submit only                   is available at the Exchange’s Web site
                                                  public interest, for the protection of                  information that you wish to make                     at www.batstrading.com, at the
                                                  investors, or otherwise in furtherance of               available publicly. All submissions                   principal office of the Exchange, and at
                                                  the purposes of the Act. If the                         should refer to File Number SR–                       the Commission’s Public Reference
                                                  Commission takes such action, the                       NASDAQ–2015–125, and should be                        Room.
                                                  Commission shall institute proceedings                  submitted on or before November 18,
                                                  to determine whether the proposed rule                  2015.                                                 II. Self-Regulatory Organization’s
                                                  should be approved or disapproved.                                                                            Statement of the Purpose of, and
                                                                                                            For the Commission, by the Division of
                                                                                                          Trading and Markets, pursuant to delegated            Statutory Basis for, the Proposed Rule
                                                  IV. Solicitation of Comments                                                                                  Change
                                                                                                          authority.17
                                                    Interested persons are invited to                     Brent J. Fields,                                         In its filing with the Commission, the
                                                  submit written data, views, and                         Secretary.                                            Exchange included statements
                                                  arguments concerning the foregoing,                                                                           concerning the purpose of and basis for
                                                                                                          [FR Doc. 2015–27346 Filed 10–27–15; 8:45 am]
                                                  including whether the proposed rule                                                                           the proposed rule change and discussed
                                                                                                          BILLING CODE 8011–01–P
                                                  change is consistent with the Act.                                                                            any comments it received on the
                                                  Comments may be submitted by any of                                                                           proposed rule change. The text of these
                                                  the following methods:                                  SECURITIES AND EXCHANGE                               statements may be examined at the
                                                  Electronic Comments                                     COMMISSION                                            places specified in Item IV below. The
                                                                                                                                                                Exchange has prepared summaries, set
                                                    • Use the Commission’s Internet                       [Release No. 34–76230; File No. SR–EDGX–
                                                                                                          2015–49]
                                                                                                                                                                forth in Sections A, B, and C below, of
                                                  comment form (http://www.sec.gov/
                                                                                                                                                                the most significant parts of such
                                                  rules/sro.shtml); or
                                                                                                          Self-Regulatory Organizations; EDGX                   statements.
                                                    • Send an email to rule-comments@
                                                  sec.gov. Please include File Number SR–                 Exchange, Inc.; Notice of Filing and                  A. Self-Regulatory Organization’s
                                                  NASDAQ–2015–125 on the subject line.                    Immediate Effectiveness of a Proposed                 Statement of the Purpose of, and
                                                                                                          Rule Change to Rule 20.6, Nullification               Statutory Basis for, the Proposed Rule
                                                  Paper Comments                                          and Adjustment of Options                             Change
                                                     • Send paper comments in triplicate                  Transactions Including Obvious Errors
                                                  to Brent J. Fields, Secretary, Securities                                                                     1. Purpose
                                                                                                          October 22, 2015.
                                                  and Exchange Commission, 100 F Street                                                                            Earlier this year, the Exchange
                                                                                                             Pursuant to Section 19(b)(1) of the
                                                  NE., Washington, DC 20549–1090.                                                                               received approval of rules governing the
                                                  All submissions should refer to File                    Securities Exchange Act of 1934 (the
                                                                                                                                                                trading of equity options on EDGX
                                                  Number SR–NASDAQ–2015–125. This                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                                                                                Options, including Rule 20.6 related to
                                                  file number should be included on the                   notice is hereby given that on October
                                                                                                                                                                the adjustment and nullification of
                                                  subject line if email is used. To help the              20, 2015, EDGX Exchange, Inc. (the
                                                                                                                                                                transactions that occur on EDGX
                                                  Commission process and review your                      ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
                                                                                                                                                                Options.5 Interpretation and Policy .01
                                                  comments more efficiently, please use                   Securities and Exchange Commission
                                                                                                                                                                to Rule 20.6 is designed to address
                                                  only one method. The Commission will                    (‘‘Commission’’) the proposed rule
                                                                                                                                                                certain issues related to the Plan to
                                                  post all comments on the Commission’s                   change as described in Items I and II
                                                                                                                                                                Address Extraordinary Market Volatility
                                                  Internet Web site (http://www.sec.gov/                  below, which Items have been prepared
                                                                                                                                                                Pursuant to Rule 608 of Regulation NMS
                                                  rules/sro.shtml). Copies of the                         by the Exchange. The Exchange has
                                                                                                                                                                under the Act (the ‘‘Limit Up-Limit
                                                  submission, all subsequent                              designated this proposal as a ‘‘non-
                                                                                                                                                                Down Plan’’ or the ‘‘Plan’’).6
                                                  amendments, all written statements                      controversial’’ proposed rule change
                                                                                                                                                                Specifically, pursuant to a pilot program
                                                  with respect to the proposed rule                       pursuant to Section 19(b)(3)(A) of the
                                                                                                                                                                set forth in Interpretation and Policy .01
                                                  change that are filed with the                          Act 3 and Rule 19b–4(f)(6)(iii)
                                                                                                                                                                to Rule 20.6, the Exchange excludes
                                                  Commission, and all written                             thereunder,4 which renders it effective
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                from certain provisions of Rule 20.6
                                                  communications relating to the                          upon filing with the Commission. The
                                                                                                                                                                transactions executed during a ‘‘Limit
                                                  proposed rule change between the                        Commission is publishing this notice to
                                                                                                                                                                   5 See Securities Exchange Act Release No. 75650
                                                                                                            17 17 CFR 200.30–3(a)(12).
                                                    16 For purposes only of waiving the 30-day                                                                  (August 7, 2015), 80 FR 48600 (August 13, 2015)
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                  operative delay, the Commission has also                                                                      (SR–EDGX–2015–18).
                                                                                                            2 17 CFR 240.19b–4.
                                                  considered the proposed rule’s impact on                                                                         6 See Securities Exchange Act Release No. 67091
                                                                                                            3 15 U.S.C. 78s(b)(3)(A).
                                                  efficiency, competition, and capital formation. See                                                           (May 31, 2012), 77 FR 33498 (June 6, 2012) (the
                                                  15 U.S.C. 78c(f).                                         4 17 CFR 240.19b–4(f)(6)(iii).                      ‘‘Limit Up-Limit Down Release’’).



                                             VerDate Sep<11>2014   19:16 Oct 27, 2015   Jkt 238001   PO 00000   Frm 00112   Fmt 4703   Sfmt 4703   E:\FR\FM\28OCN1.SGM   28OCN1



Document Created: 2018-02-27 08:57:58
Document Modified: 2018-02-27 08:57:58
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 66092 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR