80_FR_66308 80 FR 66100 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Extend the Pilot Period Applicable to Rule 521 and Rule 530 Relating To Limit Up/Limit Down

80 FR 66100 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Extend the Pilot Period Applicable to Rule 521 and Rule 530 Relating To Limit Up/Limit Down

SECURITIES AND EXCHANGE COMMISSION

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

Page Range66100-66102
FR Document2015-27356

Federal Register, Volume 80 Issue 208 (Wednesday, October 28, 2015)
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66100-66102]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27356]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76237; File No. SR-MIAX-2015-60]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change to Extend the Pilot Period Applicable to Rule 521 
and Rule 530 Relating To Limit Up/Limit Down

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, Miami International Securities Exchange LLC 
(``MIAX'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by the Exchange. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange is filing a proposal to amend (i) Exchange Rule 530 
(Limit Up-Limit Down) to extend the pilot period for the treatment of 
erroneous transactions during a Limit or Straddle State and (ii) 
Interpretations and Policies .01 to Rule 521 (Nullification and 
Adjustment of Options Transactions Including Obvious Errors) to clarify 
that the pilot period during which an execution will not be subject to 
review as an Obvious Error or Catastrophic Error will coincide with the 
pilot period for the LULD Plan (as defined below).
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at 
MIAX's principal office, 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
    The Exchange proposes to amend Rule 530 (Limit Up-Limit Down) in 
order to extend the pilot period for the treatment of erroneous 
transactions that occur in a Limit or Straddle State to coincide with 
the proposed extension of the pilot period for the LULD Plan (as 
defined below), including any extensions to the pilot period for the 
LULD Plan.
    Exchange Rule 530(j) provides for the treatment of erroneous 
transactions occurring during Limit and Straddle States. Specifically, 
once an NMS Stock has entered a Limit or Straddle State, the Exchange 
will nullify a transaction in an option overlying such an NMS Stock as 
provided in Rule 530(j). This provision was adopted for a one year 
pilot period beginning on the date of the implementation of the Plan to 
Address Extraordinary Market Volatility Pursuant to Rule 608 of 
Regulation NMS, April 8, 2013 (the ``LULD Plan'').\3\ The Exchange 
previously extended the pilot period for Rule 530(j) until October 23, 
2015.\4\ The Exchange now proposes to extend the pilot period for Rule 
530(j) to coincide with the proposed extension of the pilot period for 
the LULD Plan, including any extensions to the pilot

[[Page 66101]]

period for the LULD Plan, in order to allow the Exchange and the 
Commission additional time to collect and analyze data regarding the 
impact of Rule 530(j) on liquidity and market quality in the options 
markets.\5\
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    \3\ See Exchange Rule 503(j). See also Securities Exchange Act 
Release Nos. 69210 (March 22, 2013), 78 FR 18637 (March 27, 2013) 
(SR-MIAX-2013-12); 69342 (April 8, 2013), 78 FR 22017 (April 12, 
2013) (SR-MIAX-2013-12); 69234 (March 25, 2013), 78 FR 19344 (March 
29, 2013) (SR-MIAX-2013-15); 69354 (April 9, 2013), 78 FR 22357 
(April 15, 2013) (SR-MIAX-2013-15).
    \4\ See Securities Exchange Act Release No. 74307 (February 19, 
2015), 80 FR 10196 (February 25, 2015) (SR-MIAX-2015-11).
    \5\ Currently the pilot period for the LULD Plan is proposed to 
be extended until April 22, 2016. See Joint Industry Plan; Notice of 
Filing of the Ninth Amendment to the National Market System Plan to 
Address Extraordinary Market Volatility by BATS Exchange, Inc., BATS 
Y-Exchange, Inc., Chicago Board Options Exchange, Inc., Chicago 
Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc., 
Financial Industry Regulatory Authority, Inc., NASDAQ OMX BX, Inc., 
NASDAQ OMX PHLX LLC, The Nasdaq Stock Market LLC, National Stock 
Exchange, Inc., New York Stock Exchange LLC, NYSE MKT LLC, and NYSE 
Arca, Inc., Securities Exchange Act Release No. 75917 (September 14, 
2015), 80 FR 56515 (September 18, 2015).
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    To assist the Commission in its analysis, the Exchange will provide 
the Commission and the public with data and analysis during the 
duration of the pilot in order to evaluate the impact of Limit and 
Straddle States on liquidity and market quality in the options markets. 
Specifically, on a date not later than five (5) months prior to the 
pilot expiration date, including any extensions of the pilot period, 
the Exchange represents that it shall provide the Commission and the 
public assessments relating to the impact of the obvious error Rules 
during Limit and Straddle States that (i) evaluate the statistical and 
economic impact of Limit and Straddle States on liquidity and market 
quality in the options markets; and (ii) assess whether the lack of 
obvious error rules in effect during the Straddle and Limit States are 
problematic. If the LULD Plan extension is approved the next data 
assessment will be due no later than December 18, 2015. Additionally, 
each month during the pilot period the Exchange shall provide to the 
Commission and the public a dataset containing the data for each 
Straddle and Limit State in optionable stocks. For each stock that 
reaches a Straddle or Limit State, the number of options included in 
the dataset can be reduced by selecting options in which at least one 
(1) trade occurred on the Exchange during the Straddle or Limit State. 
For each of those options affected, each data record should contain the 
following information: (i) 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 (ii) for activity on the exchange--(A) 
executed volume, time-weighted quoted bid-ask spread, time-weighted 
average quoted depth at the bid, time-weighted average quoted depth at 
the offer, (B) high execution price, low execution price, (C) number of 
trades for which a request for review for error was received during 
Straddle and Limit States, (D) 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.
    The Exchange also proposes to amend Interpretations and Policies 
.01 to Rule 521 (Nullification and Adjustment of Options Transactions 
Including Obvious Errors) to take out the actual end date of the pilot 
period during which an execution will not be subject to review as an 
Obvious Error or Catastrophic Error pursuant to paragraph (c) or (d) of 
Rule 521 if it occurred while the underlying security was in a ``Limit 
State'' or ``Straddle State,'' as defined in the LULD Plan, and instead 
clarify that the pilot period will coincide with the pilot period for 
the LULD Plan, including any extensions to the pilot period for the 
LULD Plan.
2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with 
Section 6(b) of the Act \6\ in general, and furthers the objectives of 
Section 6(b)(5) of the Act \7\ in particular, in that it is designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities, to 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. Specifically, the proposal 
supports the objectives of perfecting the mechanism of a free and open 
market and the national market system because it promotes uniformity 
across markets concerning when and how to halt trading in all stock 
options as a result of extraordinary market volatility. In addition, 
the Exchange believes that the extension of the pilot to coincide with 
the pilot period for the LULD Plan will help ensure that market 
participants continue to benefit from the protections of the Limit Up-
Limit Down Rules which will protect investors and the public interest 
while allowing the Exchange and the Commission additional time to 
collect and analyze data regarding the impact of Rules on liquidity and 
market quality in the options markets.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed changes are 
being made to extend the pilot program that provides for how the 
Exchange shall treat orders and quotes in options overlying NMS stocks 
when the Limit Up-Limit Down Plan is in effect and will not impose any 
burden on competition while providing certainty of treatment and 
execution of options orders during periods of extraordinary volatility 
in the underlying NMS stock, and facilitating appropriate liquidity 
during a Limit State or Straddle State.

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

    Written comments were neither solicited nor 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 \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 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

[[Page 66102]]

program to continue uninterrupted while the industry gains further 
experience operating under the LULD 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.\10\
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    \10\ 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-MIAX-2015-60 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-MIAX-2015-60. 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-MIAX-2015-60, and should be 
submitted on or before November 18, 2015.
    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).

Brent J. Fields,
Secretary.
[FR Doc. 2015-27356 Filed 10-27-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  66100                      Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  Appendix B and recommended that the                      IV. Conclusion                                       at http://www.miaxoptions.com/filter/
                                                  Plan be adopted on a permanent basis                       It is therefore ordered, pursuant to               wotitle/rule_filing, at MIAX’s principal
                                                  with certain modifications.10                            Section 11A of the Act 16 and Rule 608               office, and at the Commission’s Public
                                                     The Participants propose to amend                     thereunder,17 that the Ninth                         Reference Room.
                                                  Section VIII(C) of the Plan to extend the                Amendment to the Plan (File No. 4–631)               II. Self-Regulatory Organization’s
                                                  pilot period through April 22, 2016, to                  be, and it hereby is approved.                       Statement of the Purpose of, and
                                                  allow the Participants to conduct, and                     For the Commission, by the Division of             Statutory Basis for, the Proposed Rule
                                                  the Commission to consider, further                      Trading and Markets, pursuant to delegated           Change
                                                  analysis of data in support of the                       authority.18
                                                                                                                                                                   In its filing with the Commission, the
                                                  recommendations made in the                              Brent J. Fields,
                                                                                                                                                                Exchange included statements
                                                  Supplemental Joint Assessment. The                       Secretary.                                           concerning the purpose of and basis for
                                                  Participants note that an extension of                   [FR Doc. 2015–27396 Filed 10–27–15; 8:45 am]         the proposed rule change and discussed
                                                  the pilot period would allow the                         BILLING CODE 8011–01–P                               any comments it received on the
                                                  Participants to finalize and file with the                                                                    proposed rule change. The text of these
                                                  Commission any proposed amendments                                                                            statements may be examined at the
                                                  to the Plan resulting from such                          SECURITIES AND EXCHANGE                              places specified in Item IV below. The
                                                                                                           COMMISSION                                           Exchange has prepared summaries, set
                                                  recommendations and further
                                                  analysis.11                                              [Release No. 34–76237; File No. SR–MIAX–             forth in sections A, B, and C below, of
                                                     The Commission believes that it is
                                                                                                           2015–60]                                             the most significant aspects of such
                                                                                                                                                                statements.
                                                  appropriate in the public interest, for                  Self-Regulatory Organizations; Miami
                                                  the protection of investors and the                      International Securities Exchange LLC;               A. Self-Regulatory Organization’s
                                                  maintenance of a fair and orderly                        Notice of Filing and Immediate                       Statement of the Purpose of, and
                                                  market to approve the amendment to                       Effectiveness of a Proposed Rule                     Statutory Basis for, the Proposed Rule
                                                  extend the pilot period to April 22, 2016                Change to Extend the Pilot Period                    Change
                                                  so that the Participants can conduct                     Applicable to Rule 521 and Rule 530                  1. Purpose
                                                  further analysis to support any                          Relating To Limit Up/Limit Down
                                                  recommendations to amend the Plan.12                                                                             The Exchange proposes to amend
                                                                                                           October 22, 2015.                                    Rule 530 (Limit Up-Limit Down) in
                                                  In addition, because CBOE no longer
                                                                                                              Pursuant to Section 19(b)(1) of the               order to extend the pilot period for the
                                                  operates a facility for NMS Stocks, the                  Securities Exchange Act of 1934 (the                 treatment of erroneous transactions that
                                                  Commission believes it is appropriate                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2               occur in a Limit or Straddle State to
                                                  for CBOE to be removed from the Plan.                    notice is hereby given that on October               coincide with the proposed extension of
                                                     For the reasons noted above, the                      20, 2015, Miami International Securities             the pilot period for the LULD Plan (as
                                                  Commission finds that the amendment                      Exchange LLC (‘‘MIAX’’ or ‘‘Exchange’’)              defined below), including any
                                                  to the Plan is consistent with Section                   filed with the Securities and Exchange               extensions to the pilot period for the
                                                  11A of the Act 13 and Rule 608                           Commission (‘‘Commission’’) the                      LULD Plan.
                                                  thereunder.14 The Commission                             proposed rule change as described in                    Exchange Rule 530(j) provides for the
                                                  reiterates its expectation that the                      Items I and II below, which Items have               treatment of erroneous transactions
                                                  Participants will continue to monitor                    been prepared by the Exchange. The                   occurring during Limit and Straddle
                                                  the scope and operation of the Plan and                  Commission is publishing this notice to              States. Specifically, once an NMS Stock
                                                  study the data produced, and will                        solicit comments on the proposed rule                has entered a Limit or Straddle State,
                                                                                                           change from interested persons.                      the Exchange will nullify a transaction
                                                  propose any modifications to the Plan
                                                  that may be necessary or appropriate.15                  I. Self-Regulatory Organization’s                    in an option overlying such an NMS
                                                                                                           Statement of the Terms of the Substance              Stock as provided in Rule 530(j). This
                                                     10 See Letter from Christopher B. Stone, Vice         of the Proposed Rule Change                          provision was adopted for a one year
                                                  President, FINRA, to Brent J. Fields, Secretary, SEC,                                                         pilot period beginning on the date of the
                                                  dated May 28, 2015. The Supplemental Joint
                                                                                                              The Exchange is filing a proposal to              implementation of the Plan to Address
                                                  Assessment is available at http://www.sec.gov/           amend (i) Exchange Rule 530 (Limit Up-               Extraordinary Market Volatility
                                                  comments/4-631/4631-39.pdf.                              Limit Down) to extend the pilot period               Pursuant to Rule 608 of Regulation
                                                     The areas of analysis in Appendix B are intended      for the treatment of erroneous                       NMS, April 8, 2013 (the ‘‘LULD Plan’’).3
                                                  to capture the key measures necessary to assess the      transactions during a Limit or Straddle
                                                  impact of the Plan and to support recommendations                                                             The Exchange previously extended the
                                                  relating to the calibration of the Percentage
                                                                                                           State and (ii) Interpretations and                   pilot period for Rule 530(j) until October
                                                  Parameters to help ensure that the stated objectives     Policies .01 to Rule 521 (Nullification              23, 2015.4 The Exchange now proposes
                                                  of the Plan are achieved—particularly: liquidity         and Adjustment of Options Transactions               to extend the pilot period for Rule 530(j)
                                                  when approaching price bands; clearly erroneous          Including Obvious Errors) to clarify that
                                                  trades; the appropriateness of the percentage                                                                 to coincide with the proposed extension
                                                                                                           the pilot period during which an                     of the pilot period for the LULD Plan,
                                                  parameters; the attributes of limit states; the impact
                                                  of limit states on the options markets; whether          execution will not be subject to review              including any extensions to the pilot
                                                  process adjustments are needed when entering/            as an Obvious Error or Catastrophic
                                                  exiting a limit state; and the length of trading         Error will coincide with the pilot period              3 See Exchange Rule 503(j). See also Securities
                                                  pauses.                                                  for the LULD Plan (as defined below).                Exchange Act Release Nos. 69210 (March 22, 2013),
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     11 See Notice, supra note 4 at 56516.

                                                     12 Extending the pilot period will allow the
                                                                                                              The text of the proposed rule change              78 FR 18637 (March 27, 2013) (SR–MIAX–2013–
                                                                                                           is available on the Exchange’s Web site              12); 69342 (April 8, 2013), 78 FR 22017 (April 12,
                                                  Participants time to consider various substantive                                                             2013) (SR–MIAX–2013–12); 69234 (March 25,
                                                  issues regarding the operation of the Plan, such as                                                           2013), 78 FR 19344 (March 29, 2013) (SR–MIAX–
                                                                                                             16 15 U.S.C. 78k–1.
                                                  those raised in the IEX Letter, supra note 5.                                                                 2013–15); 69354 (April 9, 2013), 78 FR 22357 (April
                                                     13 15 U.S.C. 78k–1.                                     17 17 CFR 242.608.                                 15, 2013) (SR–MIAX–2013–15).
                                                     14 17 CFR 242.608.                                      18 17 CFR 200.30–3(a)(29).                           4 See Securities Exchange Act Release No. 74307
                                                     15 See Securities Exchange Act Release No. 67091        1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                (February 19, 2015), 80 FR 10196 (February 25,
                                                  (May 31, 2012), 77 FR 33498 (June 6, 2012).                2 17 CFR 240.19b–4.                                2015) (SR–MIAX–2015–11).



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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                                      66101

                                                  period for the LULD Plan, in order to                   number of trades for which a request for               the public interest while allowing the
                                                  allow the Exchange and the Commission                   review for error was received during                   Exchange and the Commission
                                                  additional time to collect and analyze                  Straddle and Limit States, (D) an                      additional time to collect and analyze
                                                  data regarding the impact of Rule 530(j)                indicator variable for whether those                   data regarding the impact of Rules on
                                                  on liquidity and market quality in the                  options outlined above have a price                    liquidity and market quality in the
                                                  options markets.5                                       change exceeding 30% during the                        options markets.
                                                     To assist the Commission in its                      underlying stock’s Limit or Straddle
                                                  analysis, the Exchange will provide the                                                                        B. Self-Regulatory Organization’s
                                                                                                          state compared to the last available
                                                  Commission and the public with data                                                                            Statement on Burden on Competition
                                                                                                          option price as reported by OPRA before
                                                  and analysis during the duration of the                 the start of the Limit or Straddle state (1              The Exchange does not believe that
                                                  pilot in order to evaluate the impact of                if observe 30% and 0 otherwise) and                    the proposed rule change will impose
                                                  Limit and Straddle States on liquidity                  another indicator variable for whether                 any burden on competition that is not
                                                  and market quality in the options                       the option price within five minutes of                necessary or appropriate in furtherance
                                                  markets. Specifically, on a date not later              the underlying stock leaving the Limit                 of the purposes of the Act. The
                                                  than five (5) months prior to the pilot                 or Straddle state (or halt if applicable)              proposed changes are being made to
                                                  expiration date, including any                          is 30% away from the price before the                  extend the pilot program that provides
                                                  extensions of the pilot period, the                     start of the Limit or Straddle state.                  for how the Exchange shall treat orders
                                                  Exchange represents that it shall                          The Exchange also proposes to amend                 and quotes in options overlying NMS
                                                  provide the Commission and the public                   Interpretations and Policies .01 to Rule               stocks when the Limit Up-Limit Down
                                                  assessments relating to the impact of the               521 (Nullification and Adjustment of                   Plan is in effect and will not impose any
                                                  obvious error Rules during Limit and                    Options Transactions Including Obvious                 burden on competition while providing
                                                  Straddle States that (i) evaluate the                   Errors) to take out the actual end date                certainty of treatment and execution of
                                                  statistical and economic impact of Limit                of the pilot period during which an                    options orders during periods of
                                                  and Straddle States on liquidity and                    execution will not be subject to review                extraordinary volatility in the
                                                  market quality in the options markets;                  as an Obvious Error or Catastrophic                    underlying NMS stock, and facilitating
                                                  and (ii) assess whether the lack of                     Error pursuant to paragraph (c) or (d) of              appropriate liquidity during a Limit
                                                  obvious error rules in effect during the                Rule 521 if it occurred while the                      State or Straddle State.
                                                  Straddle and Limit States are                           underlying security was in a ‘‘Limit                   C. Self-Regulatory Organization’s
                                                  problematic. If the LULD Plan extension                 State’’ or ‘‘Straddle State,’’ as defined in           Statement on Comments on the
                                                  is approved the next data assessment                    the LULD Plan, and instead clarify that                Proposed Rule Change Received From
                                                  will be due no later than December 18,                  the pilot period will coincide with the                Members, Participants, or Others
                                                  2015. Additionally, each month during                   pilot period for the LULD Plan,
                                                  the pilot period the Exchange shall                     including any extensions to the pilot                    Written comments were neither
                                                  provide to the Commission and the                       period for the LULD Plan.                              solicited nor received.
                                                  public a dataset containing the data for                                                                       III. Date of Effectiveness of the
                                                                                                          2. Statutory Basis
                                                  each Straddle and Limit State in                                                                               Proposed Rule Change and Timing for
                                                  optionable stocks. For each stock that                     MIAX believes that its proposed rule                Commission Action
                                                  reaches a Straddle or Limit State, the                  change is consistent with Section 6(b) of
                                                  number of options included in the                       the Act 6 in general, and furthers the                    Because the proposed rule change
                                                  dataset can be reduced by selecting                     objectives of Section 6(b)(5) of the Act 7             does not (i) significantly affect the
                                                  options in which at least one (1) trade                 in particular, in that it is designed to               protection of investors or the public
                                                  occurred on the Exchange during the                     prevent fraudulent and manipulative                    interest; (ii) impose any significant
                                                  Straddle or Limit State. For each of                    acts and practices, to promote just and                burden on competition; and (iii) become
                                                  those options affected, each data record                equitable principles of trade, to foster               operative for 30 days from the date on
                                                  should contain the following                            cooperation and coordination with                      which it was filed, or such shorter time
                                                  information: (i) Stock symbol, option                   persons engaged in facilitating                        as the Commission may designate if
                                                  symbol, time at the start of the straddle               transactions in securities, to remove                  consistent with the protection of
                                                  or limit state, an indicator for whether                impediments to and perfect the                         investors and the public interest, the
                                                  it is a straddle or limit state; and (ii) for           mechanisms of a free and open market                   proposed rule change has become
                                                  activity on the exchange—(A) executed                   and a national market system and, in                   effective pursuant to Section 19(b)(3)(A)
                                                  volume, time-weighted quoted bid-ask                    general, to protect investors and the                  of the Act 8 and Rule 19b–4(f)(6)(iii)
                                                  spread, time-weighted average quoted                    public interest. Specifically, the                     thereunder.9
                                                                                                          proposal supports the objectives of                       The Exchange has asked the
                                                  depth at the bid, time-weighted average
                                                                                                                                                                 Commission to waive the 30-day
                                                  quoted depth at the offer, (B) high                     perfecting the mechanism of a free and
                                                                                                                                                                 operative delay so that the proposal may
                                                  execution price, low execution price, (C)               open market and the national market
                                                                                                                                                                 become operative immediately upon
                                                                                                          system because it promotes uniformity
                                                                                                                                                                 filing. The Commission believes that
                                                    5 Currently the pilot period for the LULD Plan is     across markets concerning when and
                                                  proposed to be extended until April 22, 2016. See                                                              waiving the 30-day operative delay is
                                                                                                          how to halt trading in all stock options
                                                  Joint Industry Plan; Notice of Filing of the Ninth                                                             consistent with the protection of
                                                                                                          as a result of extraordinary market
                                                  Amendment to the National Market System Plan to                                                                investors and the public interest, as it
                                                  Address Extraordinary Market Volatility by BATS         volatility. In addition, the Exchange
                                                                                                                                                                 will allow the obvious error pilot
                                                  Exchange, Inc., BATS Y-Exchange, Inc., Chicago          believes that the extension of the pilot
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Board Options Exchange, Inc., Chicago Stock             to coincide with the pilot period for the                8 15  U.S.C. 78s(b)(3)(A).
                                                  Exchange, Inc., EDGA Exchange, Inc., EDGX
                                                  Exchange, Inc., Financial Industry Regulatory           LULD Plan will help ensure that market                   9 17  CFR 240.19b–4(f)(6)(iii). As required under
                                                  Authority, Inc., NASDAQ OMX BX, Inc., NASDAQ            participants continue to benefit from the              Rule 19b–4(f)(6)(iii), the Exchange provided the
                                                  OMX PHLX LLC, The Nasdaq Stock Market LLC,              protections of the Limit Up-Limit Down                 Commission with written notice of its intent to file
                                                  National Stock Exchange, Inc., New York Stock           Rules which will protect investors and                 the proposed rule change, along with a brief
                                                  Exchange LLC, NYSE MKT LLC, and NYSE Arca,                                                                     description and the text of the proposed rule
                                                  Inc., Securities Exchange Act Release No. 75917                                                                change, at least five business days prior to the date
                                                                                                            6 15   U.S.C. 78f(b).
                                                  (September 14, 2015), 80 FR 56515 (September 18,                                                               of filing of the proposed rule change, or such
                                                  2015).                                                    7 15   U.S.C. 78f(b)(5).                             shorter time as designated by the Commission.



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                                                  66102                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  program to continue uninterrupted                       public in accordance with the                         Options Transactions including Obvious
                                                  while the industry gains further                        provisions of 5 U.S.C. 552, will be                   Errors). The text of the proposed rule
                                                  experience operating under the LULD                     available for Web site viewing and                    change is available on the Exchange’s
                                                  Plan, and avoid any investor confusion                  printing in the Commission’s Public                   Web site (http://www.cboe.com/About
                                                  that could result from a temporary                      Reference Room, 100 F Street NE.,                     CBOE/CBOELegalRegulatory
                                                  interruption in the pilot program. For                  Washington, DC 20549 on official                      Home.aspx), at the Exchange’s Office of
                                                  this reason, the Commission designates                  business days between the hours of                    the Secretary, and at the Commission’s
                                                  the proposed rule change to be operative                10:00 a.m. and 3:00 p.m. Copies of such               Public Reference Room.
                                                  upon filing.10                                          filing also will be available for
                                                     At any time within 60 days of the                                                                          II. Self-Regulatory Organization’s
                                                                                                          inspection and copying at the principal
                                                  filing of the proposed rule change, the                                                                       Statement of the Purpose of, and
                                                                                                          office of the Exchange. All comments
                                                  Commission summarily may                                                                                      Statutory Basis for, the Proposed Rule
                                                                                                          received will be posted without change;
                                                  temporarily suspend such rule change if                                                                       Change
                                                                                                          the Commission does not edit personal
                                                  it appears to the Commission that such                  identifying information from                             In its filing with the Commission, the
                                                  action is necessary or appropriate in the               submissions. You should submit only                   Exchange included statements
                                                  public interest, for the protection of                  information that you wish to make                     concerning the purpose of and basis for
                                                  investors, or otherwise in furtherance of               available publicly. All submissions                   the proposed rule change and discussed
                                                  the purposes of the Act. If the                         should refer to File Number SR–MIAX–                  any comments it received on the
                                                  Commission takes such action, the                       2015–60, and should be submitted on or                proposed rule change. The text of these
                                                  Commission shall institute proceedings                  before November 18, 2015.                             statements may be examined at the
                                                  to determine whether the proposed rule                     For the Commission, by the Division                places specified in Item IV below. The
                                                  should be approved or disapproved.                      of Trading and Markets, pursuant to                   Exchange has prepared summaries, set
                                                  IV. Solicitation of Comments                            delegated authority.11                                forth in sections A, B, and C below, of
                                                                                                                                                                the most significant aspects of such
                                                    Interested persons are invited to                     Brent J. Fields,                                      statements.
                                                  submit written data, views, and                         Secretary.
                                                  arguments concerning the foregoing,                     [FR Doc. 2015–27356 Filed 10–27–15; 8:45 am]
                                                                                                                                                                A. Self-Regulatory Organization’s
                                                  including whether the proposed rule                                                                           Statement of the Purpose of, and
                                                                                                          BILLING CODE 8011–01–P
                                                  change is consistent with the Act.                                                                            Statutory Basis for, the Proposed Rule
                                                  Comments may be submitted by any of                                                                           Change
                                                  the following methods:                                  SECURITIES AND EXCHANGE                               1. Purpose
                                                  Electronic Comments                                     COMMISSION
                                                                                                                                                                   The purpose of this filing is to extend
                                                    • Use the Commission’s Internet                       [Release No. 34–76223; File No. SR–CBOE–              the effectiveness of the Exchange’s
                                                  comment form (http://www.sec.gov/                       2015–097]                                             current rule applicable to obvious
                                                  rules/sro.shtml); or                                                                                          errors. Interpretation and Policy .01 to
                                                    • Send an email to rule-comments@                     Self-Regulatory Organizations;                        Rule 6.25, explained in further detail
                                                  sec.gov. Please include File Number SR–                 Chicago Board Options Exchange,                       below, is currently operating on a pilot
                                                  MIAX–2015–60 on the subject line.                       Incorporated; Notice of Filing and                    program set to expire on October 23,
                                                                                                          Immediate Effectiveness of a Proposed                 2015. The Exchange proposes to extend
                                                  Paper Comments                                          Rule Change Relating to Exchange                      the pilot program so that it coincides
                                                    • Send paper comments in triplicate                   Rule 6.25                                             with the pilot period for the Plan to
                                                  to Brent J. Fields, Secretary, Securities                                                                     Address Extraordinary Market Volatility
                                                                                                          October 22, 2015.
                                                  and Exchange Commission, 100 F Street                                                                         Pursuant to Rule 608 of Regulation NMS
                                                  NE., Washington, DC 20549–1090.                            Pursuant to Section 19(b)(1) of the
                                                                                                          Securities Exchange Act of 1934 (the                  under the Act (‘‘Limit Up-Limit Down
                                                  All submissions should refer to File                                                                          Plan’’ or ‘‘Plan’’), including any
                                                                                                          ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  Number SR–MIAX–2015–60. This file                                                                             extensions to the pilot period for the
                                                                                                          notice is hereby given that on October
                                                  number should be included on the                                                                              Plan. Currently the Plan Participants
                                                                                                          21, 2015, Chicago Board Options
                                                  subject line if email is used. To help the                                                                    have proposed the 9th amendment to
                                                                                                          Exchange, Incorporated (the ‘‘Exchange’’
                                                  Commission process and review your                                                                            the Plan which, if approved, would
                                                                                                          or ‘‘CBOE’’) filed with the Securities
                                                  comments more efficiently, please use                                                                         extend the pilot period of the Plan to
                                                                                                          and Exchange Commission (the
                                                  only one method. The Commission will                                                                          April 22, 2016.3
                                                                                                          ‘‘Commission’’) the proposed rule
                                                  post all comments on the Commission’s                                                                            On April 5, 2013, the Commission
                                                                                                          change as described in Items I and II
                                                  Internet Web site (http://www.sec.gov/                                                                        approved, on a pilot basis, amendments
                                                                                                          below, which Items have been prepared
                                                  rules/sro.shtml). Copies of the                                                                               to Exchange Rule 6.25 that stated that
                                                                                                          by the Exchange. The Commission is
                                                  submission, all subsequent                                                                                    options executions will not be adjusted
                                                                                                          publishing this notice to solicit
                                                  amendments, all written statements                                                                            or nullified if the execution occurs
                                                                                                          comments on the proposed rule change
                                                  with respect to the proposed rule                                                                             while the underlying security is in a
                                                                                                          from interested persons.
                                                  change that are filed with the                                                                                limit or straddle state as defined by the
                                                  Commission, and all written                             I. Self-Regulatory Organization’s                     Plan.4 Under the terms of this current
                                                  communications relating to the                          Statement of the Terms of the Substance               pilot program, though options
                                                  proposed rule change between the                        of the Proposed Rule Change
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                                                                                                                                                                executions will generally not be subject
                                                  Commission and any person, other than                     The Exchange proposes to extend a                   to review as an Obvious Error or
                                                  those that may be withheld from the                     pilot program related to Rule 6.25
                                                                                                                                                                  3 See Securities Exchange Act Release No. 75917
                                                    10 For
                                                                                                          (Nullification and Adjustment of                      (September 14, 2015), 80 FR 56515 (September 18,
                                                           purposes only of waiving the 30-day
                                                  operative delay, the Commission has also                                                                      2015) (File No. 4–631).
                                                                                                            11 17 CFR 200.30–3(a)(12).
                                                  considered the proposed rule’s impact on                                                                        4 Securities Exchange Act Release No. 69328
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                  efficiency, competition, and capital formation. See                                                           (April 5, 2013), 78 FR 21642 (April 11, 2013) (SR–
                                                  15 U.S.C. 78c(f).                                         2 17 CFR 240.19b–4.                                 CBOE–2013–030). See also Exchange Rule 6.25.01.



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Document Created: 2018-02-27 08:58:16
Document Modified: 2018-02-27 08:58:16
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 66100 

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