80_FR_75385 80 FR 75155 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Tier Size Pilot of FINRA Rule 6433 (Minimum Quotation Size Requirements for OTC Equity Securities)

80 FR 75155 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Tier Size Pilot of FINRA Rule 6433 (Minimum Quotation Size Requirements for OTC Equity Securities)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 230 (December 1, 2015)

Page Range75155-75157
FR Document2015-30413

Federal Register, Volume 80 Issue 230 (Tuesday, December 1, 2015)
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75155-75157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30413]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76519; File No. SR-FINRA-2015-051]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Extend the Tier Size Pilot of FINRA Rule 6433 
(Minimum Quotation Size Requirements for OTC Equity Securities)

November 24, 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 November 23, 2015, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') 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 FINRA. FINRA has designated 
the proposed rule change as constituting a ``non-controversial'' rule 
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which 
renders the proposal effective upon receipt of this filing by the 
Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 6433 (Minimum Quotation Size 
Requirements for OTC Equity Securities) to extend the Tier Size Pilot, 
which currently is scheduled to expire on December 11, 2015, until June 
10, 2016.
    The text of the proposed rule change is available on FINRA's Web 
site at http://www.finra.org, at the principal office of FINRA, on the 
Commission's Web site at http://www.sec.gov, 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, FINRA 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. FINRA 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
    FINRA proposes to amend FINRA Rule 6433 (Minimum Quotation Size 
Requirements for OTC Equity Securities) (the ``Rule'') to extend, until 
June 10, 2016, the amendments set forth in File No. SR-FINRA-2011-058 
(``Tier Size Pilot'' or ``Pilot''), which currently are scheduled to 
expire on December 11, 2015.\4\
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    \4\ See Securities Exchange Act Release No. 75639 (August 7, 
2015), 80 FR 48615 (August 13, 2015) (Notice of Filing and Immediate 
Effectiveness of File No. SR-FINRA-2015-028); see also Securities 
Exchange Act Release No. 67208 (June 15, 2012), 77 FR 37458 (June 
21, 2012) (Order Approving File No. SR-FINRA-2011-058, as amended).
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    The Tier Size Pilot was filed with the SEC on October 6, 2011,\5\ 
to amend the minimum quotation sizes (or ``tier sizes'') for OTC Equity 
Securities.\6\ The goals of the Pilot were to simplify the tier 
structure, facilitate the display of customer limit orders, and expand 
the scope of the Rule to apply to additional quoting participants. 
During the course of the pilot, FINRA collected and provided to the SEC 
specified data with

[[Page 75156]]

which to assess the impact of the Pilot tiers on market quality and 
limit order display.\7\ On September 13, 2013, FINRA provided to the 
Commission an assessment on the operation of the Tier Size Pilot 
utilizing data covering the period from November 12, 2012 through June 
30, 2013.\8\ As noted in the 2013 Assessment, FINRA believed that the 
analysis of the data generally showed that the Tier Size Pilot had a 
neutral to positive impact on OTC market quality for the majority of 
OTC Equity Securities and tiers; and that there was an overall increase 
of 13% in the number of customer limit orders that met the minimum 
quotation sizes to be eligible for display under the Pilot tiers. In 
the 2013 Assessment, FINRA recommended adopting the tiers as permanent, 
but extended the pilot period to allow more time to gather and analyze 
data after the November 12, 2012 through June 30, 2013 assessment 
period.\9\ On January 29, 2015, FINRA further extended the Pilot period 
to permit FINRA and the Commission to consider the implications of the 
data collected since June 30, 2013.\10\ FINRA has reviewed this post-
June 30, 2013 data, and believes that the impact described in the 2013 
Assessment has continued to hold (and has improved in certain areas).
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    \5\ See Securities Exchange Act Release No. 65568 (October 14, 
2011), 76 FR 65307 (October 20, 2011) (Notice of Filing of File No. 
SR-FINRA-2011-058).
    \6\ ``OTC Equity Security'' means any equity security that is 
not an ``NMS stock'' as that term is defined in Rule 600(b)(47) of 
SEC Regulation NMS; provided, however, that the term OTC Equity 
Security shall not include any Restricted Equity Security. See FINRA 
Rule 6420.
    \7\ FINRA ceased collecting Pilot data for submission to the 
Commission on February 13, 2015.
    \8\ The assessment is part of the SEC's comment file for SR-
FINRA-2011-058 and also is available on FINRA's Web site at: http://www.finra.org/Industry/Regulation/RuleFilings/2011/P124615 (``Pilot 
Assessment'').
    \9\ See Securities Exchange Act Release No. 70839 (November 8, 
2013), 78 FR 68893 (November 15, 2013) (Notice of Filing and 
Immediate Effectiveness of File No. SR-FINRA-2013-049).
    \10\ See Securities Exchange Act Release No. 74251 (February 11, 
2015), 80 FR 8741 (February 18, 2015) (Notice of Filing and 
Immediate Effectiveness of File No. SR-FINRA-2015-002).
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    The purpose of this filing is to extend the operation of the Tier 
Size Pilot until June 10, 2016, to provide FINRA with additional time 
to finalize its recommendation with regard to the Tier Size Pilot.
    FINRA has filed the proposed rule change for immediate 
effectiveness. The operative date of the proposed rule change will be 
December 11, 2015.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\11\ which requires, among 
other things, that FINRA rules must be designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest. FINRA also believes that the proposed rule change is 
consistent with the provisions of Section 15A(b)(11) of the Act.\12\ 
Section 15A(b)(11) requires that FINRA rules include provisions 
governing the form and content of quotations relating to securities 
sold otherwise than on a national securities exchange which may be 
distributed or published by any member or person associated with a 
member, and the persons to whom such quotations may be supplied.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78o-3(b)(6).
    \12\ 15 U.S.C. 78o-3(b)(11).
---------------------------------------------------------------------------

    FINRA believes that the extension of the Tier Size Pilot until June 
10, 2016, is consistent with the Act in that it would provide the 
Commission and FINRA with additional time to determine whether the 
pilot tiers should be made permanent.

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

    FINRA 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.

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 foregoing 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, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). 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.
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    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally 
does not become operative prior to 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    FINRA 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 waiver of the operative delay is consistent 
with the protection of investors and the public interest because such 
waiver will allow the pilot program to continue without interruption. 
Therefore, the Commission designates the proposal operative upon 
filing.\17\
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    \17\ For purposes only of waiving the 30-day operative delay, 
the Commission has 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 rule-comments@sec.gov. Please include 
File Number SR-FINRA-2015-051 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-FINRA-2015-051. 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

[[Page 75157]]

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 FINRA. 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 publicly available. All submissions should refer to File Number 
SR-FINRA-2015-051 and should be submitted on or before December 22, 
2015.
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    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30413 Filed 11-30-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices                                                  75155

                                              thereunder, because it establishes a due,                  10:00 a.m. and 3:00 p.m. Copies of such               Requirements for OTC Equity
                                              fee, or other charge imposed by the                        filing also will be available for                     Securities) to extend the Tier Size Pilot,
                                              Exchange.                                                  inspection and copying at the principal               which currently is scheduled to expire
                                                 At any time within 60 days of the                       offices of the Exchange. All comments                 on December 11, 2015, until June 10,
                                              filing of such proposed rule change, the                   received will be posted without change;               2016.
                                              Commission summarily may                                   the Commission does not edit personal                    The text of the proposed rule change
                                              temporarily suspend such rule change if                    identifying information from                          is available on FINRA’s Web site at
                                              it appears to the Commission that such                     submissions. You should submit only                   http://www.finra.org, at the principal
                                              action is necessary or appropriate in the                  information that you wish to make                     office of FINRA, on the Commission’s
                                              public interest, for the protection of                     available publicly. All submissions                   Web site at http://www.sec.gov, and at
                                              investors, or otherwise in furtherance of                  should refer to File Number SR–                       the Commission’s Public Reference
                                              the purposes of the Act. If the                            NYSEMKT–2015–95, and should be                        Room.
                                              Commission takes such action, the                          submitted on or before December 22,
                                              Commission shall institute proceedings                     2015.                                                 II. Self-Regulatory Organization’s
                                              under Section 19(b)(2)(B) 34 of the Act to                                                                       Statement of the Purpose of, and
                                                                                                           For the Commission, by the Division of              Statutory Basis for, the Proposed Rule
                                              determine whether the proposed rule                        Trading and Markets, pursuant to delegated
                                              change should be approved or                                                                                     Change
                                                                                                         authority.35
                                              disapproved.                                               Brent J. Fields,                                         In its filing with the Commission,
                                                                                                         Secretary.                                            FINRA included statements concerning
                                              IV. Solicitation of Comments
                                                                                                         [FR Doc. 2015–30480 Filed 11–30–15; 8:45 am]
                                                                                                                                                               the purpose of and basis for the
                                                Interested persons are invited to                                                                              proposed rule change and discussed any
                                                                                                         BILLING CODE 8011–01–P
                                              submit written data, views, and                                                                                  comments it received on the proposed
                                              arguments concerning the foregoing,                                                                              rule change. The text of these statements
                                              including whether the proposed rule                                                                              may be examined at the places specified
                                                                                                         SECURITIES AND EXCHANGE
                                              change is consistent with the Act.                         COMMISSION                                            in Item IV below. FINRA has prepared
                                              Comments may be submitted by any of                                                                              summaries, set forth in sections A, B,
                                              the following methods:                                     [Release No. 34–76519; File No. SR–FINRA–             and C below, of the most significant
                                                                                                         2015–051]                                             aspects of such statements.
                                              Electronic Comments
                                                • Use the Commission’s Internet                          Self-Regulatory Organizations;                        A. Self-Regulatory Organization’s
                                              comment form (http://www.sec.gov/                          Financial Industry Regulatory                         Statement of the Purpose of, and
                                              rules/sro.shtml); or                                       Authority, Inc.; Notice of Filing and                 Statutory Basis for, the Proposed Rule
                                                • Send an email to rule-comments@                        Immediate Effectiveness of a Proposed                 Change
                                              sec.gov. Please include File Number SR–                    Rule Change To Extend the Tier Size
                                                                                                         Pilot of FINRA Rule 6433 (Minimum                     1. Purpose
                                              NYSEMKT–2015–95 on the subject line.
                                                                                                         Quotation Size Requirements for OTC                      FINRA proposes to amend FINRA
                                              Paper Comments                                             Equity Securities)                                    Rule 6433 (Minimum Quotation Size
                                                 • Send paper comments in triplicate                                                                           Requirements for OTC Equity
                                              to Brent J. Fields, Secretary, Securities                  November 24, 2015.                                    Securities) (the ‘‘Rule’’) to extend, until
                                              and Exchange Commission, 100 F Street                         Pursuant to Section 19(b)(1) of the                June 10, 2016, the amendments set forth
                                              NE., Washington, DC 20549–1090.                            Securities Exchange Act of 1934                       in File No. SR–FINRA–2011–058 (‘‘Tier
                                                                                                         (‘‘Act’’) 1 and Rule 19b–4 thereunder,2               Size Pilot’’ or ‘‘Pilot’’), which currently
                                              All submissions should refer to File
                                                                                                         notice is hereby given that on November               are scheduled to expire on December 11,
                                              Number SR–NYSEMKT–2015–95. This
                                                                                                         23, 2015, Financial Industry Regulatory               2015.4
                                              file number should be included on the
                                                                                                         Authority, Inc. (‘‘FINRA’’) filed with the               The Tier Size Pilot was filed with the
                                              subject line if email is used. To help the
                                                                                                         Securities and Exchange Commission                    SEC on October 6, 2011,5 to amend the
                                              Commission process and review your
                                                                                                         (‘‘SEC’’ or ‘‘Commission’’) the proposed              minimum quotation sizes (or ‘‘tier
                                              comments more efficiently, please use
                                                                                                         rule change as described in Items I and               sizes’’) for OTC Equity Securities.6 The
                                              only one method. The Commission will
                                                                                                         II below, which Items have been                       goals of the Pilot were to simplify the
                                              post all comments on the Commission’s
                                                                                                         prepared by FINRA. FINRA has                          tier structure, facilitate the display of
                                              Internet Web site (http://www.sec.gov/
                                                                                                         designated the proposed rule change as                customer limit orders, and expand the
                                              rules/sro.shtml). Copies of the
                                                                                                         constituting a ‘‘non-controversial’’ rule             scope of the Rule to apply to additional
                                              submission, all subsequent
                                                                                                         change under paragraph (f)(6) of Rule                 quoting participants. During the course
                                              amendments, all written statements
                                                                                                         19b–4 under the Act,3 which renders                   of the pilot, FINRA collected and
                                              with respect to the proposed rule
                                                                                                         the proposal effective upon receipt of                provided to the SEC specified data with
                                              change that are filed with the
                                                                                                         this filing by the Commission. The
                                              Commission, and all written
                                                                                                         Commission is publishing this notice to                 4 See Securities Exchange Act Release No. 75639
                                              communications relating to the
                                                                                                         solicit comments on the proposed rule                 (August 7, 2015), 80 FR 48615 (August 13, 2015)
                                              proposed rule change between the                                                                                 (Notice of Filing and Immediate Effectiveness of
                                                                                                         change from interested persons.
                                              Commission and any person, other than                                                                            File No. SR–FINRA–2015–028); see also Securities
                                              those that may be withheld from the                        I. Self-Regulatory Organization’s                     Exchange Act Release No. 67208 (June 15, 2012), 77
                                              public in accordance with the                              Statement of the Terms of Substance of                FR 37458 (June 21, 2012) (Order Approving File No.
                                                                                                                                                               SR–FINRA–2011–058, as amended).
                                              provisions of 5 U.S.C. 552, will be                        the Proposed Rule Change                                5 See Securities Exchange Act Release No. 65568
tkelley on DSK3SPTVN1PROD with NOTICES




                                              available for Web site viewing and                            FINRA is proposing to amend FINRA                  (October 14, 2011), 76 FR 65307 (October 20, 2011)
                                              printing in the Commission’s Public                        Rule 6433 (Minimum Quotation Size                     (Notice of Filing of File No. SR–FINRA–2011–058).
                                              Reference Room, 100 F Street NE.,                                                                                  6 ‘‘OTC Equity Security’’ means any equity

                                              Washington, DC 20549 on official                             35 17
                                                                                                                                                               security that is not an ‘‘NMS stock’’ as that term is
                                                                                                                 CFR 200.30–3(a)(12).                          defined in Rule 600(b)(47) of SEC Regulation NMS;
                                              business days between the hours of                           1 15 U.S.C. 78s(b)(1).                              provided, however, that the term OTC Equity
                                                                                                           2 17 CFR 240.19b–4.
                                                                                                                                                               Security shall not include any Restricted Equity
                                                34 15   U.S.C. 78s(b)(2)(B).                               3 17 CFR 240.19b–4(f)(6).                           Security. See FINRA Rule 6420.



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                                              75156                       Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices

                                              which to assess the impact of the Pilot                 general, to protect investors and the                   action is consistent with the protection
                                              tiers on market quality and limit order                 public interest. FINRA also believes that               of investors and the public interest.
                                              display.7 On September 13, 2013,                        the proposed rule change is consistent                     FINRA has asked the Commission to
                                              FINRA provided to the Commission an                     with the provisions of Section                          waive the 30-day operative delay so that
                                              assessment on the operation of the Tier                 15A(b)(11) of the Act.12 Section                        the proposal may become operative
                                              Size Pilot utilizing data covering the                  15A(b)(11) requires that FINRA rules                    immediately upon filing. The
                                              period from November 12, 2012 through                   include provisions governing the form                   Commission believes that waiver of the
                                              June 30, 2013.8 As noted in the 2013                    and content of quotations relating to                   operative delay is consistent with the
                                              Assessment, FINRA believed that the                     securities sold otherwise than on a                     protection of investors and the public
                                              analysis of the data generally showed                   national securities exchange which may                  interest because such waiver will allow
                                              that the Tier Size Pilot had a neutral to               be distributed or published by any                      the pilot program to continue without
                                              positive impact on OTC market quality                   member or person associated with a                      interruption. Therefore, the Commission
                                              for the majority of OTC Equity                          member, and the persons to whom such                    designates the proposal operative upon
                                              Securities and tiers; and that there was                quotations may be supplied.                             filing.17
                                              an overall increase of 13% in the                                                                                  At any time within 60 days of the
                                                                                                         FINRA believes that the extension of
                                              number of customer limit orders that                                                                            filing of the proposed rule change, the
                                                                                                      the Tier Size Pilot until June 10, 2016,
                                              met the minimum quotation sizes to be                                                                           Commission summarily may
                                                                                                      is consistent with the Act in that it
                                              eligible for display under the Pilot tiers.                                                                     temporarily suspend such rule change if
                                                                                                      would provide the Commission and
                                              In the 2013 Assessment, FINRA                                                                                   it appears to the Commission that such
                                                                                                      FINRA with additional time to
                                              recommended adopting the tiers as                                                                               action is necessary or appropriate in the
                                                                                                      determine whether the pilot tiers should
                                              permanent, but extended the pilot                                                                               public interest, for the protection of
                                                                                                      be made permanent.
                                              period to allow more time to gather and                                                                         investors, or otherwise in furtherance of
                                              analyze data after the November 12,                     B. Self-Regulatory Organization’s                       the purposes of the Act. If the
                                              2012 through June 30, 2013 assessment                   Statement on Burden on Competition                      Commission takes such action, the
                                              period.9 On January 29, 2015, FINRA                                                                             Commission shall institute proceedings
                                                                                                        FINRA does not believe that the                       to determine whether the proposed rule
                                              further extended the Pilot period to
                                              permit FINRA and the Commission to                      proposed rule change will result in any                 should be approved or disapproved.
                                              consider the implications of the data                   burden on competition that is not
                                                                                                      necessary or appropriate in furtherance                 IV. Solicitation of Comments
                                              collected since June 30, 2013.10 FINRA
                                              has reviewed this post-June 30, 2013                    of the purposes of the Act.                               Interested persons are invited to
                                              data, and believes that the impact                      C. Self-Regulatory Organization’s                       submit written data, views, and
                                              described in the 2013 Assessment has                    Statement on Comments on the                            arguments concerning the foregoing,
                                              continued to hold (and has improved in                  Proposed Rule Change Received From                      including whether the proposed rule
                                              certain areas).                                         Members, Participants, or Others                        change is consistent with the Act.
                                                 The purpose of this filing is to extend                                                                      Comments may be submitted by any of
                                              the operation of the Tier Size Pilot until                Written comments were neither                         the following methods:
                                              June 10, 2016, to provide FINRA with                    solicited nor received.
                                                                                                                                                              Electronic Comments
                                              additional time to finalize its                         III. Date of Effectiveness of the
                                              recommendation with regard to the Tier                                                                            • Use the Commission’s Internet
                                                                                                      Proposed Rule Change and Timing for                     comment form (http://www.sec.gov/
                                              Size Pilot.                                             Commission Action
                                                 FINRA has filed the proposed rule                                                                            rules/sro.shtml); or
                                              change for immediate effectiveness. The                   Because the foregoing proposed rule                     • Send an email to rule-comments@
                                              operative date of the proposed rule                     change does not: (i) Significantly affect               sec.gov. Please include File Number SR–
                                              change will be December 11, 2015.                       the protection of investors or the public               FINRA–2015–051 on the subject line.
                                              2. Statutory Basis                                      interest; (ii) impose any significant                   Paper Comments
                                                                                                      burden on competition; and (iii) become                   • Send paper comments in triplicate
                                                 FINRA believes that the proposed rule                operative for 30 days from the date on
                                              change is consistent with the provisions                                                                        to Secretary, Securities and Exchange
                                                                                                      which it was filed, or such shorter time                Commission, 100 F Street NE.,
                                              of Section 15A(b)(6) of the Act,11 which                as the Commission may designate, it has
                                              requires, among other things, that                                                                              Washington, DC 20549–1090.
                                                                                                      become effective pursuant to Section                      All submissions should refer to File
                                              FINRA rules must be designed to                         19(b)(3)(A) of the Act 13 and Rule 19b–
                                              prevent fraudulent and manipulative                                                                             Number SR–FINRA–2015–051. This file
                                                                                                      4(f)(6) thereunder.14                                   number should be included on the
                                              acts and practices, to promote just and
                                                                                                        A proposed rule change filed under                    subject line if email is used. To help the
                                              equitable principles of trade, and, in
                                                                                                      Rule 19b–4(f)(6) 15 normally does not                   Commission process and review your
                                                7 FINRA ceased collecting Pilot data for              become operative prior to 30 days after                 comments more efficiently, please use
                                              submission to the Commission on February 13,            the date of filing. However, pursuant to                only one method. The Commission will
                                              2015.                                                   Rule 19b–4(f)(6)(iii),16 the Commission                 post all comments on the Commission’s
                                                8 The assessment is part of the SEC’s comment file
                                                                                                      may designate a shorter time if such                    Internet Web site (http://www.sec.gov/
                                              for SR–FINRA–2011–058 and also is available on
                                              FINRA’s Web site at: http://www.finra.org/Industry/                                                             rules/sro.shtml). Copies of the
                                              Regulation/RuleFilings/2011/P124615 (‘‘Pilot              12 15  U.S.C. 78o–3(b)(11).                           submission, all subsequent
                                                                                                        13 15  U.S.C. 78s(b)(3)(A).
                                              Assessment’’).                                                                                                  amendments, all written statements
                                                9 See Securities Exchange Act Release No. 70839         14 17 CFR 240.19b–4(f)(6). As required under Rule
                                                                                                                                                              with respect to the proposed rule
tkelley on DSK3SPTVN1PROD with NOTICES




                                              (November 8, 2013), 78 FR 68893 (November 15,           19b–4(f)(6)(iii), the Exchange provided the
                                              2013) (Notice of Filing and Immediate Effectiveness     Commission with written notice of its intent to file    change that are filed with the
                                              of File No. SR–FINRA–2013–049).                         the proposed rule change, along with a brief            Commission, and all written
                                                10 See Securities Exchange Act Release No. 74251      description and the text of the proposed rule
                                              (February 11, 2015), 80 FR 8741 (February 18, 2015)     change, at least five business days prior to the date     17 For purposes only of waiving the 30-day
                                              (Notice of Filing and Immediate Effectiveness of        of filing of the proposed rule change.                  operative delay, the Commission has considered the
                                              File No. SR–FINRA–2015–002).                              15 17 CFR 240.19b–4(f)(6).
                                                                                                                                                              proposed rule’s impact on efficiency, competition,
                                                11 15 U.S.C. 78o–3(b)(6).                               16 17 CFR 240.19b–4(f)(6)(iii).                       and capital formation. See 15 U.S.C. 78c(f).



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                                                                          Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices                                                     75157

                                              communications relating to the                          I. Self-Regulatory Organization’s                     Mechanism for all-electronic BX
                                              proposed rule change between the                        Statement of the Terms of Substance of                Options whereby a buy and sell order
                                              Commission and any person, other than                   the Proposed Rule Change                              may be submitted in one order message
                                              those that may be withheld from the                        The Exchange proposes to amend its                 to initiate an auction at a ‘stop price’
                                              public in accordance with the                           Options Pricing at Chapter XV, Section                and seek potential price improvement.
                                              provisions of 5 U.S.C. 552, will be                     2, entitled ‘‘BX Options Market—Fees                  Options are traded electronically on BX
                                              available for Web site viewing and                      and Rebates,’’ which governs pricing for              Options, and all options participants
                                              printing in the Commission’s Public                     BX members using the BX Options                       may respond to a PRISM Auction,4 the
                                              Reference Room, 100 F Street NE.,                       Market (‘‘BX Options’’). The Exchange                 duration of which will be set at 200
                                                                                                                                                            milliseconds.5 PRISM includes auto-
                                              Washington, DC 20549, on official                       proposes to adopt new subsection (5) to
                                                                                                                                                            match functionality in which a
                                              business days between the hours of                      add fees and rebates for BX Price
                                                                                                                                                            Participant (an ‘‘Initiating Participant’’)
                                              10:00 a.m. and 3:00 p.m. Copies of such                 Improvement Auction (‘‘PRISM’’),
                                                                                                                                                            may electronically submit for execution
                                              filing also will be available for                       which is a mechanism for price
                                                                                                                                                            an order it represents as agent on behalf
                                              inspection and copying at the principal                 improvement on BX Options (‘‘Price
                                                                                                                                                            of a Public Customer,6 Professional
                                              office of FINRA. All comments received                  Improvement Mechanism’’).
                                                                                                                                                            customer, broker dealer, or any other
                                              will be posted without change; the                         While the changes proposed herein
                                                                                                                                                            entity (‘‘PRISM Order’’) against
                                              Commission does not edit personal                       are effective upon filing, the Exchange
                                                                                                                                                            principal interest or against any other
                                              identifying information from                            has designated that the amendments be
                                                                                                                                                            order it represents as agent (an
                                              submissions. You should submit only                     operative on November 16, 2015.
                                                                                                                                                            ‘‘Initiating Order’’) provided it submits
                                                                                                         The text of the proposed rule change
                                              information that you wish to make                                                                             the PRISM Order for electronic
                                                                                                      is available on the Exchange’s Web site
                                              publicly available. All submissions                                                                           execution into the PRISM Auction
                                                                                                      at http://nasdaqomxbx.cchwallstreet
                                              should refer to File Number SR–FINRA–                                                                         pursuant to Chapter VI, Section 9.7 The
                                                                                                      .com/, at the principal office of the
                                              2015–051 and should be submitted on                                                                           PRISM Rule describes the circumstances
                                                                                                      Exchange, and at the Commission’s
                                              or before December 22, 2015.                                                                                  under which an Initiating Participant
                                                                                                      Public Reference Room.
                                                                                                                                                            may initiate an Auction. A PRISM Order
                                                For the Commission, by the Division of
                                                                                                      II. Self-Regulatory Organization’s                    that is for a Non-Customer (account of
                                              Trading and Markets, pursuant to delegated
                                                                                                      Statement of the Purpose of, and                      a broker-dealer or any other person or
                                              authority.18
                                                                                                      Statutory Basis for, the Proposed Rule                entity that is not a Public Customer) is
                                              Robert W. Errett,                                       Change                                                always required to improve the same
                                              Deputy Secretary.                                                                                             side of the BX BBO even if there is no
                                                                                                        In its filing with the Commission, the
                                              [FR Doc. 2015–30413 Filed 11–30–15; 8:45 am]                                                                  resting limit order on the book. PRISM
                                                                                                      Exchange included statements
                                              BILLING CODE 8011–01–P                                                                                        Orders that do not comply with the
                                                                                                      concerning the purpose of and basis for
                                                                                                      the proposed rule change and discussed
                                                                                                                                                            remove Price Improving and Post-Only Orders and
                                                                                                      any comments it received on the                       removes the ability to submit Price Improving and
                                              SECURITIES AND EXCHANGE                                 proposed rule change. The text of these               Post-Only Orders into the auction. In the event the
                                              COMMISSION                                              statements may be examined at the                     Exchange determines to amend its order types to
                                                                                                                                                            allow the entry of non-displayed order types, e.g.
                                                                                                      places specified in Item IV below. The                Price Improving or Post-Only Orders, the Exchange
                                              [Release No. 34–76520; File No. SR–BX–                  Exchange has prepared summaries, set                  will file a proposed rule change pursuant to Section
                                              2015–071]                                               forth in sections A, B, and C below, of               19(b)(2) with the Commission to seek approval for
                                                                                                      the most significant aspects of such                  such rule change. See also Options Technical
                                              Self-Regulatory Organizations;                                                                                Update #2015–6.
                                                                                                      statements.                                              4 PRISM Auction eligibility requirements and the
                                              NASDAQ OMX BX, Inc.; Notice of Filing                                                                         early conclusion of the PRISM Auction are, with
                                              and Immediate Effectiveness of                          A. Self-Regulatory Organization’s
                                                                                                                                                            certain other PRISM features, subject to a pilot
                                              Proposed Rule Change To Establish                       Statement of the Purpose of, and                      program scheduled to expire July 18, 2016. See BX
                                              Fees and Rebates Related to BX Price                    Statutory Basis for, the Proposed Rule                Chapter VI, Section 9.
                                                                                                      Change                                                   5 Other exchanges that have price improvement
                                              Improvement Auction (PRISM)                                                                                   auctions have developed different durations. See,
                                                                                                      1. Purpose                                            e.g., CBOE Rule 6.74A(b)(1)(C) (CBOE’s AIM
                                              November 24, 2015.                                                                                            auction has a duration of one second); and BOX
                                                                                                        The Exchange proposes to amend its                  Rule 7150(f)(1) (BOX’s PIP auction has a duration
                                                 Pursuant to Section 19(b)(1) of the                  Chapter XV, Section 2 to adopt new                    of one hundred milliseconds, commencing on the
                                              Securities Exchange Act of 1934                         subsection (5) to add fees and rebates for            dissemination of the PIP broadcast).
                                              (‘‘Act’’) 1, and Rule 19b–4 thereunder,2                PRISM.                                                   6 For purposes of the PRISM Rule in Chapter XV,

                                              notice is hereby given that on November                                                                       Section 2, a Public Customer order does not include
                                                                                                        Effective on or about November 16,                  a Professional order, and therefore a Professional
                                              12, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’                   2015, BX Options is introducing PRISM,                would not be entitled to Public Customer priority
                                              or ‘‘Exchange’’) filed with the Securities              which is codified in BX Chapter VI,                   as described herein. A Public Customer means a
                                              and Exchange Commission (‘‘SEC’’ or                     Section 9 (also known as the ‘‘PRISM                  person that is not a broker or dealer in securities.
                                                                                                                                                            See BX Options Rules at Chapter I, Section 1(a)(50).
                                              ‘‘Commission’’) the proposed rule                       Rule’’).3 PRISM is a Price Improvement                A Public Customer order does not include a
                                              change as described in Items I, II, and                                                                       Professional order for purposes of BX Rule at
                                                                                                         3 See Securities Exchange Act Release Nos. 76301   Chapter VI, Section 10(a)(C)(1)(a), which governs
                                              III, below, which Items have been
                                                                                                      (October 29, 2015), 80 FR 68347 (November 4, 2015)    allocation priority. A ‘‘Professional’’ means any
                                              prepared by the Exchange. The                           (SR–BX–2015–032) (approval order) (‘‘PRISM            person or entity that (i) is not a broker or dealer in
                                              Commission is publishing this notice to                 Approval’’); and 75827 (September 3, 2015), 80 FR     securities, and (ii) places more than 390 orders in
tkelley on DSK3SPTVN1PROD with NOTICES




                                              solicit comments on the proposed rule                   54601 (September 10, 2015) (SR–BX–2015–032)           listed options per day on average during a calendar
                                                                                                      (‘‘PRISM Filing’’). In the PRISM Approval the         month for its own beneficial account(s). A
                                              change from interested persons.                         Exchange noted that it will file a rule change        Participant or a Public Customer may, without
                                                                                                      separately with the Commission to remove Price        limitation, be a Professional. All Professional orders
                                                18 17
                                                                                                      Improving and Post-Only Order types from its          shall be appropriately marked by Participants. See
                                                      CFR 200.30–3(a)(12).                                                                                  BX Rules at Chapter I, Section 1(a)(49).
                                                                                                      Rules. The Exchange will not commence offering
                                                1 15 U.S.C. 78s(b)(1).                                BX PRISM until such time as it has an effective and      7 BX PRISM will only conduct an auction for
                                                2 17 CFR 240.19b–4.                                   operative rule in place from the Commission to        simple (non-complex) Orders.



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Document Created: 2018-03-02 09:11:06
Document Modified: 2018-03-02 09:11:06
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 75155 

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