80_FR_79875 80 FR 79630 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending Its Program That Allows Transactions to Take Place at a Price That Is Below $1 Per Option Contract Until January 5, 2017

80 FR 79630 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending Its Program That Allows Transactions to Take Place at a Price That Is Below $1 Per Option Contract Until January 5, 2017

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 245 (December 22, 2015)

Page Range79630-79632
FR Document2015-32048

Federal Register, Volume 80 Issue 245 (Tuesday, December 22, 2015)
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Pages 79630-79632]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32048]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76667; File No. SR-NYSEARCA-2015-122]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Extending Its 
Program That Allows Transactions to Take Place at a Price That Is Below 
$1 Per Option Contract Until January 5, 2017

December 16, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on December 9, 2015, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 proposes to extend its program that allows 
transactions to take place at a price that is below $1 per option 
contract until January 5, 2017. The proposed rule change is available 
on the Exchange's Web site at www.nyse.com, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below.

[[Page 79631]]

The Exchange has prepared summaries, set forth in sections A, B, and C 
below, of the most significant parts of such statements.

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

1. Purpose
    The purpose of this filing is to extend the Pilot Program \4\ under 
Rule 6.80 to allow accommodation transactions (``Cabinet Trades'') to 
take place at a price that is below $1 per option contract for one 
additional year. The Exchange proposes to extend the program, which is 
due to expire on January 5, 2016 until January 5, 2017.
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    \4\ See Securities Exchange Act Release No. 63476 (December 8, 
2010), 75 FR 77930 (December 14, 2010)(SR-NYSE Arca-2010-109).
---------------------------------------------------------------------------

    An ``accommodation'' or ``cabinet'' trade refers to trades in 
listed options on the Exchange that are worthless or not actively 
traded. Cabinet trading is generally conducted in accordance with the 
Exchange Rules, except as provided in Exchange Rule 6.80, Accommodation 
Transactions (Cabinet Trades), which sets forth specific procedures for 
engaging in cabinet trades. Rule 6.80 currently provides for cabinet 
transactions to occur via open outcry at a cabinet price of a $1 per 
option contract in any options series open for trading in the Exchange, 
except that the Rule is not applicable to trading in option classes 
participating in the Penny Pilot Program. Under the procedures, bids 
and offers (whether opening or closing a position) at a price of $1 per 
option contract may be represented in the trading crowd by a Floor 
Broker or by a Market Maker or provided in response to a request by a 
Trading Official, a Floor Broker or a Market Maker, but must yield 
priority to all resting orders in the Cabinet (those orders held by the 
Trading Official, and which resting cabinet orders may be closing 
only). Provided that both the buyer and the seller yield to orders 
resting in the cabinet book, opening cabinet bids can trade with 
opening cabinet offers at $1 per option contract.
    The Exchange has temporarily amended the procedures through January 
5, 2016 to allow transactions to take place in open outcry at a price 
of at least $0 but less than $1 per option contract. These lower-priced 
transactions are permitted to be traded pursuant to the same procedures 
applicable to $1 cabinet trades, except that (i) bids and offers for 
opening transactions are only permitted to accommodate closing 
transactions in order to limit use of the procedure to liquidations of 
existing positions, and (ii) the procedures are also made available for 
trading in option classes participating in the Penny Pilot Program.\5\ 
The Exchange believes that allowing a price of at least $0 but less 
than $1 better accommodates the closing of options positions in series 
that are worthless or not actively traded, particularly in the event 
where there has been a significant movement in the price of the 
underlying security that results in a large number of series being out-
of-the-money. For example, a market participant might have a long 
position in a put series with a strike price of $30 and the underlying 
stock might be trading at $100. In such an instance, there might not 
otherwise be a market for that person to close-out the position even at 
the $1 cabinet price (e.g., the series might be quoted no bid).
---------------------------------------------------------------------------

    \5\ Currently, the $1 cabinet trading procedures are limited to 
options classes traded in $0.05 or $0.10 standard increment. The $1 
cabinet trading procedures are not available in Penny Pilot Program 
classes because in those classes an option series can trade in a 
standard increment as low as $0.01 per share (or $1.00 per option 
contract with a 100 share multiplier). Because the temporary 
procedures allow trading below $0.01 per share (or $1.00 per option 
contract with a 100 share multiplier), the procedures are available 
for all classes, including those classes participating in the Penny 
Pilot Program.
---------------------------------------------------------------------------

    As with other accommodation liquidations under Rule 6.80, 
transactions that occur for less than $1 will not be disseminated to 
the public on the consolidated tape. In addition, as with other 
accommodation liquidations under Rule 6.80, the transactions will be 
exempt from the Consolidated Options Audit Trail (``COATS'') 
requirements of Exchange Rule 6.67 Order Format and System Entry 
Requirements. However, the Exchange will maintain quotation, order and 
transaction information for the transactions in the same format as the 
COATS data is maintained. In this regard, all transactions for less 
than $1 must be reported to the Exchange following the close of each 
business day.
2. Statutory Basis
    The Exchange believes that this proposed rule change is consistent 
with section 6(b) of the Securities Exchange Act of 1934 (``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, promote just and equitable principles 
of trade, remove impediments to and perfect the mechanism of a free and 
open market and a national market system, and, in general, to protect 
investors and the public interest. The Exchange believes that allowing 
for liquidations at a price less than $1 per option contract will 
better facilitate the closing of options positions that are worthless 
or not actively trading, especially in Penny Pilot issues where Cabinet 
Trades are not otherwise permitted.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    Because the foregoing proposed rule 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, provided that the self-regulatory 
organization has given the Commission written notice of its intent to 
file 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,\8\ the proposed rule change has become 
effective pursuant to section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \8\ The Exchange has fulfilled this requirement.
    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Under Rule 19b-4(f)(6) of the Act,\11\ the proposal does not become 
operative for 30 days after the date of its filing, or such shorter 
time as the Commission may designate if consistent with the protection 
of investors and the public interest. The Exchange has requested that 
the Commission waive the 30-day operative delay period after which a 
proposed rule change under Rule 19b-4(f)(6) becomes operative so that 
the pilot may continue without

[[Page 79632]]

interruption. The Commission believes that waiver of the 30-day 
operative delay is consistent with the protection of investors and the 
public interest because it will allow the pilot to continue 
uninterrupted, thereby avoiding any potential investor confusion that 
could result from a temporary interruption in the pilot and allowing 
members to continue to benefit from the program. Based on the 
foregoing, the Commission hereby waives the 30-day operative delay and 
designates the proposal operative upon filing.\12\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ For purposes only of waiving the 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 such 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 under 
section 19(b)(2)(B) \13\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEARCA-2015-122 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-NYSEARCA-2015-122. 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-NYSEARCA-2015-122, and 
should be submitted on or before January 12, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-32048 Filed 12-21-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  79630                      Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices

                                                  section 6(b)(5) of the Act.11. [sic]                    furtherance of the purposes of the Act.                 For the Commission, by the Division of
                                                  Finally, the Exchange believes that the                 If the Commission takes such action, the              Trading and Markets, pursuant to delegated
                                                  non-substantive changes discussed                       Commission shall institute proceedings                authority.14
                                                  above will contribute to the protection                 to determine whether the proposed rule                Robert W. Errett,
                                                  of investors and the public interest by                 should be approved or disapproved.                    Deputy Secretary.
                                                  helping to avoid confusion with respect                                                                       [FR Doc. 2015–32046 Filed 12–21–15; 8:45 am]
                                                  to Exchange Rules.                                      IV. Solicitation of Comments
                                                                                                                                                                BILLING CODE 8011–01–P
                                                                                                            Interested persons are invited to
                                                  B. Self-Regulatory Organization’s
                                                                                                          submit written data, views, and
                                                  Statement on Burden on Competition
                                                                                                          arguments concerning the foregoing,                   SECURITIES AND EXCHANGE
                                                    The Exchange does not believe that                    including whether the proposed rule                   COMMISSION
                                                  the proposed rule change will impose                    change is consistent with the Act.
                                                  any burden on competition not                                                                                 [Release No. 34–76667; File No. SR–
                                                                                                          Comments may be submitted by any of                   NYSEARCA–2015–122]
                                                  necessary or appropriate in furtherance                 the following methods:
                                                  of the purposes of the Act. To the                                                                            Self-Regulatory Organizations; NYSE
                                                  contrary, allowing the Exchange to                      Electronic Comments
                                                                                                                                                                Arca, Inc.; Notice of Filing and
                                                  implement identical rules across each of                  • Use the Commission’s Internet                     Immediate Effectiveness of Proposed
                                                  the BGM Affiliated Exchanges does not                   comment form (http://www.sec.gov/                     Rule Change Extending Its Program
                                                  present any competitive issues, but                     rules/sro.shtml); or                                  That Allows Transactions to Take
                                                  rather is designed to provide greater                     • Send an email to rule-                            Place at a Price That Is Below $1 Per
                                                  harmonization among Exchange, EDGX,                     comments@sec.gov. Please include File                 Option Contract Until January 5, 2017
                                                  BZX, and EDGA rules of similar                          Number SR–BYX–2015–48 on the
                                                  purpose. The proposed rule change                       subject line.                                         December 16, 2015.
                                                  should, therefore, result in less                                                                                Pursuant to section 19(b)(1) 1 of the
                                                  burdensome and more efficient                           Paper Comments                                        Securities Exchange Act of 1934 (the
                                                  regulatory compliance as well as a better                  • Send paper comments in triplicate                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  understanding of Exchange Rules for                     to Brent J. Fields, Secretary, Securities             notice is hereby given that, on December
                                                  common members of the BGM Affiliated                    and Exchange Commission, 100 F Street                 9, 2015, NYSE Arca, Inc. (the
                                                  Exchanges.                                              NE., Washington, DC 20549–1090.                       ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                  C. Self-Regulatory Organization’s                       All submissions should refer to File                  the Securities and Exchange
                                                  Statement on Comments on the                            Number SR–BYX–2015–48. This file                      Commission (the ‘‘Commission’’) the
                                                  Proposed Rule Change Received From                      number should be included on the                      proposed rule change as described in
                                                  Members, Participants, or Others                        subject line if email is used. To help the            Items I and II below, which Items have
                                                                                                          Commission process and review your                    been prepared by the self-regulatory
                                                    The Exchange has neither solicited                                                                          organization. The Commission is
                                                  nor received written comments on the                    comments more efficiently, please use
                                                                                                          only one method. The Commission will                  publishing this notice to solicit
                                                  proposed rule change.
                                                                                                          post all comments on the Commission’s                 comments on the proposed rule change
                                                  III. Date of Effectiveness of the                       Internet Web site (http://www.sec.gov/                from interested persons.
                                                  Proposed Rule Change and Timing for                     rules/sro.shtml). Copies of the                       I. Self-Regulatory Organization’s
                                                  Commission Action                                       submission, all subsequent                            Statement of the Terms of the Substance
                                                     Because the foregoing proposed rule                  amendments, all written statements                    of the Proposed Rule Change
                                                  change does not: (A) Significantly affect               with respect to the proposed rule
                                                  the protection of investors or the public               change that are filed with the                          The Exchange proposes to extend its
                                                  interest; (B) impose any significant                    Commission, and all written                           program that allows transactions to take
                                                  burden on competition; and (C) become                   communications relating to the                        place at a price that is below $1 per
                                                  operative for 30 days from the date on                  proposed rule change between the                      option contract until January 5, 2017.
                                                  which it was filed, or such shorter time                Commission and any person, other than                 The proposed rule change is available
                                                  as the Commission may designate, it has                 those that may be withheld from the                   on the Exchange’s Web site at
                                                  become effective pursuant to section                    public in accordance with the                         www.nyse.com, at the principal office of
                                                  19(b)(3)(A) of the Act 12 and paragraph                 provisions of 5 U.S.C. 552, will be                   the Exchange, and at the Commission’s
                                                  (f)(6) of Rule 19b–4 thereunder.13                      available for Web site viewing and                    Public Reference Room.
                                                     At any time within 60 days of the                    printing in the Commission’s Public                   II. Self-Regulatory Organization’s
                                                  filing of the proposed rule change, the                 Reference Room, 100 F Street NE.,                     Statement of the Purpose of, and
                                                  Commission summarily may                                Washington, DC 20549 on official                      Statutory Basis for, the Proposed Rule
                                                  temporarily suspend such rule change if                 business days between the hours of                    Change
                                                  it appears to the Commission that such                  10:00 a.m. and 3:00 p.m. Copies of such
                                                  action is: (1) Necessary or appropriate in              filing also will be available for                       In its filing with the Commission, the
                                                  the public interest; (2) for the protection             inspection and copying at the principal               self-regulatory organization included
                                                  of investors; or (3) otherwise in                       office of the Exchange. All comments                  statements concerning the purpose of,
                                                                                                          received will be posted without change;               and basis for, the proposed rule change
                                                    11 Id.
                                                                                                          the Commission does not edit personal                 and discussed any comments it received
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    12 15  U.S.C. 78s(b)(3)(A).                           identifying information from                          on the proposed rule change. The text
                                                    13 17  CFR 240.19b–4(f)(6). As required under Rule
                                                                                                          submissions. You should submit only                   of those statements may be examined at
                                                  19b–4(f)(6)(iii), the Exchange provided the                                                                   the places specified in Item IV below.
                                                  Commission with written notice of its intent to file    information that you wish to make
                                                  the proposed rule change, along with a brief            available publicly. All submissions                     14 17
                                                  description and the text of the proposed rule                                                                         CFR 200.30–3(a)(12).
                                                                                                          should refer to File Number SR–BYX–                     1 15 U.S.C.78s(b)(1).
                                                  change, at least five business days prior to the date
                                                  of filing of the proposed rule change, or such
                                                                                                          2015–48, and should be submitted on or                  2 15 U.S.C. 78a.

                                                  shorter time as designated by the Commission.           before January 12, 2016.                                3 17 CFR 240.19b–4.




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                                                                             Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices                                                     79631

                                                  The Exchange has prepared summaries,                    order to limit use of the procedure to                  open market and a national market
                                                  set forth in sections A, B, and C below,                liquidations of existing positions, and                 system, and, in general, to protect
                                                  of the most significant parts of such                   (ii) the procedures are also made                       investors and the public interest. The
                                                  statements.                                             available for trading in option classes                 Exchange believes that allowing for
                                                                                                          participating in the Penny Pilot                        liquidations at a price less than $1 per
                                                  A. Self-Regulatory Organization’s
                                                  Statement of the Purpose of, and                        Program.5 The Exchange believes that                    option contract will better facilitate the
                                                  Statutory Basis for, the Proposed Rule                  allowing a price of at least $0 but less                closing of options positions that are
                                                  Change                                                  than $1 better accommodates the closing                 worthless or not actively trading,
                                                                                                          of options positions in series that are                 especially in Penny Pilot issues where
                                                  1. Purpose                                              worthless or not actively traded,                       Cabinet Trades are not otherwise
                                                     The purpose of this filing is to extend              particularly in the event where there has               permitted.
                                                  the Pilot Program 4 under Rule 6.80 to                  been a significant movement in the
                                                                                                                                                                  B. Self-Regulatory Organization’s
                                                  allow accommodation transactions                        price of the underlying security that
                                                                                                                                                                  Statement on Burden on Competition
                                                  (‘‘Cabinet Trades’’) to take place at a                 results in a large number of series being
                                                  price that is below $1 per option                       out-of-the-money. For example, a                          The Exchange does not believe that
                                                  contract for one additional year. The                   market participant might have a long                    the proposed rule change will impose
                                                  Exchange proposes to extend the                         position in a put series with a strike                  any burden on competition that is not
                                                  program, which is due to expire on                      price of $30 and the underlying stock                   necessary or appropriate in furtherance
                                                  January 5, 2016 until January 5, 2017.                  might be trading at $100. In such an                    of the purposes of the Act.
                                                     An ‘‘accommodation’’ or ‘‘cabinet’’                  instance, there might not otherwise be a                C. Self-Regulatory Organization’s
                                                  trade refers to trades in listed options on             market for that person to close-out the                 Statement on Comments on the
                                                  the Exchange that are worthless or not                  position even at the $1 cabinet price                   Proposed Rule Change Received From
                                                  actively traded. Cabinet trading is                     (e.g., the series might be quoted no bid).              Members, Participants, or Others
                                                  generally conducted in accordance with                     As with other accommodation
                                                  the Exchange Rules, except as provided                  liquidations under Rule 6.80,                             No written comments were solicited
                                                  in Exchange Rule 6.80, Accommodation                    transactions that occur for less than $1                or received with respect to the proposed
                                                  Transactions (Cabinet Trades), which                    will not be disseminated to the public                  rule change.
                                                  sets forth specific procedures for                      on the consolidated tape. In addition, as               III. Date of Effectiveness of the
                                                  engaging in cabinet trades. Rule 6.80                   with other accommodation liquidations                   Proposed Rule Change and Timing for
                                                  currently provides for cabinet                          under Rule 6.80, the transactions will be               Commission Action
                                                  transactions to occur via open outcry at                exempt from the Consolidated Options
                                                  a cabinet price of a $1 per option                      Audit Trail (‘‘COATS’’) requirements of                   Because the foregoing proposed rule
                                                  contract in any options series open for                 Exchange Rule 6.67 Order Format and                     does not (i) significantly affect the
                                                  trading in the Exchange, except that the                System Entry Requirements. However,                     protection of investors or the public
                                                  Rule is not applicable to trading in                    the Exchange will maintain quotation,                   interest; (ii) impose any significant
                                                  option classes participating in the                     order and transaction information for                   burden on competition; and (iii) become
                                                  Penny Pilot Program. Under the                          the transactions in the same format as                  operative for 30 days from the date on
                                                  procedures, bids and offers (whether                    the COATS data is maintained. In this                   which it was filed, or such shorter time
                                                  opening or closing a position) at a price               regard, all transactions for less than $1               as the Commission may designate if
                                                  of $1 per option contract may be                        must be reported to the Exchange                        consistent with the protection of
                                                  represented in the trading crowd by a                   following the close of each business                    investors and the public interest,
                                                  Floor Broker or by a Market Maker or                    day.                                                    provided that the self-regulatory
                                                  provided in response to a request by a                                                                          organization has given the Commission
                                                  Trading Official, a Floor Broker or a                   2. Statutory Basis                                      written notice of its intent to file the
                                                  Market Maker, but must yield priority to                   The Exchange believes that this                      proposed rule change at least five
                                                  all resting orders in the Cabinet (those                proposed rule change is consistent with                 business days prior to the date of filing
                                                  orders held by the Trading Official, and                section 6(b) of the Securities Exchange                 of the proposed rule change or such
                                                  which resting cabinet orders may be                     Act of 1934 (‘‘Act’’), 6 in general, and                shorter time as designated by the
                                                  closing only). Provided that both the                   furthers the objectives of section 6(b)(5)              Commission,8 the proposed rule change
                                                  buyer and the seller yield to orders                    of the Act 7 in particular, in that it is               has become effective pursuant to section
                                                  resting in the cabinet book, opening                    designed to prevent fraudulent and                      19(b)(3)(A) of the Act 9 and Rule
                                                  cabinet bids can trade with opening                     manipulative acts and practices,                        19b–4(f)(6) thereunder.10
                                                  cabinet offers at $1 per option contract.               promote just and equitable principles of                  Under Rule 19b–4(f)(6) of the Act,11
                                                     The Exchange has temporarily                         trade, remove impediments to and                        the proposal does not become operative
                                                  amended the procedures through                          perfect the mechanism of a free and                     for 30 days after the date of its filing, or
                                                  January 5, 2016 to allow transactions to                                                                        such shorter time as the Commission
                                                  take place in open outcry at a price of                    5 Currently, the $1 cabinet trading procedures are   may designate if consistent with the
                                                  at least $0 but less than $1 per option                 limited to options classes traded in $0.05 or $0.10     protection of investors and the public
                                                  contract. These lower-priced                            standard increment. The $1 cabinet trading              interest. The Exchange has requested
                                                                                                          procedures are not available in Penny Pilot Program
                                                  transactions are permitted to be traded                 classes because in those classes an option series can
                                                                                                                                                                  that the Commission waive the 30-day
                                                  pursuant to the same procedures                         trade in a standard increment as low as $0.01 per       operative delay period after which a
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  applicable to $1 cabinet trades, except                 share (or $1.00 per option contract with a 100 share    proposed rule change under Rule
                                                  that (i) bids and offers for opening                    multiplier). Because the temporary procedures           19b–4(f)(6) becomes operative so that
                                                                                                          allow trading below $0.01 per share (or $1.00 per
                                                  transactions are only permitted to                      option contract with a 100 share multiplier), the
                                                                                                                                                                  the pilot may continue without
                                                  accommodate closing transactions in                     procedures are available for all classes, including
                                                                                                                                                                   8 The  Exchange has fulfilled this requirement.
                                                                                                          those classes participating in the Penny Pilot
                                                    4 See                                                 Program.                                                 9 15 U.S.C. 78s(b)(3)(A).
                                                         Securities Exchange Act Release No. 63476
                                                                                                             6 15 U.S.C. 78f(b).                                   10 17 CFR 240.19b–4(f)(6).
                                                  (December 8, 2010), 75 FR 77930 (December 14,
                                                  2010)(SR–NYSE Arca–2010–109).                              7 15 U.S.C. 78f(b)(5).                                11 Id.




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                                                  79632                      Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices

                                                  interruption. The Commission believes                   the submission, all subsequent                        Regulation, Inc. (‘‘FINRA Regulation’’),
                                                  that waiver of the 30-day operative                     amendments, all written statements                    and to amend the Plan of Allocation and
                                                  delay is consistent with the protection                 with respect to the proposed rule                     Delegation of Functions by NASD to
                                                  of investors and the public interest                    change that are filed with the                        Subsidiaries (‘‘Delegation Plan’’) and the
                                                  because it will allow the pilot to                      Commission, and all written                           By-Laws of FINRA Regulation (‘‘FINRA
                                                  continue uninterrupted, thereby                         communications relating to the                        Regulation By-Laws’’); delete the By-
                                                  avoiding any potential investor                         proposed rule change between the                      Laws of FINRA Dispute Resolution
                                                  confusion that could result from a                      Commission and any person, other than                 (‘‘FINRA Dispute Resolution By-Laws’’);
                                                  temporary interruption in the pilot and                 those that may be withheld from the                   and make conforming amendments to
                                                  allowing members to continue to benefit                 public in accordance with the                         FINRA rules in order to implement the
                                                  from the program. Based on the                          provisions of 5 U.S.C. 552, will be                   merger. In addition, the proposed rule
                                                  foregoing, the Commission hereby                        available for Web site viewing and                    change would amend the FINRA
                                                  waives the 30-day operative delay and                   printing in the Commission’s Public                   Regulation By-Laws to increase the total
                                                  designates the proposal operative upon                  Reference Room, 100 F Street NE.,                     number of directors who could serve on
                                                  filing.12                                               Washington, DC 20549 on official                      the FINRA Regulation board. The
                                                     At any time within 60 days of the                    business days between the hours of                    proposed rule change was published for
                                                  filing of such proposed rule change, the                10:00 a.m. and 3:00 p.m. Copies of such               comment in the Federal Register on
                                                  Commission summarily may                                filing also will be available for                     October 13, 2015.3 The Commission
                                                  temporarily suspend such rule change if                 inspection and copying at the principal               received five comment letters on the
                                                  it appears to the Commission that such                  office of the Exchange. All comments                  proposed rule change.4 On December 1,
                                                  action is necessary or appropriate in the               received will be posted without change;               2015, 5 the Commission received a
                                                  public interest, for the protection of                  the Commission does not edit personal                 response to the comments from FINRA.6
                                                  investors, or otherwise in furtherance of               identifying information from                          This order approves the proposed rule
                                                  the purposes of the Act. If the                         submissions. You should submit only                   change.
                                                  Commission takes such action, the                       information that you wish to make
                                                  Commission shall institute proceedings                  available publicly. All submissions                   II. Description of the Proposed Rule
                                                  under section 19(b)(2)(B) 13 of the Act to              should refer to File Number SR–                       Change
                                                  determine whether the proposed rule                     NYSEARCA–2015–122, and should be
                                                  change should be approved or                                                                                    FINRA has proposed to merge FINRA
                                                                                                          submitted on or before January 12, 2016.
                                                  disapproved.                                                                                                  Dispute Resolution into FINRA
                                                                                                            For the Commission, by the Division of              Regulation. To implement the merger,
                                                  IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated            FINRA proposes to make conforming
                                                                                                          authority.14
                                                    Interested persons are invited to                                                                           amendments to the Delegation Plan,
                                                                                                          Robert W. Errett,                                     amend the FINRA Regulation By-Laws
                                                  submit written data, views, and
                                                                                                          Deputy Secretary.                                     to incorporate substantive and unique
                                                  arguments concerning the foregoing,
                                                  including whether the proposed rule                     [FR Doc. 2015–32048 Filed 12–21–15; 8:45 am]          provisions from the FINRA Dispute
                                                  change is consistent with the Act.                      BILLING CODE 8011–01–P                                Resolution By-Laws and to make other
                                                  Comments may be submitted by any of                                                                           conforming amendments, delete the
                                                  the following methods:                                                                                        FINRA Dispute Resolution By-Laws in
                                                                                                          SECURITIES AND EXCHANGE                               their entirety, and make conforming
                                                  Electronic Comments                                     COMMISSION                                            amendments to FINRA rules.7 FINRA
                                                     • Use the Commission’s Internet                      [Release No. 34–76670; File No. SR–FINRA–
                                                  comment form (http://www.sec.gov/                       2015–034]                                                3 See Securities Exchange Act Release No. 76082

                                                  rules/sro.shtml); or                                                                                          (October 6, 2015), 80 FR 61545 (‘‘Notice’’).
                                                     • Send an email to rule-comments@                    Self-Regulatory Organizations;                           4 See letters from Hugh D. Berkson, President,

                                                                                                                                                                Public Investors Arbitration Bar Association, dated
                                                  sec.gov. Please include File Number SR–                 Financial Industry Regulatory                         November 3, 2015 (‘‘PIABA Letter’’); Ron A.
                                                  NYSEARCA–2015–122 on the subject                        Authority, Inc.; Order Approving a                    Rhoades, dated November 3, 2015 (‘‘Rhoades
                                                  line.                                                   Proposed Rule Change To Merge                         Letter’’); Jill Gross, Director, Pace Investor Rights
                                                                                                          FINRA Dispute Resolution, Inc. Into                   Clinic, Pace Law School, dated November 3, 2015
                                                  Paper Comments                                                                                                (‘‘PIRC Letter’’); Larry A. Tawwater, President,
                                                                                                          and With FINRA Regulation, Inc.
                                                    • Send paper comments in triplicate                                                                         American Association for Justice, dated November
                                                                                                                                                                3, 2015 (‘‘AAJ Letter’’); and William A. Jacobson,
                                                  to Secretary, Securities and Exchange                   December 16, 2015.
                                                                                                                                                                Director, Cornell Securities Law Clinic, Cornell Law
                                                  Commission, 100 F Street NE.,                           I. Introduction                                       School, dated November 4, 2015 (‘‘CSLC Letter’’).
                                                  Washington, DC 20549–1090.                                                                                       5 See Securities Exchange Act Release No. 76444
                                                                                                             On September 29, 2015, the Financial               (November 16, 2015), 80 FR 72775 (November 20,
                                                  All submissions should refer to File
                                                                                                          Industry Regulatory Authority, Inc.                   2015) extending the time for the Commission to act
                                                  Number SR–NYSEARCA–2015–122.                                                                                  on the proposed rule change.
                                                                                                          (‘‘FINRA’’) filed with the Securities and
                                                  This file number should be included on                                                                           6 See letter from Meredith Cordisco, Assistant
                                                                                                          Exchange Commission (‘‘SEC’’ or
                                                  the subject line if email is used. To help                                                                    General Counsel, FINRA, dated December 1, 2015
                                                                                                          ‘‘Commission’’), pursuant to Section                  (‘‘FINRA Letter’’).
                                                  the Commission process and review
                                                                                                          19(b)(1) of the Securities Exchange Act                  7 The current FINRA rulebook consists of: (1)
                                                  your comments more efficiently, please
                                                                                                          of 1934 (‘‘Act’’) 1 and Rule 19b–4                    FINRA Rules; (2) NASD Rules; and (3) rules
                                                  use only one method. The Commission                                                                           incorporated from New York Stock Exchange LLC
                                                                                                          thereunder,2 a proposed rule change to
                                                  will post all comments on the                                                                                 (‘‘NYSE’’) (‘‘Incorporated NYSE Rules’’) (together,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          merge its dispute resolution subsidiary,              the NASD Rules and Incorporated NYSE Rules are
                                                  Commission’s Internet Web site (http://
                                                                                                          FINRA Dispute Resolution, Inc.                        referred to as the ‘‘Transitional Rulebook’’). While
                                                  www.sec.gov/rules/sro.shtml). Copies of
                                                                                                          (‘‘FINRA Dispute Resolution’’) into and               the NASD Rules generally apply to all FINRA
                                                                                                          with its regulatory subsidiary, FINRA                 members, the Incorporated NYSE Rules apply only
                                                    12 For purposes only of waiving the operative
                                                                                                                                                                to those members of FINRA that are also members
                                                  delay, the Commission has considered the proposed                                                             of the NYSE (‘‘Dual Members’’). The FINRA Rules
                                                                                                            14 17 CFR 200.30–3(a)(12).
                                                  rule’s impact on efficiency, competition, and capital                                                         apply to all FINRA members, unless such rules
                                                  formation. See 15 U.S.C. 78c(f).                          1 15 U.S.C. 78s(b)(1).                              have a more limited application by their terms. For
                                                    13 15 U.S.C. 78s(b)(2)(B).                              2 17 CFR 240.19b–4.                                 more information about the rulebook consolidation



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Document Created: 2015-12-22 02:31:08
Document Modified: 2015-12-22 02:31:08
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 79630 

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