81 FR 14912 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Deadline for Implementing Rule 6.61(a)(2) and (3)
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 53 (March 18, 2016)
Federal Register Volume 81, Issue 53 (March 18, 2016)
| Page Range | 14912-14914 | |
| FR Document | 2016-06097 |
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)] [Notices] [Pages 14912-14914] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06097] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77357; File No. SR-NYSEARCA-2016-41] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Deadline for Implementing Rule 6.61(a)(2) and (3) March 14, 2016. 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 March 4, 2016, 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. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend the deadline for implementing Rule 6.61(a)(2) and (3) until July 31, 2016. 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. 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is proposing to extend the deadline for implementing Rule 6.61(a)(2) and (3) until July 31, 2016. The current implementation deadline is March 4, 2016. In March 2015, the Commission approved Rule 6.61, which provides a price protection risk mechanism for Market Maker quotes.\4\ Rule 6.61 provides two layers of price protection to incoming Market Maker quotes, rejecting those Market Maker quotes that exceed certain parameters, as a risk mitigation tool.\5\ The Exchange has [[Page 14913]] implemented the first layer of price protection (the NBBO Reasonability Check) and has until one year from the date of the Approval Order to implement the second layer of protection (the Underlying Stock Price/ Strike Price Check) pursuant to Commentary .01 to Rule 6.61, which is March 4, 2016 (the ``March 4th Deadline'').\6\ --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 74441 (March 4, 2015), 80 FR 12664 (March 10, 2015) (SR-NYSEArca-2014-150) (Approval Order); see also Securities Exchange Act Release No. 74018 (January 8, 2015), 80 FR 1982 (January 14, 2015) (SR-NYSEArca-2014-150) (Notice). \5\ The first layer of price protection assesses incoming sell quotes against the NBB and incoming buy quotes against the NBO (the ``NBBO Price Reasonability Check''). Specifically, per Rule 6.61(a)(1), provided that an NBBO is available, a Market Maker quote would be rejected if it is priced a specified dollar amount or percentage through the contra-side NBBO. The second layer of price protection assesses the price of call or put bids against a specified benchmark (the ``Underlying Stock Price/Strike Price Check''), per Rule 6.61(a)(2) and (3). This second layer of protection applies to bids in call options or put options when (1) there is no NBBO available, for example, during pre-opening or prior to conducting a re-opening after a trading halt, or (2) if the NBBO is so wide as to not reflect an appropriate price for the respective options series. \6\ See Securities Exchange Act Release No. 75156 (June 11, 2015), 80 FR 34756 (June 17, 2015) (SR-NYSEArca-2015-45). --------------------------------------------------------------------------- Because the Exchange has not yet implemented the Underlying Stock Price/Strike Price Check, the Exchange proposes to modify Commentary .01 to Rule 6.61 to extend the March 4th Deadline to implement Rule 6.61(a)(2) and (3) until July 31, 2016. The Exchange has finalized the technology related to this aspect of the Rule and will be filing with the Commission a separate proposed rule change to modify the Rule as it relates to the Underlying Stock Price/Strike Price Check. The Exchange believes the proposed extension would provide the Exchange with sufficient time to review the proposed modifications with the Commission prior to implementing the rule, as modified. Finally, the Exchange believes that because the Underlying Stock Price/Strike Price Check is an approved rule of the Exchange, providing the Exchange with additional time to implement the Rule would ensure that Market Makers and investors are afforded the opportunity to benefit from this price protection feature once it is implemented. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act,\7\ in general, and furthers the objectives of Section 6(b)(5),\8\ in particular, in that it is designed to promote just and equitable principles of trade, to 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. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b). \8\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- Specifically, the Exchange believes the proposal promotes just and equitable principles of trade and removes impediments to, and perfects the mechanism of, a free and open market and a national market system because an extension of the March 4th Deadline would enable the Exchange to implement the finalized technology related to the Underlying Stock Price/Strike Price Check. Moreover, the proposed extension would assist with the maintenance of a fair and orderly market and protect investors and the public interest because it would afford the Exchange additional time to file, and review, with the Commission a proposed modification of the Rule as it relates to the Underlying Stock Price/Strike Price Check prior to implementing the rule, as modified. Finally, the Exchange believes that because the Underlying Stock Price/Strike Price Check is an approved rule of the Exchange, providing the Exchange with additional time to implement the Rule would ensure that Market Makers and investors are afforded the opportunity to benefit from this price protection feature once it is implemented--even if in modified form. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is not designed to address any competitive issues, but rather, to extend the deadline for implementing the Underlying Stock Price/Strike Price Check pending finalization of the technology associated with that feature. 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 proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\ --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A). \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Commission has waived this requirement in this case. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally does not become operative for 30 days after the date of filing. However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest as it will allow the Exchange to immediately extend the implementation deadline for the Underlying Stock Price/Strike Price Check without delay and provide the Exchange additional time to implement the technology associated with such price protection. Accordingly, the Commission hereby waives the 30-day operative delay requirement and designates the proposed rule change as operative upon filing.\13\ --------------------------------------------------------------------------- \11\ 17 CFR 240.19b-4(f)(6). \12\ 17 CFR 240.19b-4(f)(6)(iii). \13\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse 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-2016-41 on the subject line. [[Page 14914]] 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-2016-41. 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 the 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-2016-41, and should be submitted on or before April 8, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\14\ --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2016-06097 Filed 3-17-16; 8:45 am] BILLING CODE 8011-01-P
![14912 Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Notices
participants at other exchanges, such amendments, all written statements solicit comments on the proposed rule
market participants are welcome to with respect to the proposed rule change from interested persons.
become CBOE market participants. change that are filed with the
I. Self-Regulatory Organization’s
Commission, and all written
C. Self-Regulatory Organization’s Statement of the Terms of Substance of
communications relating to the
Statement on Comments on the the Proposed Rule Change
proposed rule change between the
Proposed Rule Change Received From The Exchange proposes to extend the
Commission and any person, other than
Members, Participants, or Other deadline for implementing Rule
those that may be withheld from the
The Exchange neither solicited nor public in accordance with the 6.61(a)(2) and (3) until July 31, 2016.
received comments on the proposed provisions of 5 U.S.C. 552, will be The proposed rule change is available
rule change. available for Web site viewing and on the Exchange’s Web site at
printing in the Commission’s Public www.nyse.com, at the principal office of
II. Date of Effectiveness of the Proposed
Reference Room, 100 F Street NE., the Exchange, and at the Commission’s
Rule Change and Timing for
Washington, DC 20549 on official Public Reference Room.
Commission Action
business days between the hours of II. Self-Regulatory Organization’s
The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of such
effective pursuant to Section 19(b)(3)(A) Statement of the Purpose of, and
filing also will be available for Statutory Basis for, the Proposed Rule
of the Act 11 and paragraph (f) of Rule inspection and copying at the principal
19b–4 12 thereunder. At any time within Change
office of the Exchange. All comments
60 days of the filing of the proposed rule received will be posted without change; In its filing with the Commission, the
change, the Commission summarily may the Commission does not edit personal self-regulatory organization included
temporarily suspend such rule change if identifying information from statements concerning the purpose of,
it appears to the Commission that such submissions. You should submit only and basis for, the proposed rule change
action is necessary or appropriate in the information that you wish to make and discussed any comments it received
public interest, for the protection of available publicly. All submissions on the proposed rule change. The text
investors, or otherwise in furtherance of should refer to File Number SR–CBOE– of those statements may be examined at
the purposes of the Act. If the 2016–018, and should be submitted on the places specified in Item IV below.
Commission takes such action, the or before April 8, 2016. The Exchange has prepared summaries,
Commission will institute proceedings set forth in sections A, B, and C below,
to determine whether the proposed rule For the Commission, by the Division of of the most significant parts of such
Trading and Markets, pursuant to delegated
change should be approved or authority.13
statements.
disapproved.
Robert W. Errett, A. Self-Regulatory Organization’s
IV. Solicitation of Comments Deputy Secretary. Statement of the Purpose of, and the
Interested persons are invited to [FR Doc. 2016–06092 Filed 3–17–16; 8:45 am] Statutory Basis for, the Proposed Rule
submit written data, views, and BILLING CODE 8011–01–P
Change
arguments concerning the foregoing, 1. Purpose
including whether the proposed rule
SECURITIES AND EXCHANGE The Exchange is proposing to extend
change is consistent with the Act.
COMMISSION the deadline for implementing Rule
Comments may be submitted by any of
6.61(a)(2) and (3) until July 31, 2016.
the following methods:
The current implementation deadline is
Electronic Comments [Release No. 34–77357; File No. SR– March 4, 2016.
NYSEARCA–2016–41]
• Use the Commission’s Internet In March 2015, the Commission
comment form (http://www.sec.gov/ Self-Regulatory Organizations; NYSE approved Rule 6.61, which provides a
rules/sro.shtml); or Arca, Inc.; Notice of Filing and price protection risk mechanism for
• Send an email to rule-comments@ Immediate Effectiveness of Proposed Market Maker quotes.4 Rule 6.61
sec.gov. Please include File Number SR– Rule Change Extending the Deadline provides two layers of price protection
CBOE–2016–018 on the subject line. for Implementing Rule 6.61(a)(2) and to incoming Market Maker quotes,
(3) rejecting those Market Maker quotes that
Paper Comments exceed certain parameters, as a risk
• Send paper comments in triplicate March 14, 2016. mitigation tool.5 The Exchange has
to Brent J. Fields, Secretary, Securities Pursuant to Section 19(b)(1) 1 of the 4 See Securities Exchange Act Release No. 74441
and Exchange Commission, 100 F Street Securities Exchange Act of 1934 (the (March 4, 2015), 80 FR 12664 (March 10, 2015) (SR–
NE., Washington, DC 20549–1090. ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 NYSEArca–2014–150) (Approval Order); see also
All submissions should refer to File notice is hereby given that, on March 4, Securities Exchange Act Release No. 74018 (January
Number SR–CBOE–2016–018. This file 2016, NYSE Arca, Inc. (the ‘‘Exchange’’ 8, 2015), 80 FR 1982 (January 14, 2015) (SR–
NYSEArca–2014–150) (Notice).
number should be included on the or ‘‘NYSE Arca’’) filed with the 5 The first layer of price protection assesses
subject line if email is used. To help the Securities and Exchange Commission incoming sell quotes against the NBB and incoming
Commission process and review your (the ‘‘Commission’’) the proposed rule buy quotes against the NBO (the ‘‘NBBO Price
asabaliauskas on DSK3SPTVN1PROD with NOTICES
comments more efficiently, please use change as described in Items I and II Reasonability Check’’). Specifically, per Rule
6.61(a)(1), provided that an NBBO is available, a
only one method. The Commission will below, which Items have been prepared Market Maker quote would be rejected if it is priced
post all comments on the Commission’s by the self-regulatory organization. The a specified dollar amount or percentage through the
Internet Web site (http://www.sec.gov/ Commission is publishing this notice to contra-side NBBO. The second layer of price
rules/sro.shtml). Copies of the protection assesses the price of call or put bids
against a specified benchmark (the ‘‘Underlying
submission, all subsequent 13 17 CFR 200.30–3(a)(12). Stock Price/Strike Price Check’’), per Rule 6.61(a)(2)
1 15 U.S.C. 78s(b)(1). and (3). This second layer of protection applies to
11 15 U.S.C. 78s(b)(3)(A). 2 15 U.S.C. 78a.
bids in call options or put options when (1) there
12 17 CFR 240.19b–4(f). 3 17 CFR 240.19b–4. is no NBBO available, for example, during pre-
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![14914 Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Notices
Paper Comments SECURITIES AND EXCHANGE Discovery Policies and Procedures to
COMMISSION add two additional pricing windows to
• Send paper comments in triplicate accommodate the submission of end-of-
to Secretary, Securities and Exchange [Release No. 34–77361; File No. SR–ICC– day prices relating to such Asia-Pacific
Commission, 100 F Street NE., 2016–002] CDS Contracts. Finally, ICC has
Washington, DC 20549–1090. proposed to amend the ICC Risk
Self-Regulatory Organizations; ICE
All submissions should refer to File Management Framework to include the
Clear Credit LLC; Order Approving
risk horizon utilized for instruments
Number SR–NYSEARCA–2016–41. This Proposed Rule Change To Provide for
traded during Asia-Pacific hours and to
file number should be included on the the Clearance of Certain Asia-Pacific
amend the ICC Risk Management Model
subject line if email is used. To help the Credit Default Swap Contracts
Description document to add Asia-
Commission process and review your Pacific to the list of regions to be
March 14, 2016.
comments more efficiently, please use considered in General Wrong Way Risk
only one method. The Commission will I. Introduction calculations.
post all comments on the Commission’s On January 27, 2016, ICE Clear Credit ICC has represented that the iTraxx
Internet Web site (http://www.sec.gov/ LLC (‘‘ICC’’) filed with the Securities Asia/Pacific Contracts have similar
rules/sro.shtml). Copies of the and Exchange Commission terms to the CDX North American IG/
submission, all subsequent (‘‘Commission’’), pursuant to Section HY/XO CDS contracts (‘‘CDX NA
amendments, all written statements 19(b)(1) of the Securities Exchange Act Contracts’’) currently cleared by ICC and
with respect to the proposed rule of 1934 (‘‘Act’’) 1 and Rule 19b–4 governed by Subchapter 26A of the ICC
change that are filed with the thereunder,2 a proposed rule change Rules, the CDX Emerging Markets CDS
Commission, and all written (SR–ICC–2016–002) to provide the basis contracts (‘‘CDX EM Contracts’’)
communications relating to the for ICC to clear certain Asia-Pacific currently cleared by ICC and governed
proposed rule change between the credit default swap (‘‘CDS’’) contracts. by Subchapter 26C of the ICC Rules, and
Commission and any person, other than On January 29, 2016, ICC filed the iTraxx Europe CDS contracts
those that may be withheld from the Amendment No. 1 to the proposal.3 The (‘‘iTraxx Europe Contracts’’) currently
proposed rule change, as amended, was cleared by ICC and governed by
public in accordance with the
published for comment in the Federal Subchapter 26F of the ICC Rules. ICC
provisions of 5 U.S.C. 552, will be
Register on February 12, 2016.4 The asserts that the proposed rules found in
available for Web site viewing and Subchapter 26J largely mirror the ICC
printing in the Commission’s Public Commission did not receive comments
on the proposed rule change. For the Rules for CDX NA Contracts in
Reference Room, 100 F Street NE., Subchapter 26A, CDX EM Contracts in
Washington, DC 20549, on official reasons discussed below, the
Commission is approving the proposed Subchapter 26C, and iTraxx Europe
business days between the hours of Contracts in Subchapter 26F, with
rule change.
10:00 a.m. and 3:00 p.m. Copies of the certain modifications that reflect
filing also will be available for II. Description of the Proposed Rule differences in terms and market
inspection and copying at the principal Change conventions between those contracts
office of the Exchange. All comments The purpose of the proposed rule and iTraxx Asia/Pacific Contracts.
received will be posted without change; change is to adopt new rules that will Additionally, iTraxx Asia/Pacific
the Commission does not edit personal provide the basis for ICC to clear certain Contracts will be denominated in
identifying information from Asia-Pacific CDS contracts. Specifically, United States Dollars.
submissions. You should submit only ICC has proposed to amend Chapter 26 ICC Rule 26J–102 (Definitions) will
information that you wish to make of the ICC Rulebook (‘‘ICC Rules’’) to set forth the definitions used for the
available publicly. All submissions add Subchapters 26J and 26L to provide iTraxx Asia/Pacific Contracts. ICC has
should refer to File Number SR– for the clearance of iTraxx Asia/Pacific represented that the definitions are
NYSEARCA–2016–41, and should be CDS contracts (‘‘iTraxx Asia/Pacific substantially the same as the definitions
Contracts’’) and Standard Asia/Pacific found in Subchapters 26A, 26C, and 26F
submitted on or before April 8, 2016.
Sovereign CDS contracts (‘‘SAS of the ICC Rules, other than certain
For the Commission, by the Division of conforming changes.
Contracts’’, collectively with iTraxx
Trading and Markets, pursuant to delegated ICC Rules 26J–309 (Acceptance of
Asia/Pacific Contracts ‘‘Asia-Pacific
authority.14 iTraxx Asia/Pacific Untranched
CDS Contracts’’). The SAS Contracts
Robert W. Errett, Contracts by ICE Clear Credit), 26J–315
will reference the Commonwealth of
Deputy Secretary. (Terms of the Cleared iTraxx Asia/
Australia, the Malaysian Federation, the
Pacific Untranched Contract), 26J–316
[FR Doc. 2016–06097 Filed 3–17–16; 8:45 am] People’s Republic of China, the
(Updating Index Version of Fungible
BILLING CODE 8011–01–P Republic of Indonesia, the Republic of
Contracts After a Credit Event or a
Korea and the Republic of the
Succession Event; Updating Relevant
Philippines.
Untranched Standard Terms
Additionally, ICC has proposed to
Supplement), and 26J–317 (Terms of
amend the ICC End-of-Day Price
iTraxx Asia/Pacific Untranched
Contracts) will reflect or incorporate the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4. basic contract specifications for iTraxx
3 In Amendment No. 1, ICC deleted a factual error Asia/Pacific Contracts and, according to
in the originally filed proposal that stated that no ICC, are substantially the same as under
changes would be made to ICC’s Risk Management Subchapters 26A, 26C, and 26F of the
Framework. Amendment No. 1 amended and
replaced the original filing in its entirety.
ICC Rules.
4 Securities Exchange Act Release No. 34–77079 ICC has represented that SAS
(February 8, 2016), 81 FR 7613 (February 12, 2016) Contracts have similar terms to the
14 17 CFR 200.30–3(a)(12). (SR–ICC–2016–002). Standard North American Corporate
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Document Created: 2018-02-02 15:13:29
Document Modified: 2018-02-02 15:13:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 81 FR 14912 |
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