81_FR_24989 81 FR 24908 - Joint Industry Plan; Order Approving the Tenth Amendment to the National Market System Plan to Address Extraordinary Market Volatility by Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Chicago Stock Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., Financial Industry Regulatory Authority, Inc., NASDAQ BX, Inc., NASDAQ PHLX LLC, The Nasdaq Stock Market LLC, National Stock Exchange, Inc., New York Stock Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc.

81 FR 24908 - Joint Industry Plan; Order Approving the Tenth Amendment to the National Market System Plan to Address Extraordinary Market Volatility by Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Chicago Stock Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., Financial Industry Regulatory Authority, Inc., NASDAQ BX, Inc., NASDAQ PHLX LLC, The Nasdaq Stock Market LLC, National Stock Exchange, Inc., New York Stock Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 81 (April 27, 2016)

Page Range24908-24909
FR Document2016-09722

Federal Register, Volume 81 Issue 81 (Wednesday, April 27, 2016)
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24908-24909]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09722]



[[Page 24908]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77679; File No. 4-631]


Joint Industry Plan; Order Approving the Tenth Amendment to the 
National Market System Plan to Address Extraordinary Market Volatility 
by Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Chicago Stock 
Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., 
Financial Industry Regulatory Authority, Inc., NASDAQ BX, Inc., NASDAQ 
PHLX LLC, The Nasdaq Stock Market LLC, National Stock Exchange, Inc., 
New York Stock Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc.

April 21, 2016.

I. Introduction

    On February 19, 2016, Nasdaq, Inc., on behalf of the other parties 
\1\ to the National Market System Plan to Address Extraordinary Market 
Volatility (the ``Plan''), filed with the Securities and Exchange 
Commission (``Commission'') pursuant to Section 11A of the Securities 
Exchange Act of 1934 (``Act'') \2\ and Rule 608 thereunder,\3\ a 
proposal to amend the Plan.\4\ The proposal represents the tenth 
amendment to the Plan, and reflects proposed changes unanimously 
approved by the Participants (``Tenth Amendment''). The proposed Tenth 
Amendment was published for comment in the Federal Register on February 
29, 2016.\5\ The Commission received no comment letters regarding the 
amendment. This order approves the Tenth Amendment to the Plan.
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    \1\ Nasdaq, Inc. filed on behalf of the following parties to the 
Plan: Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Chicago 
Stock Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, 
Inc., Financial Industry Regulatory Authority, Inc., NASDAQ BX, 
Inc., NASDAQ PHLX LLC, the Nasdaq Stock Market LLC, National Stock 
Exchange, Inc., the New York Stock Exchange LLC, NYSE MKT LLC, and 
NYSE Arca, Inc. (collectively, the ``Participants'').
    \2\ 15 U.S.C. 78k-1.
    \3\ 17 CFR 242.608.
    \4\ See Letter from Paul Roland, Principal, U.S. Equities, 
Nasdaq, to Brent Fields, Secretary, Commission, dated February 18, 
2016. (``Transmittal Letter'').
    \5\ See Securities Exchange Act Release No. 77205 (February 22, 
2016), 81 FR 10315 (``Notice'').
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II. Description of the Proposal

    In the Tenth Amendment, the Participants propose to extend the 
pilot period of the Plan from April 22, 2016 to April 21, 2017 and make 
one modification to improve the operation of the Plan. Specifically, 
the Participants propose to modify the definition of Opening Price \6\ 
in cases where the Primary Listing Exchange opens with quotations. 
Currently, the Opening Price for NMS Stocks that open on the Primary 
Listing Exchange with quotations is defined to be the midpoint of those 
quotations. The Participants propose to modify the definition of 
Opening Price in these circumstances to be the closing price of the NMS 
Stock on the Primary Listing Exchange on the previous trading day, or 
if no such closing price exists, the last sale on the Primary Listing 
Exchange reported by the SIP. The Opening Price is used under the Plan 
to determine the first Reference Price of the day.\7\
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    \6\ Unless otherwise specified, the terms used herein have the 
same meaning as set forth in the Plan.
    \7\ Section V(B)(1) of the Plan provides that the first 
Reference Price for a Trading Day shall be the Opening Price on the 
Primary Listing Exchange in an NMS Stock if such Opening Price 
occurs less than five minutes after the start of Regular Trading 
Hours.
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III. Discussion and Commission Findings

    The Commission finds that the Tenth Amendment is consistent with 
the requirements of the Act and the rules and regulations thereunder. 
Specifically, the Commission finds that the Tenth Amendment is 
consistent with Section 11A of the Act \8\ and Rule 608 thereunder \9\ 
in that it is appropriate in the public interest, for the protection of 
investors and the maintenance of fair and orderly markets, and that it 
removes impediments to, and perfects the mechanism of, a national 
market system.
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    \8\ 15 U.S.C. 78k-1.
    \9\ 17 CFR 242.608.
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    The Participants presented data in the Transmittal Letter and the 
Supplemental Joint Assessment \10\ that shows that use of the Primary 
Listing Exchange's midpoint of the bid and ask often results in what 
the Participants believe is a skewed initial Reference Price.\11\ The 
Participants also presented data that showed that most Trading Pauses 
occurred in securities that did not trade at or near the time of a 
Trading Pause (i.e., those securities that opened on the midpoint of 
the bid and ask on the Primary Listing Exchange).\12\ The Participants 
performed a back-testing analysis to determine the impact on Trading 
Pauses if the first Reference Price for the day was determined by using 
the Primary Listing Exchange's closing price instead of the midpoint of 
the Exchange's bid and ask.\13\
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    \10\ On May 28, 2015, the Participants submitted a Supplemental 
Joint Assessment, as required under the Plan. The Supplemental Joint 
Assessment is available on the SEC Web site at http://www.sec.gov/comments/4-631/4631-39.pdf. Under the Plan, the Participants were 
required to provide the Commission with a joint assessment relating 
to the impact of the Plan and the calibration of the Percentage 
Parameters by assessing certain identified areas. See Appendix 
B.III.
    \11\ See Transmittal Letter, supra note 4 and Notice, supra note 
5, at Chart 1, Table 9, Table 11, Table 12, and Table 13. See also 
Supplemental Joint Assessment Section V.
    \12\ Id. at Table 9, Table 11, Table 12, and Table 13.
    \13\ Id. at Table 10, Table 11, Table 12, and Table 13.
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    Based on their data, the Participants found that the majority of 
Trading Pauses could have been avoided if the previous day's closing 
price was used as the first Reference Price rather than the midpoint of 
the bid and ask for stocks that opened without transactions.\14\ 
Therefore, the Participants recommend modifying the Plan to amend the 
definition of Opening Price so that the first Reference Price when 
there is no opening transaction is the Primary Listing Exchange's 
previous day's closing price.
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    \14\ See Transmittal Letter, supra note 4 and Notice, supra note 
5.
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    The Commission believes that it is appropriate in the public 
interest, for the protection of investors and the maintenance of a fair 
and orderly market to approve the amendment to modify the definition of 
Opening Price. The Commission believes that the modification of the 
Opening Price definition is appropriate to potentially prevent Trading 
Pauses that are not indicative of extraordinary volatility.\15\
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    \15\ Consistent with their representations set forth in the 
Notice, the Commission expects the Participants to implement the 
amendment to the definition of Opening Price within three months of 
the date of this order.
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    The Participants also propose to amend Section VIII(C) of the Plan 
to extend the pilot period through April 21, 2017. The Commission 
believes that it is appropriate in the public interest, for the 
protection of investors and the maintenance of a fair and orderly 
market to approve the amendment to extend the pilot period until April 
21, 2017 because it will allow the Participants to conduct, and the 
Commission to consider, further analysis of data, including data 
related to the impact of the revised definition of Opening Price, 
regarding the operation of the Plan. An extension of the pilot period 
also will allow the Participants to finalize and file with the 
Commission any proposed amendments to the Plan resulting from such 
further analysis.
    The Commission understands the Participants are conducting 
additional review of certain aspects of the operation of the Plan and 
expects that

[[Page 24909]]

the Participants will provide additional recommendations, as necessary, 
relating to: (i) The harmonization of current clearly erroneous 
execution rules with the Plan, such that clearly erroneous execution 
rules could not be used to break trades occurring within the Price 
Bands absent a legitimate technical failure at a Self-Regulatory 
Organization; (ii) a review of exchange-traded products (ETPs), to 
determine whether adjustments should be made to the Plan to account for 
the particular trading characteristics of ETPs; (iii) a review of other 
issues with the operation of the Plan that may have been revealed by 
the events of August 24, 2015, including the impact of double-wide 
Price Bands during the opening period, and the advisability of 
coordinated reopening procedures; and (iv) potential enhancements to 
the categorization of securities into different tiers. An extension of 
the pilot period of the Plan will allow the Participants' ongoing 
review and analysis to take place and inform any subsequent amendments 
to the Plan. The Commission believes that a one-year extension of the 
Pilot will provide the Participants with sufficient time to analyze the 
impact of change to the definition of Opening Price on the Plan's 
operation, as well as complete analyses of the other outstanding 
matters described above.
    For the reasons noted above, the Commission finds that the Tenth 
Amendment to the Plan is consistent with Section 11A of the Act \16\ 
and Rule 608 thereunder.\17\ The Commission reiterates its expectation 
that the Participants will continue to monitor the scope and operation 
of the Plan and study the data produced, and will propose any 
modifications to the Plan that may be necessary or appropriate.\18\
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    \16\ 15 U.S.C. 78k-1.
    \17\ 17 CFR 242.608.
    \18\ See Securities Exchange Act Release No. 67091 (May 31, 
2012), 77 FR 33498 (June 6, 2012).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act \19\ 
and Rule 608 thereunder,\20\ that the Tenth Amendment to the Plan (File 
No. 4-631) be, and it hereby is, approved.
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    \19\ 15 U.S.C. 78k-1.
    \20\ 17 CFR 242.608.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(29).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-09722 Filed 4-26-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    24908                         Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices

                                                    SECURITIES AND EXCHANGE                                  definition of Opening Price 6 in cases                    the Primary Listing Exchange).12 The
                                                    COMMISSION                                               where the Primary Listing Exchange                        Participants performed a back-testing
                                                                                                             opens with quotations. Currently, the                     analysis to determine the impact on
                                                    [Release No. 34–77679; File No. 4–631]
                                                                                                             Opening Price for NMS Stocks that open                    Trading Pauses if the first Reference
                                                    Joint Industry Plan; Order Approving                     on the Primary Listing Exchange with                      Price for the day was determined by
                                                    the Tenth Amendment to the National                      quotations is defined to be the midpoint                  using the Primary Listing Exchange’s
                                                    Market System Plan to Address                            of those quotations. The Participants                     closing price instead of the midpoint of
                                                    Extraordinary Market Volatility by Bats                  propose to modify the definition of                       the Exchange’s bid and ask.13
                                                    BZX Exchange, Inc., Bats BYX                             Opening Price in these circumstances to                      Based on their data, the Participants
                                                    Exchange, Inc., Chicago Stock                            be the closing price of the NMS Stock                     found that the majority of Trading
                                                    Exchange, Inc., Bats EDGA Exchange,                      on the Primary Listing Exchange on the                    Pauses could have been avoided if the
                                                    Inc., Bats EDGX Exchange, Inc.,                          previous trading day, or if no such                       previous day’s closing price was used as
                                                    Financial Industry Regulatory                            closing price exists, the last sale on the                the first Reference Price rather than the
                                                    Authority, Inc., NASDAQ BX, Inc.,                        Primary Listing Exchange reported by                      midpoint of the bid and ask for stocks
                                                    NASDAQ PHLX LLC, The Nasdaq                              the SIP. The Opening Price is used                        that opened without transactions.14
                                                    Stock Market LLC, National Stock                         under the Plan to determine the first                     Therefore, the Participants recommend
                                                    Exchange, Inc., New York Stock                           Reference Price of the day.7                              modifying the Plan to amend the
                                                    Exchange LLC, NYSE MKT LLC, and                          III. Discussion and Commission                            definition of Opening Price so that the
                                                    NYSE Arca, Inc.                                          Findings                                                  first Reference Price when there is no
                                                                                                                                                                       opening transaction is the Primary
                                                    April 21, 2016.                                             The Commission finds that the Tenth                    Listing Exchange’s previous day’s
                                                                                                             Amendment is consistent with the                          closing price.
                                                    I. Introduction                                          requirements of the Act and the rules                        The Commission believes that it is
                                                       On February 19, 2016, Nasdaq, Inc.,                   and regulations thereunder.                               appropriate in the public interest, for
                                                    on behalf of the other parties 1 to the                  Specifically, the Commission finds that                   the protection of investors and the
                                                    National Market System Plan to Address                   the Tenth Amendment is consistent                         maintenance of a fair and orderly
                                                    Extraordinary Market Volatility (the                     with Section 11A of the Act 8 and Rule                    market to approve the amendment to
                                                    ‘‘Plan’’), filed with the Securities and                 608 thereunder 9 in that it is appropriate                modify the definition of Opening Price.
                                                    Exchange Commission (‘‘Commission’’)                     in the public interest, for the protection                The Commission believes that the
                                                    pursuant to Section 11A of the                           of investors and the maintenance of fair                  modification of the Opening Price
                                                    Securities Exchange Act of 1934                          and orderly markets, and that it removes                  definition is appropriate to potentially
                                                    (‘‘Act’’) 2 and Rule 608 thereunder,3 a                  impediments to, and perfects the                          prevent Trading Pauses that are not
                                                    proposal to amend the Plan.4 The                         mechanism of, a national market                           indicative of extraordinary volatility.15
                                                    proposal represents the tenth                            system.                                                      The Participants also propose to
                                                    amendment to the Plan, and reflects                         The Participants presented data in the
                                                                                                                                                                       amend Section VIII(C) of the Plan to
                                                    proposed changes unanimously                             Transmittal Letter and the
                                                                                                                                                                       extend the pilot period through April
                                                    approved by the Participants (‘‘Tenth                    Supplemental Joint Assessment 10 that
                                                                                                                                                                       21, 2017. The Commission believes that
                                                    Amendment’’). The proposed Tenth                         shows that use of the Primary Listing                     it is appropriate in the public interest,
                                                    Amendment was published for                              Exchange’s midpoint of the bid and ask                    for the protection of investors and the
                                                    comment in the Federal Register on                       often results in what the Participants                    maintenance of a fair and orderly
                                                    February 29, 2016.5 The Commission                       believe is a skewed initial Reference                     market to approve the amendment to
                                                    received no comment letters regarding                    Price.11 The Participants also presented                  extend the pilot period until April 21,
                                                    the amendment. This order approves the                   data that showed that most Trading                        2017 because it will allow the
                                                    Tenth Amendment to the Plan.                             Pauses occurred in securities that did                    Participants to conduct, and the
                                                    II. Description of the Proposal                          not trade at or near the time of a Trading                Commission to consider, further
                                                                                                             Pause (i.e., those securities that opened                 analysis of data, including data related
                                                       In the Tenth Amendment, the                           on the midpoint of the bid and ask on
                                                    Participants propose to extend the pilot                                                                           to the impact of the revised definition
                                                    period of the Plan from April 22, 2016                     6 Unless otherwise specified, the terms used
                                                                                                                                                                       of Opening Price, regarding the
                                                    to April 21, 2017 and make one                           herein have the same meaning as set forth in the          operation of the Plan. An extension of
                                                    modification to improve the operation                    Plan.                                                     the pilot period also will allow the
                                                    of the Plan. Specifically, the                             7 Section V(B)(1) of the Plan provides that the first   Participants to finalize and file with the
                                                                                                             Reference Price for a Trading Day shall be the            Commission any proposed amendments
                                                    Participants propose to modify the                       Opening Price on the Primary Listing Exchange in
                                                                                                             an NMS Stock if such Opening Price occurs less
                                                                                                                                                                       to the Plan resulting from such further
                                                       1 Nasdaq, Inc. filed on behalf of the following       than five minutes after the start of Regular Trading      analysis.
                                                    parties to the Plan: Bats BZX Exchange, Inc., Bats       Hours.                                                       The Commission understands the
                                                    BYX Exchange, Inc., Chicago Stock Exchange, Inc.,          8 15 U.S.C. 78k–1.
                                                                                                                                                                       Participants are conducting additional
                                                    Bats EDGA Exchange, Inc., Bats EDGX Exchange,              9 17 CFR 242.608.
                                                    Inc., Financial Industry Regulatory Authority, Inc.,
                                                                                                                                                                       review of certain aspects of the
                                                                                                               10 On May 28, 2015, the Participants submitted a
                                                    NASDAQ BX, Inc., NASDAQ PHLX LLC, the                                                                              operation of the Plan and expects that
                                                                                                             Supplemental Joint Assessment, as required under
                                                    Nasdaq Stock Market LLC, National Stock                  the Plan. The Supplemental Joint Assessment is
                                                    Exchange, Inc., the New York Stock Exchange LLC,         available on the SEC Web site at http://
                                                                                                                                                                         12 Id.   at Table 9, Table 11, Table 12, and Table
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    NYSE MKT LLC, and NYSE Arca, Inc. (collectively,         www.sec.gov/comments/4-631/4631-39.pdf. Under             13.
                                                    the ‘‘Participants’’).                                   the Plan, the Participants were required to provide         13 Id.   at Table 10, Table 11, Table 12, and Table
                                                       2 15 U.S.C. 78k–1.
                                                                                                             the Commission with a joint assessment relating to        13.
                                                       3 17 CFR 242.608.
                                                                                                             the impact of the Plan and the calibration of the           14 See Transmittal Letter, supra note 4 and Notice,
                                                       4 See Letter from Paul Roland, Principal, U.S.        Percentage Parameters by assessing certain                supra note 5.
                                                    Equities, Nasdaq, to Brent Fields, Secretary,            identified areas. See Appendix B.III.                       15 Consistent with their representations set forth
                                                    Commission, dated February 18, 2016.                       11 See Transmittal Letter, supra note 4 and Notice,     in the Notice, the Commission expects the
                                                    (‘‘Transmittal Letter’’).                                supra note 5, at Chart 1, Table 9, Table 11, Table        Participants to implement the amendment to the
                                                       5 See Securities Exchange Act Release No. 77205       12, and Table 13. See also Supplemental Joint             definition of Opening Price within three months of
                                                    (February 22, 2016), 81 FR 10315 (‘‘Notice’’).           Assessment Section V.                                     the date of this order.



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                                                                                 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices                                                 24909

                                                    the Participants will provide additional                SECURITIES AND EXCHANGE                               which the Commission should either
                                                    recommendations, as necessary, relating                 COMMISSION                                            approve or disapprove, or institute
                                                    to: (i) The harmonization of current                                                                          proceedings to determine whether to
                                                                                                            [Release No. 34–77678; File No. SR–
                                                    clearly erroneous execution rules with                                                                        disapprove, the proposed rule change
                                                                                                            NASDAQ–2016–035]
                                                    the Plan, such that clearly erroneous                                                                         (File No. SR–NASDAQ–2016–035).
                                                    execution rules could not be used to                    Self-Regulatory Organizations; The                      For the Commission, by the Division of
                                                    break trades occurring within the Price                 Nasdaq Stock Market LLC; Notice of                    Trading and Markets, pursuant to delegated
                                                    Bands absent a legitimate technical                     Designation of Longer Period for                      authority.7
                                                    failure at a Self-Regulatory                            Commission Action on Proposed Rule                    Brent J. Fields,
                                                    Organization; (ii) a review of exchange-                Change To Establish a Secondary                       Secretary.
                                                    traded products (ETPs), to determine                    Contingency Procedure To Enable the                   [FR Doc. 2016–09721 Filed 4–26–16; 8:45 am]
                                                    whether adjustments should be made to                   Exchange To Report an Official                        BILLING CODE 8011–01–P
                                                    the Plan to account for the particular                  Closing Price on Behalf of an Impaired
                                                    trading characteristics of ETPs; (iii) a                Primary Listing Exchange
                                                    review of other issues with the                                                                               SECURITIES AND EXCHANGE
                                                    operation of the Plan that may have                     April 21, 2016.                                       COMMISSION
                                                    been revealed by the events of August                      On March 2, 2016, The Nasdaq Stock
                                                    24, 2015, including the impact of                       Market LLC (‘‘Exchange’’) filed with the              [Release No. 34–77673; File No. SR–Phlx–
                                                    double-wide Price Bands during the                      Securities and Exchange Commission                    2016–51]
                                                    opening period, and the advisability of                 (‘‘Commission’’), pursuant to Section                 Self-Regulatory Organizations;
                                                    coordinated reopening procedures; and                   19(b)(1) of the Securities Exchange Act               NASDAQ PHLX LLC; Notice of Filing
                                                    (iv) potential enhancements to the                      of 1934 (‘‘Act’’) 1 and Rule 19b–4                    and Immediate Effectiveness of
                                                    categorization of securities into different             thereunder,2 a proposed rule change to                Proposed Rule Change to Qualified
                                                    tiers. An extension of the pilot period of              establish a Secondary Contingency                     Contingent Cross Pricing
                                                    the Plan will allow the Participants’                   Procedure for its closing cross. The
                                                    ongoing review and analysis to take                     proposed rule change was published for                April 21, 2016.
                                                    place and inform any subsequent                         comment in the Federal Register on                       Pursuant to Section 19(b)(1) of the
                                                    amendments to the Plan. The                             March 11, 2016.3 The Commission has                   Securities Exchange Act of 1934
                                                    Commission believes that a one-year                     received one comment letter on the                    (‘‘Act’’) 1, and Rule 19b–4 thereunder,2
                                                    extension of the Pilot will provide the                 proposal.4                                            notice is hereby given that on April 14,
                                                    Participants with sufficient time to                       Section 19(b)(2) of the Act 5 provides             2016, NASDAQ PHLX LLC (‘‘Phlx’’ or
                                                    analyze the impact of change to the                     that within 45 days of the publication of             ‘‘Exchange’’) filed with the Securities
                                                    definition of Opening Price on the                      notice of the filing of a proposed rule               and Exchange Commission (‘‘SEC’’ or
                                                    Plan’s operation, as well as complete                   change, or within such longer period up               ‘‘Commission’’) the proposed rule
                                                    analyses of the other outstanding                       to 90 days as the Commission may                      change as described in Items I, II, and
                                                    matters described above.                                designate if it finds such longer period              III, below, which Items have been
                                                       For the reasons noted above, the                     to be appropriate and publishes its                   prepared by the Exchange. The
                                                    Commission finds that the Tenth                         reasons for so finding or as to which the             Commission is publishing this notice to
                                                    Amendment to the Plan is consistent                     self-regulatory organization consents,                solicit comments on the proposed rule
                                                    with Section 11A of the Act 16 and Rule                 the Commission shall either approve the               change from interested persons.
                                                    608 thereunder.17 The Commission                        proposed rule change, disapprove the
                                                    reiterates its expectation that the                     proposed rule change, or institute                    I. Self-Regulatory Organization’s
                                                    Participants will continue to monitor                   proceedings to determine whether the                  Statement of the Terms of Substance of
                                                    the scope and operation of the Plan and                 proposed rule change should be                        the Proposed Rule Change
                                                    study the data produced, and will                       disapproved. The 45th day for this filing                The Exchange proposes to amend the
                                                    propose any modifications to the Plan                   is April 25, 2016.                                    Exchange’s Pricing Schedule at Section
                                                    that may be necessary or appropriate.18                    The Commission is extending the 45-                II, entitled ‘‘Multiply Listed Options
                                                                                                            day time period for Commission action                 Fees.’’ Specifically, the Exchange is
                                                    IV. Conclusion
                                                                                                            on the proposed rule change. The                      proposing to amend the Qualified
                                                      It is therefore ordered, pursuant to                  Commission finds that it is appropriate               Contingent Cross (‘‘QCC’’) pricing.
                                                    Section 11A of the Act 19 and Rule 608                  to designate a longer period within                      The text of the proposed rule change
                                                    thereunder,20 that the Tenth                            which to take action on the proposed                  is available on the Exchange’s Web site
                                                    Amendment to the Plan (File No. 4–631)                  rule change so that it has sufficient time            at http://
                                                    be, and it hereby is, approved.                         to consider the proposed rule change.                 nasdaqomxphlx.cchwallstreet.com/, at
                                                      For the Commission, by the Division of                   Accordingly, pursuant to Section                   the principal office of the Exchange, and
                                                    Trading and Markets, pursuant to delegated              19(b)(2) of the Act 6 and for the reasons             at the Commission’s Public Reference
                                                    authority.21                                            stated above, the Commission                          Room.
                                                    Brent J. Fields,                                        designates June 9, 2016, as the date by               II. Self-Regulatory Organization’s
                                                    Secretary.                                                                                                    Statement of the Purpose of, and
                                                                                                              1 15  U.S.C. 78s(b)(1).
                                                    [FR Doc. 2016–09722 Filed 4–26–16; 8:45 am]                                                                   Statutory Basis for, the Proposed Rule
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              2 17  CFR 240.19b–4.
                                                    BILLING CODE 8011–01–P
                                                                                                               3 See Securities Exchange Act Release No. 77309    Change
                                                                                                            (March 7, 2016), 81 FR 13007.                            In its filing with the Commission, the
                                                      16 15 U.S.C. 78k–1.                                      4 See Letter from Theodore R. Lazo, Managing
                                                      17 17 CFR 242.608.                                                                                          Exchange included statements
                                                                                                            Director and Associate General Counsel, Securities
                                                      18 See Securities Exchange Act Release No. 67091
                                                                                                            Industry and Financial Markets Association, to        concerning the purpose of and basis for
                                                    (May 31, 2012), 77 FR 33498 (June 6, 2012).             Brent J. Fields, Secretary, Commission, dated April
                                                      19 15 U.S.C. 78k–1.                                   5, 2016.                                                7 17 CFR 200.30–3(a)(31).
                                                      20 17 CFR 242.608.                                       5 15 U.S.C. 78s(b)(2).                               1 15 U.S.C. 78s(b)(1).
                                                      21 17 CFR 200.30–3(a)(29).                               6 15 U.S.C. 78s(b)(2).                               2 17 CFR 240.19b–4.




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Document Created: 2018-02-07 13:55:40
Document Modified: 2018-02-07 13:55:40
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 Citation81 FR 24908 

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