81_FR_27271 81 FR 27184 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 967.1NY Regarding Price Protection for Market Maker Quotes

81 FR 27184 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 967.1NY Regarding Price Protection for Market Maker Quotes

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 87 (May 5, 2016)

Page Range27184-27186
FR Document2016-10472

Federal Register, Volume 81 Issue 87 (Thursday, May 5, 2016)
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27184-27186]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10472]



[[Page 27184]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77749; File No. SR-NYSEMKT-2016-47]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Amending Rule 967.1NY 
Regarding Price Protection for Market Maker Quotes

April 29, 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 April 27, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') 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.
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    \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 Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 967.1NY regarding price 
protection for Market Maker quotes. 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 amend Rule 967.1NY regarding price 
protection for Market Maker quotes.
    Rule 967.1NY 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.\4\ The Exchange proposes 
to modify Rule 967.1NY(a)(2) and (3), which relates to the second layer 
of protection, the ``Underlying Price Check,'' which assesses the price 
of call or put bids against a specified benchmark. The Underlying Price 
Check 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.\5\
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    \4\ The first layer of protection, referred to as the NBBO 
Reasonability Check, assesses incoming sell quotes against the 
National Best Bid (``NBB'') and incoming buy quotes against the 
National Best Offer (``NBO''). Specifically, per Rule 967.1NY(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 Exchange has implemented the NBBO 
Reasonability Check and does not propose to modify rule text related 
to this feature.
    \5\ See Rule 967.1NY, Commentary .01 (directing ATP Holders to 
consult Trader Updates for additional information regarding the 
implementation schedule for paragraphs (a)(2) and (a)(3) of the 
Rule, with final implementation of such paragraphs to be completed 
by no later than July 31, 2016).
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    To date, the Exchange has not implemented the Underlying Price 
Check because of technological issues discovered shortly after the 
Exchange adopted the rule. However, the Exchange has finalized the 
technology related to this aspect of the Rule and proposes to modify 
the Rule as it relates to the Underlying Price Check.\6\ Specifically, 
the Exchange proposes to exclude certain securities that do not have 
reliable (or, in some cases, any available) underlying consolidated 
last sale information (``last sale'') against which to perform the 
Underlying Price Check because, in the absence of reliable price data, 
the Underlying Price Check may result in Market Maker quotes being 
rejected too frequently. Accordingly, the Exchange proposes to modify 
Commentary .01 to the Rule to provide that the Underlying Price Check 
would not apply to ``(i) any options series for which the underlying 
security has a non-standard cash or stock deliverable as part of a 
corporate action; (ii) any options series for which the underlying 
security is identified as over-the-counter (``OTC'')\7\; (iii) any 
option series on an index; (iv) Binary Return Derivatives (``ByRDs'')'' 
(the ``Excluded Options'').\8\ The proposed change would enable the 
Exchange to implement this price protection feature and apply it to 
securities for which there is reliable price data for the underlying 
security to perform the check. Specifically, the Exchange would exclude 
any options series for which the underlying security has a non-standard 
cash or stock deliverable as part of a corporate action because the 
last sale information would not have been adjusted for the non-standard 
deliverable, and would therefore be unreliable.\9\ Options in OTC would 
be considered Excluded Options because unlike listed securities, the 
Exchange does not receive an active data feed with last sale 
information for OTC securities. The Exchange would exclude any options 
series overlying a stock index because such indices do not have last 
sale information. Similarly, the Exchange would exclude options on 
ByRDs because ByRDS track a value weighted average price (``VWAP'') and 
not the last sale of the underlying security.\10\ The Exchange notes 
the Excluded Options would continue to be subject to the NBBO 
Reasonability Check, which is the first layer of price protection (see 
supra n. 4) when there is a reliable NBBO and, thus, Market Maker 
quotes in these securities are not without price protection on the 
Exchange.
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    \6\ See Securities Exchange Act Release No. 74440 (March 4, 
2015), 80 FR 12687 (March 10, 2015) (SR-NYSEMKT-2014-116) (Approval 
Order); see also Securities Exchange Act Release No. 74017 (January 
8, 2015), 80 FR 1979 (January 14, 2015) (SR-NYSEMKT-2014-116) 
(Notice). See also Securities Exchange Act Release Nos. 75151 (June 
11, 2015), 80 FR 34770 (June 17, 2015) (SR-NYSEMKT-2015-42) 
(modifying rule related to the Underlying Price Check to allow for 
implementation of the feature by March 4, 2016); 77356 (March 14, 
2016), 81 FR 14917 (March 18, 2015) (SR-NYSEMKT-2016-36) (extending 
March 4, 2016 deadline until July 31, 2016).
    \7\ Options on OTC securities, which are not considered NMS 
stocks, are subject to trading pursuant to Rule 916 (Withdrawal of 
Approval of Underlying Securities), Commentary .01(5). The 
Commission notes that Rule 916 provides for the continued listing of 
options on underlying securities that no longer meet the criteria 
for listing and trading on the Exchange.
    \8\ See proposed Rule 967.1NY, Commentary .01. See also proposed 
Rule 967.1NY (a)(2) and (3) (providing that the Underlying Price 
Check would apply, ``except as provided in Commentary .01 to this 
Rule'').
    \9\ Corporate actions such as mergers or reorganizations can 
result in options being adjusted to a non-standard deliverable.
    \10\ See generally Section 17, Binary Return Derivatives, Rules 
900ByRDs-980ByRDs. ByRDs are European-style option contracts on 
individual stocks, exchange-traded funds and Index-Linked Securities 
that have a fixed return in cash based on a set strike price.
---------------------------------------------------------------------------

    The Exchange also proposes to exempt from the Underlying Price 
Check any option series for which the Exchange determines it is 
necessary to exclude underlying securities in the interests of 
maintaining a fair and

[[Page 27185]]

orderly market.\11\ The Exchange believes this proposed change would 
enable the Exchange to exclude option series, other than Excluded 
Options, from the Underlying Price Check if the Exchange determines 
that the price protection feature would not function as intended.\12\ 
For example, if the last sale is zero, for whatever reason, the 
Exchange would have the discretion to forego the Underlying Price Check 
for a particular call bid. Similarly, if there was some other event or 
change that impacted the underlying security (for example if there was 
a change to the ticker symbol for the underlying security), the 
Exchange would retain discretion to exclude the affected options series 
from the Underlying Price Check. The Exchange notes that another 
options exchange likewise has retained discretion to withhold price 
protection features consistent with the Underlying Price Check.\13\ If 
the Exchange determines that the Underlying Price Check should not 
apply in the interest of maintaining a fair and orderly market, as 
proposed, the Exchange would announce this decision by electronic 
message to ATP Holders that request to receive such messages.
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    \11\ See proposed Rule 967.1NY, Commentary .01. See also 
proposed Rule 967.1NY (a)(2) and (3) (providing that the Underlying 
Price Check would apply, ``except as provided in Commentary .01 to 
this Rule'').
    \12\ The Exchange would document, retain, and periodically 
review any Exchange decision to not apply the Underlying Price 
Check, including the reason for the decision.
    \13\ See Securities Exchange Act Release No. 76960 (January 21, 
2016), 81 FR 4728 (January 27, 2016) (SR-CBOE-2015-107) (approving 
price protection mechanisms for quotes and orders, which includes 
the Chicago Board Options Exchange, Inc. retaining discretion to 
withhold its Put Strike Price and Call Underlying Value Checks).
---------------------------------------------------------------------------

Implementation
    The Exchange will announce the implementation date of the proposed 
rule change, which will be before July 31, 2016, by Trader Update.\14\
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    \14\ See supra n. 5. Once implemented, the Exchange will file a 
separate proposed rule change to delete text in Commentary .01 
regarding the July 31, 2016 implementation deadline.
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2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5) 
of the Securities Exchange Act of 1934 (the ``Act''),\15\ which 
requires the rules of an exchange 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.
---------------------------------------------------------------------------

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

    The Exchange believes the proposed modifications would remove 
impediments to and perfect the mechanism of a free and open market and 
would protect investors and the public interest because it would exempt 
from the Underlying Price Check those Excluded Options for which there 
is no reliable pricing data for the underlying security or index to 
perform the Check properly. Similarly, the Exchange believes the 
proposal to exclude any option series for which the Exchange determines 
it is necessary to exclude underlying securities in the interests of 
maintaining a fair and orderly market would likewise protect investors 
and the public interest because this change would enable the Exchange 
to ensure that the Underlying Price Check operates as intended (i.e., 
when there is reliable price data against which to perform the Check). 
Absent the proposed modification, otherwise acceptable Market Maker 
quotes would be erroneously rejected upon arrival because the 
Underlying Price Check would deem such quotes to be at prices that are 
through the (unreliable) last sale price, which would be disruptive to 
Market Makers that provide necessary liquidity to the Exchange. Thus, 
the Exchange believes that this proposal meets these requirements 
because it would assist with the maintenance of a fair and orderly 
market by allowing the Exchange to implement the Underlying Price Check 
to work as intended--to reduce the risk of Market Maker quotes sweeping 
through multiple price points resulting in executions at prices that 
are through the last sale price and potentially erroneous.
    Finally, the Exchange believes the proposed change would promote 
just and equitable principles of trade because it would enable the 
Exchange to implement the second layer of price protection for when an 
NBBO is not available, which would further assist the Exchange in 
avoiding the processing of erroneous quotes that otherwise may cause 
price dislocation before such quotes could cause harm to the market.

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

    The Exchange does not believe that the proposed rule change would 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes the 
proposal would not unduly burden any particular group of market 
participants trading on the Exchange vis-[agrave]-vis another group 
(i.e., Market Markers versus non-Market Makers) as the Underlying Price 
Check, as modified, is designed to address the unique role of Market 
Makers to enter two-sided quotations in their appointments and would 
apply equally to all Market Makers. Moreover, the Exchange believes the 
proposal would provide market participants with additional protection 
from anomalous executions while ensuring that the Underlying Price 
Check would not be performed in instances where the Exchange lacks 
reliable pricing data for the underlying security. Thus, the Exchange 
does not believe the proposal creates any significant impact on 
competition. The Exchange believes this proposal is pro-competitive as 
it allows the Exchange to implement the second layer of price 
protection, which may encourage Market Makers to quote tighter deeper 
markets, which will increase liquidity and enhance competition.

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 change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) \16\ of the Act and Rule 19b-
4(f)(6) thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give 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. 
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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.

[[Page 27186]]

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-NYSEMKT-2016-47 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-NYSEMKT-2016-47. 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 referto File Number SR-NYSEMKT-2016-47, and should 
be submitted on or before May 26, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).

Brent J. Fields,
Secretary.
[FR Doc. 2016-10472 Filed 5-4-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  27184                            Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices

                                                  SECURITIES AND EXCHANGE                                     Rule 967.1NY provides two layers of                   series for which the underlying security
                                                  COMMISSION                                               price protection to incoming Market                      has a non-standard cash or stock
                                                                                                           Maker quotes, rejecting those Market                     deliverable as part of a corporate action;
                                                  [Release No. 34–77749; File No. SR–
                                                  NYSEMKT–2016–47]
                                                                                                           Maker quotes that exceed certain                         (ii) any options series for which the
                                                                                                           parameters, as a risk mitigation tool.4                  underlying security is identified as over-
                                                  Self-Regulatory Organizations; NYSE                      The Exchange proposes to modify Rule                     the-counter (‘‘OTC’’)7; (iii) any option
                                                  MKT LLC; Notice of Filing and                            967.1NY(a)(2) and (3), which relates to                  series on an index; (iv) Binary Return
                                                  Immediate Effectiveness of Proposed                      the second layer of protection, the                      Derivatives (‘‘ByRDs’’)’’ (the ‘‘Excluded
                                                  Rule Change Amending Rule 967.1NY                        ‘‘Underlying Price Check,’’ which                        Options’’).8 The proposed change would
                                                  Regarding Price Protection for Market                    assesses the price of call or put bids                   enable the Exchange to implement this
                                                  Maker Quotes                                             against a specified benchmark. The                       price protection feature and apply it to
                                                                                                           Underlying Price Check applies to bids                   securities for which there is reliable
                                                  April 29, 2016.                                          in call options or put options when (1)                  price data for the underlying security to
                                                     Pursuant to Section 19(b)(1) 1 of the                 there is no NBBO available, for example,                 perform the check. Specifically, the
                                                  Securities Exchange Act of 1934 (the                     during pre-opening or prior to                           Exchange would exclude any options
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   conducting a re-opening after a trading                  series for which the underlying security
                                                  notice is hereby given that on April 27,                 halt, or (2) if the NBBO is so wide as to                has a non-standard cash or stock
                                                  2016, NYSE MKT LLC (the ‘‘Exchange’’                     not reflect an appropriate price for the                 deliverable as part of a corporate action
                                                  or ‘‘NYSE MKT’’) filed with the                          respective options series.5                              because the last sale information would
                                                  Securities and Exchange Commission                          To date, the Exchange has not                         not have been adjusted for the non-
                                                  (the ‘‘Commission’’) the proposed rule                   implemented the Underlying Price                         standard deliverable, and would
                                                  change as described in Items I and II                    Check because of technological issues                    therefore be unreliable.9 Options in OTC
                                                  below, which Items have been prepared                    discovered shortly after the Exchange                    would be considered Excluded Options
                                                  by the self-regulatory organization. The                 adopted the rule. However, the                           because unlike listed securities, the
                                                  Commission is publishing this notice to                  Exchange has finalized the technology                    Exchange does not receive an active
                                                  solicit comments on the proposed rule                    related to this aspect of the Rule and                   data feed with last sale information for
                                                  change from interested persons.                          proposes to modify the Rule as it relates                OTC securities. The Exchange would
                                                  I. Self-Regulatory Organization’s                        to the Underlying Price Check.6                          exclude any options series overlying a
                                                  Statement of the Terms of Substance of                   Specifically, the Exchange proposes to                   stock index because such indices do not
                                                  the Proposed Rule Change                                 exclude certain securities that do not                   have last sale information. Similarly, the
                                                                                                           have reliable (or, in some cases, any                    Exchange would exclude options on
                                                     The Exchange proposes to amend                        available) underlying consolidated last
                                                  Rule 967.1NY regarding price protection                                                                           ByRDs because ByRDS track a value
                                                                                                           sale information (‘‘last sale’’) against                 weighted average price (‘‘VWAP’’) and
                                                  for Market Maker quotes. The proposed                    which to perform the Underlying Price
                                                  rule change is available on the                                                                                   not the last sale of the underlying
                                                                                                           Check because, in the absence of                         security.10 The Exchange notes the
                                                  Exchange’s Web site at www.nyse.com,                     reliable price data, the Underlying Price
                                                  at the principal office of the Exchange,                                                                          Excluded Options would continue to be
                                                                                                           Check may result in Market Maker                         subject to the NBBO Reasonability
                                                  and at the Commission’s Public                           quotes being rejected too frequently.
                                                  Reference Room.                                                                                                   Check, which is the first layer of price
                                                                                                           Accordingly, the Exchange proposes to                    protection (see supra n. 4) when there
                                                  II. Self-Regulatory Organization’s                       modify Commentary .01 to the Rule to
                                                                                                                                                                    is a reliable NBBO and, thus, Market
                                                  Statement of the Purpose of, and                         provide that the Underlying Price Check
                                                                                                                                                                    Maker quotes in these securities are not
                                                  Statutory Basis for, the Proposed Rule                   would not apply to ‘‘(i) any options
                                                                                                                                                                    without price protection on the
                                                  Change                                                      4 The first layer of protection, referred to as the
                                                                                                                                                                    Exchange.
                                                     In its filing with the Commission, the                NBBO Reasonability Check, assesses incoming sell            The Exchange also proposes to
                                                  self-regulatory organization included                    quotes against the National Best Bid (‘‘NBB’’) and       exempt from the Underlying Price
                                                  statements concerning the purpose of,                    incoming buy quotes against the National Best Offer      Check any option series for which the
                                                                                                           (‘‘NBO’’). Specifically, per Rule 967.1NY(a)(1),
                                                  and basis for, the proposed rule change                  provided that an NBBO is available, a Market Maker
                                                                                                                                                                    Exchange determines it is necessary to
                                                  and discussed any comments it received                   quote would be rejected if it is priced a specified      exclude underlying securities in the
                                                  on the proposed rule change. The text                    dollar amount or percentage through the contra-side      interests of maintaining a fair and
                                                                                                           NBBO. The Exchange has implemented the NBBO
                                                  of those statements may be examined at                   Reasonability Check and does not propose to
                                                  the places specified in Item IV below.                   modify rule text related to this feature.
                                                                                                                                                                       7 Options on OTC securities, which are not

                                                  The Exchange has prepared summaries,                        5 See Rule 967.1NY, Commentary .01 (directing         considered NMS stocks, are subject to trading
                                                                                                                                                                    pursuant to Rule 916 (Withdrawal of Approval of
                                                  set forth in sections A, B, and C below,                 ATP Holders to consult Trader Updates for
                                                                                                                                                                    Underlying Securities), Commentary .01(5). The
                                                  of the most significant parts of such                    additional information regarding the
                                                                                                           implementation schedule for paragraphs (a)(2) and        Commission notes that Rule 916 provides for the
                                                  statements.                                              (a)(3) of the Rule, with final implementation of such    continued listing of options on underlying
                                                                                                           paragraphs to be completed by no later than July         securities that no longer meet the criteria for listing
                                                  A. Self-Regulatory Organization’s                        31, 2016).                                               and trading on the Exchange.
                                                  Statement of the Purpose of, and the                        6 See Securities Exchange Act Release No. 74440
                                                                                                                                                                       8 See proposed Rule 967.1NY, Commentary .01.

                                                  Statutory Basis for, the Proposed Rule                   (March 4, 2015), 80 FR 12687 (March 10, 2015) (SR–       See also proposed Rule 967.1NY (a)(2) and (3)
                                                                                                           NYSEMKT–2014–116) (Approval Order); see also             (providing that the Underlying Price Check would
                                                  Change                                                                                                            apply, ‘‘except as provided in Commentary .01 to
                                                                                                           Securities Exchange Act Release No. 74017 (January
                                                  1. Purpose                                               8, 2015), 80 FR 1979 (January 14, 2015) (SR–             this Rule’’).
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                       9 Corporate actions such as mergers or
                                                                                                           NYSEMKT–2014–116) (Notice). See also Securities
                                                     The Exchange is proposing to amend                    Exchange Act Release Nos. 75151 (June 11, 2015),         reorganizations can result in options being adjusted
                                                  Rule 967.1NY regarding price protection                  80 FR 34770 (June 17, 2015) (SR–NYSEMKT–2015–            to a non-standard deliverable.
                                                                                                           42) (modifying rule related to the Underlying Price         10 See generally Section 17, Binary Return
                                                  for Market Maker quotes.
                                                                                                           Check to allow for implementation of the feature by      Derivatives, Rules 900ByRDs–980ByRDs. ByRDs are
                                                                                                           March 4, 2016); 77356 (March 14, 2016), 81 FR            European-style option contracts on individual
                                                    1 15 U.S.C.78s(b)(1).                                  14917 (March 18, 2015) (SR–NYSEMKT–2016–36)              stocks, exchange-traded funds and Index-Linked
                                                    2 15 U.S.C. 78a.                                       (extending March 4, 2016 deadline until July 31,         Securities that have a fixed return in cash based on
                                                    3 17 CFR 240.19b–4.                                    2016).                                                   a set strike price.



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                                                                                  Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices                                                       27185

                                                  orderly market.11 The Exchange believes                    The Exchange believes the proposed                 unique role of Market Makers to enter
                                                  this proposed change would enable the                   modifications would remove                            two-sided quotations in their
                                                  Exchange to exclude option series, other                impediments to and perfect the                        appointments and would apply equally
                                                  than Excluded Options, from the                         mechanism of a free and open market                   to all Market Makers. Moreover, the
                                                  Underlying Price Check if the Exchange                  and would protect investors and the                   Exchange believes the proposal would
                                                  determines that the price protection                    public interest because it would exempt               provide market participants with
                                                  feature would not function as                           from the Underlying Price Check those                 additional protection from anomalous
                                                  intended.12 For example, if the last sale               Excluded Options for which there is no                executions while ensuring that the
                                                  is zero, for whatever reason, the                       reliable pricing data for the underlying              Underlying Price Check would not be
                                                  Exchange would have the discretion to                   security or index to perform the Check                performed in instances where the
                                                  forego the Underlying Price Check for a                 properly. Similarly, the Exchange                     Exchange lacks reliable pricing data for
                                                  particular call bid. Similarly, if there                believes the proposal to exclude any                  the underlying security. Thus, the
                                                  was some other event or change that                     option series for which the Exchange                  Exchange does not believe the proposal
                                                  impacted the underlying security (for                   determines it is necessary to exclude                 creates any significant impact on
                                                  example if there was a change to the                    underlying securities in the interests of             competition. The Exchange believes this
                                                  ticker symbol for the underlying                        maintaining a fair and orderly market                 proposal is pro-competitive as it allows
                                                  security), the Exchange would retain                    would likewise protect investors and
                                                                                                                                                                the Exchange to implement the second
                                                  discretion to exclude the affected                      the public interest because this change
                                                                                                                                                                layer of price protection, which may
                                                  options series from the Underlying Price                would enable the Exchange to ensure
                                                                                                                                                                encourage Market Makers to quote
                                                  Check. The Exchange notes that another                  that the Underlying Price Check
                                                                                                          operates as intended (i.e., when there is             tighter deeper markets, which will
                                                  options exchange likewise has retained                                                                        increase liquidity and enhance
                                                  discretion to withhold price protection                 reliable price data against which to
                                                                                                          perform the Check). Absent the                        competition.
                                                  features consistent with the Underlying
                                                  Price Check.13 If the Exchange                          proposed modification, otherwise                      C. Self-Regulatory Organization’s
                                                  determines that the Underlying Price                    acceptable Market Maker quotes would                  Statement on Comments on the
                                                  Check should not apply in the interest                  be erroneously rejected upon arrival                  Proposed Rule Change Received From
                                                  of maintaining a fair and orderly market,               because the Underlying Price Check                    Members, Participants, or Others
                                                  as proposed, the Exchange would                         would deem such quotes to be at prices
                                                  announce this decision by electronic                    that are through the (unreliable) last sale             No written comments were solicited
                                                  message to ATP Holders that request to                  price, which would be disruptive to                   or received with respect to the proposed
                                                  receive such messages.                                  Market Makers that provide necessary                  rule change.
                                                                                                          liquidity to the Exchange. Thus, the
                                                  Implementation                                          Exchange believes that this proposal                  III. Date of Effectiveness of the
                                                                                                          meets these requirements because it                   Proposed Rule Change and Timing for
                                                    The Exchange will announce the                                                                              Commission Action
                                                  implementation date of the proposed                     would assist with the maintenance of a
                                                  rule change, which will be before July                  fair and orderly market by allowing the                  Because the foregoing proposed rule
                                                  31, 2016, by Trader Update.14                           Exchange to implement the Underlying                  change does not: (i) Significantly affect
                                                                                                          Price Check to work as intended—to                    the protection of investors or the public
                                                  2. Statutory Basis                                      reduce the risk of Market Maker quotes
                                                                                                                                                                interest; (ii) impose any significant
                                                     The statutory basis for the proposed                 sweeping through multiple price points
                                                                                                                                                                burden on competition; and (iii) become
                                                  rule change is Section 6(b)(5) of the                   resulting in executions at prices that are
                                                                                                                                                                operative for 30 days from the date on
                                                  Securities Exchange Act of 1934 (the                    through the last sale price and
                                                                                                                                                                which it was filed, or such shorter time
                                                  ‘‘Act’’),15 which requires the rules of an              potentially erroneous.
                                                                                                             Finally, the Exchange believes the                 as the Commission may designate, it has
                                                  exchange to promote just and equitable                                                                        become effective pursuant to Section
                                                  principles of trade, to remove                          proposed change would promote just
                                                                                                          and equitable principles of trade                     19(b)(3)(A) 16 of the Act and Rule 19b–
                                                  impediments to and perfect the                                                                                4(f)(6) thereunder.17
                                                  mechanism of a free and open market                     because it would enable the Exchange to
                                                  and a national market system and, in                    implement the second layer of price                      At any time within 60 days of the
                                                  general, to protect investors and the                   protection for when an NBBO is not                    filing of the proposed rule change, the
                                                  public interest.                                        available, which would further assist                 Commission summarily may
                                                                                                          the Exchange in avoiding the processing               temporarily suspend such rule change if
                                                     11 See proposed Rule 967.1NY, Commentary .01.        of erroneous quotes that otherwise may                it appears to the Commission that such
                                                  See also proposed Rule 967.1NY (a)(2) and (3)           cause price dislocation before such                   action is: (i) Necessary or appropriate in
                                                  (providing that the Underlying Price Check would        quotes could cause harm to the market.                the public interest; (ii) for the protection
                                                  apply, ‘‘except as provided in Commentary .01 to
                                                  this Rule’’).                                           B. Self-Regulatory Organization’s                     of investors; or (iii) otherwise in
                                                     12 The Exchange would document, retain, and          Statement on Burden on Competition                    furtherance of the purposes of the Act.
                                                  periodically review any Exchange decision to not                                                              If the Commission takes such action, the
                                                  apply the Underlying Price Check, including the           The Exchange does not believe that                  Commission shall institute proceedings
                                                  reason for the decision.                                the proposed rule change would impose                 to determine whether the proposed rule
                                                     13 See Securities Exchange Act Release No. 76960     any burden on competition that is not                 should be approved or disapproved.
                                                  (January 21, 2016), 81 FR 4728 (January 27, 2016)       necessary or appropriate in furtherance
                                                  (SR–CBOE–2015–107) (approving price protection
                                                                                                          of the purposes of the Act. The
mstockstill on DSK3G9T082PROD with NOTICES




                                                  mechanisms for quotes and orders, which includes                                                                16 15  U.S.C. 78s(b)(3)(A).
                                                  the Chicago Board Options Exchange, Inc. retaining      Exchange believes the proposal would                    17 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                  discretion to withhold its Put Strike Price and Call    not unduly burden any particular group                4(f)(6) requires a self-regulatory organization to give
                                                  Underlying Value Checks).                               of market participants trading on the                 the Commission written notice of its intent to file
                                                     14 See supra n. 5. Once implemented, the
                                                                                                          Exchange vis-à-vis another group (i.e.,              the proposed rule change at least five business days
                                                  Exchange will file a separate proposed rule change                                                            prior to the date of filing of the proposed rule
                                                  to delete text in Commentary .01 regarding the July     Market Markers versus non-Market                      change, or such shorter time as designated by the
                                                  31, 2016 implementation deadline.                       Makers) as the Underlying Price Check,                Commission. The Exchange has satisfied this
                                                     15 15 U.S.C. 78f(b).                                 as modified, is designed to address the               requirement.



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                                                  27186                           Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices

                                                  IV. Solicitation of Comments                              For the Commission, by the Division of                  Dated: April 27, 2016.
                                                                                                          Trading and Markets, pursuant to delegated             Mark Taplin,
                                                    Interested persons are invited to                     authority.18                                           Deputy Assistant Secretary for Policy, Bureau
                                                  submit written data, views, and                                                                                of Educational and Cultural Affairs,
                                                                                                          Brent J. Fields,
                                                  arguments concerning the foregoing,                                                                            Department of State.
                                                                                                          Secretary.
                                                  including whether the proposed rule                                                                            [FR Doc. 2016–10548 Filed 5–4–16; 8:45 am]
                                                                                                          [FR Doc. 2016–10472 Filed 5–4–16; 8:45 am]
                                                  change is consistent with the Act.                                                                             BILLING CODE 4710–05–P
                                                  Comments may be submitted by any of                     BILLING CODE 8011–01–P

                                                  the following methods:
                                                                                                                                                                 DEPARTMENT OF STATE
                                                  Electronic Comments
                                                                                                          DEPARTMENT OF STATE
                                                    • Use the Commission’s Internet                                                                              [Public Notice 9547]
                                                  comment form (http://www.sec.gov/
                                                  rules/sro.shtml); or                                    [Public Notice 9548]                                   Culturally Significant Objects Imported
                                                                                                                                                                 for Exhibition Determinations:
                                                    • Send an email to rule-comments@                     Culturally Significant Objects Imported                ‘‘Bestowing Beauty: Masterpieces
                                                  sec.gov. Please include File Number SR–                 for Exhibition Determinations:                         From The Hossein Afshar Collection’’
                                                  NYSEMKT–2016–47 on the subject line.                    ‘‘Graphic Masters: Dürer, Rembrandt,                  Exhibition
                                                  Paper Comments                                          Hogarth, Goya, Picasso, R. Crumb’’
                                                                                                                                                                 SUMMARY:   Notice is hereby given of the
                                                                                                          Exhibition
                                                                                                                                                                 following determinations: Pursuant to
                                                    Send paper comments in triplicate to
                                                                                                          SUMMARY:    Notice is hereby given of the              the authority vested in me by the Act of
                                                  Secretary, Securities and Exchange                                                                             October 19, 1965 (79 Stat. 985; 22 U.S.C.
                                                  Commission, 100 F Street NE.,                           following determinations: Pursuant to
                                                                                                                                                                 2459), E.O. 12047 of March 27, 1978, the
                                                  Washington, DC 20549–1090.                              the authority vested in me by the Act of
                                                                                                                                                                 Foreign Affairs Reform and
                                                                                                          October 19, 1965 (79 Stat. 985; 22 U.S.C.
                                                  All submissions should refer to File                                                                           Restructuring Act of 1998 (112 Stat.
                                                                                                          2459), E. O. 12047 of March 27, 1978,
                                                  Number SR–NYSEMKT–2016–47. This                                                                                2681, et seq.; 22 U.S.C. 6501 note, et
                                                                                                          the Foreign Affairs Reform and                         seq.), Delegation of Authority No. 234 of
                                                  file number should be included on the                   Restructuring Act of 1998 (112 Stat.
                                                  subject line if email is used. To help the                                                                     October 1, 1999, Delegation of Authority
                                                                                                          2681, et seq.; 22 U.S.C. 6501 note, et                 No. 236–3 of August 28, 2000 (and, as
                                                  Commission process and review your                      seq.), Delegation of Authority No. 234 of
                                                  comments more efficiently, please use                                                                          appropriate, Delegation of Authority No.
                                                                                                          October 1, 1999, Delegation of Authority               257–1 of December 11, 2015), I hereby
                                                  only one method. The Commission will                    No. 236–3 of August 28, 2000 (and, as                  determine that the objects to be
                                                  post all comments on the Commission’s                   appropriate, Delegation of Authority No.               included in the exhibition ‘‘Bestowing
                                                  Internet Web site (http://www.sec.gov/                  257–1 of December 11, 2015), I hereby                  Beauty: Masterpieces from The Hossein
                                                  rules/sro.shtml). Copies of the                         determine that the objects to be                       Afshar Collection,’’ imported from
                                                  submission, all subsequent                              included in the exhibition ‘‘Graphic                   abroad for temporary exhibition within
                                                  amendments, all written statements                      Masters: Dürer, Rembrandt, Hogarth,                   the United States, are of cultural
                                                  with respect to the proposed rule                       Goya, Picasso, R. Crumb,’’ imported                    significance. The objects are imported
                                                  change that are filed with the                          from abroad for temporary exhibition                   pursuant to a loan agreement with the
                                                  Commission, and all written                             within the United States, are of cultural              foreign owner or custodian. I also
                                                  communications relating to the                          significance. The objects are imported                 determine that the exhibition or display
                                                  proposed rule change between the                        pursuant to a loan agreement with the                  of the exhibit objects at the Museum of
                                                  Commission and any person, other than                   foreign owner or custodian. I also                     Fine Arts, Houston, Houston, Texas,
                                                  those that may be withheld from the                     determine that the exhibition or display               from on about November 30, 2017, until
                                                  public in accordance with the                           of the exhibit objects at the Seattle Art              on or about November 27, 2022, and at
                                                  provisions of 5 U.S.C. 552, will be                     Museum, Seattle, Washington, from on                   possible additional exhibitions or
                                                  available for Web site viewing and                      or about June 9, 2016, until on or about               venues yet to be determined, is in the
                                                  printing in the Commission’s Public                     August 28, 2016, and at possible                       national interest. I have ordered that
                                                  Reference Room, 100 F Street NE.,                                                                              Public Notice of these Determinations
                                                                                                          additional exhibitions or venues yet to
                                                  Washington, DC 20549, on official                                                                              be published in the Federal Register.
                                                                                                          be determined, is in the national
                                                  business days between the hours of                      interest. I have ordered that Public                   FOR FURTHER INFORMATION CONTACT: For
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  Notice of these Determinations be                      further information, including a list of
                                                  filing also will be available for                       published in the Federal Register.                     the imported objects, contact the Office
                                                  inspection and copying at the principal                                                                        of Public Diplomacy and Public Affairs
                                                  office of the Exchange. All comments                    FOR FURTHER INFORMATION CONTACT:     For               in the Office of the Legal Adviser, U.S.
                                                  received will be posted without change;                 further information, including a list of               Department of State (telephone: 202–
                                                  the Commission does not edit personal                   the imported objects, contact the Office               632–6471; email: section2459@
                                                  identifying information from                            of Public Diplomacy and Public Affairs                 state.gov). The mailing address is U.S.
                                                  submissions. You should submit only                     in the Office of the Legal Adviser, U.S.               Department of State, L/PD, SA–5, Suite
                                                  information that you wish to make                       Department of State (telephone: 202–                   5H03, Washington, DC 20522–0505.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  available publicly. All submissions                     632–6471; email: section2459@                             Dated: April 27, 2016.
                                                  should referto File Number SR–                          state.gov). The mailing address is U.S.                Mark Taplin,
                                                  NYSEMKT–2016–47, and should be                          Department of State, L/PD, SA–5, Suite                 Deputy Assistant Secretary for Policy, Bureau
                                                  submitted on or before May 26, 2016.                    5H03, Washington, DC 20522–0505.                       of Educational and Cultural Affairs,
                                                                                                                                                                 Department of State.
                                                                                                                                                                 [FR Doc. 2016–10547 Filed 5–4–16; 8:45 am]
                                                                                                            18 17   CFR 200.30–3(a)(12).                         BILLING CODE 4710–05–P




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Document Created: 2016-05-05 01:15:02
Document Modified: 2016-05-05 01:15:02
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 27184 

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