81 FR 43320 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Commentary .02 to NYSE Amex Options Rule 960NY in Order To Extend the Penny Pilot Through December 31, 2016
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 127 (July 1, 2016)
Federal Register Volume 81, Issue 127 (July 1, 2016)
| Page Range | 43320-43322 | |
| FR Document | 2016-15715 |
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)] [Notices] [Pages 43320-43322] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15715] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-78176; File No. SR-NYSEMKT-2016-61] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Commentary .02 to NYSE Amex Options Rule 960NY in Order To Extend the Penny Pilot Through December 31, 2016 June 28, 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 June 17, 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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Commentary .02 to NYSE Amex Options Rule 960NY in order to extend the Penny Pilot in options classes in certain issues (``Pilot Program'') previously approved by the Securities and Exchange Commission (``Commission'') through December 31, 2016. The Pilot Program is currently scheduled to expire on June 30, 2016. The proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange hereby proposes to amend Commentary .02 to Exchange Rule 960NY to extend the time period of the Pilot Program,\4\ which is currently scheduled to expire on June 30, 2016, through December 31, 2016. The Exchange also proposes that the dates to replace issues in the Pilot Program that have been delisted be revised to the second trading day following July 1, 2016.\5\ --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 75281 (June 24, 2015), 80 FR 37338 (June 30, 2015) (SR-NYSEMKT-2015-43). \5\ The month immediately preceding a replacement class's addition to the Pilot Program (i.e., June) would not be used for purposes of the analysis for determining the replacement class. Thus, a replacement class to be added on the second trading day following July 1, 2016 would be identified based on The Option Clearing Corporation's trading volume data from December 1, 2015 through May 31, 2016. The Exchange will announce the replacement issues to the Exchange's membership through a Trader Update. --------------------------------------------------------------------------- This filing does not propose any substantive changes to the Pilot Program: All classes currently participating will remain the same and all minimum increments will remain unchanged. The Exchange believes the benefits to public customers and other market participants who will be able to express their true prices to buy and sell options have been demonstrated to outweigh the increase in quote traffic. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) \6\ of the Securities Exchange Act of 1934 (the ``Act''), in general, and furthers the objectives of Section 6(b)(5),\7\ in [[Page 43321]] particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanisms of a free and open market and a national market system. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b). \7\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- In particular, the proposed rule change, which extends the Penny Pilot Program for six months, allows the Exchange to continue to participate in a program that has been viewed as beneficial to traders, investors and public customers and viewed as successful by the other options exchanges participating in it. Accordingly, the Exchange believes that the proposal is consistent with the Act because it will allow the Exchange to extend the Pilot Program prior to its expiration on June 30, 2016. The Exchange notes that this proposal does not propose any new policies or provisions that are unique or unproven, but instead relates to the continuation of an existing program that operates on a pilot basis. The Exchange believes that the Pilot Program promotes just and equitable principles of trade by enabling public customers and other market participants to express their true prices to buy and sell options to the benefit of all market participants. The proposal to extend the Pilot Program is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanisms of a free and open market and a national market system, by allowing the Exchange and the Commission additional time to analyze the impact of the Pilot Program while also allowing the Exchange to continue to compete for order flow with other exchanges in option issues trading as part of the Pilot Program. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Specifically, the Exchange believes that, by extending the expiration of the Pilot Program, the proposed rule change will allow for further analysis of the Pilot Program and a determination of how the Program should be structured in the future. In doing so, the proposed rule change will also serve to promote regulatory clarity and consistency, thereby reducing burdens on the marketplace and facilitating investor protection. The Pilot Program is an industry-wide initiative supported by all other option exchanges. The Exchange believes that extending the Pilot Program will allow for continued competition between NYSE Amex Options market participants trading similar products as their counterparts on other exchanges, while at the same time allowing the Exchange to continue to compete for order flow with other exchanges in option issues trading as part of the Pilot Program. 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 The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\ Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b- 4(f)(6)(iii) thereunder. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78s(b)(3)(A)(iii). \9\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally does not become operative prior to 30 days after the date of the filing.\11\ However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because doing so will allow the Pilot Program to continue without interruption in a manner that is consistent with the Commission's prior approval of the extension and expansion of the Pilot Program and will allow the Exchange and the Commission additional time to analyze the impact of the Pilot Program.\13\ Accordingly, the Commission designates the proposed rule change as operative upon filing with the Commission.\14\ --------------------------------------------------------------------------- \10\ 17 CFR 240.19b-4(f)(6). \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this pre-filing requirement. \12\ 17 CFR 240.19b-4(f)(6)(iii). \13\ See Securities Exchange Act Release No. 61061 (November 24, 2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44). See also supra note 4. \14\ For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \15\ 15 U.S.C. 78s(b)(2)(B). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NYSEMKT-2016-61 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-2016-61. This file number should be included on the subject line if email is used. To help the Commission process and review your [[Page 43322]] 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 Section, 100 F Street NE., Washington, DC 20549-1090 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 NYSE's principal office. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEMKT-2016-61 and should be submitted on or before July 22, 2016. --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ Robert W. Errett, Deputy Secretary. [FR Doc. 2016-15715 Filed 6-30-16; 8:45 am] BILLING CODE 8011-01-P
![43320 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices
of the proposed rule change, or such received will be posted without change; and at the Commission’s Public
shorter time as designated by the the Commission does not edit personal Reference Room.
Commission. identifying information from
At any time within 60 days of the II. Self-Regulatory Organization’s
submissions. You should submit only
filing of the proposed rule change, the Statement of the Purpose of, and
information that you wish to make
Commission summarily may Statutory Basis for, the Proposed Rule
available publicly. All submissions
temporarily suspend such rule change if Change
should refer to File Number SR-
it appears to the Commission that such BatsEDGX–2016–25 and should be In its filing with the Commission, the
action is: (1) Necessary or appropriate in submitted on or before July 22, 2016. self-regulatory organization included
the public interest; (2) for the protection statements concerning the purpose of,
For the Commission, by the Division of
of investors; or (3) otherwise in Trading and Markets, pursuant to delegated and basis for, the proposed rule change
furtherance of the purposes of the Act. authority.20 and discussed any comments it received
If the Commission takes such action, the Robert W. Errett, on the proposed rule change. The text
Commission shall institute proceedings of those statements may be examined at
Deputy Secretary.
to determine whether the proposed rule the places specified in Item IV below.
[FR Doc. 2016–15581 Filed 6–30–16; 8:45 am]
should be approved or disapproved. The Exchange has prepared summaries,
BILLING CODE 8011–01–P
IV. Solicitation of Comments set forth in sections A, B, and C below,
of the most significant parts of such
Interested persons are invited to statements.
submit written data, views, and SECURITIES AND EXCHANGE
arguments concerning the foregoing, COMMISSION A. Self-Regulatory Organization’s
including whether the proposed rule Statement of the Purpose of, and the
[Release No. 34–78176; File No. SR– Statutory Basis for, the Proposed Rule
change is consistent with the Act. NYSEMKT–2016–61]
Comments may be submitted by any of Change
the following methods: Self-Regulatory Organizations; NYSE 1. Purpose
Electronic Comments MKT LLC; Notice of Filing and The Exchange hereby proposes to
Immediate Effectiveness of Proposed
• Use the Commission’s Internet Rule Change Amending Commentary
amend Commentary .02 to Exchange
comment form (http://www.sec.gov/ Rule 960NY to extend the time period
.02 to NYSE Amex Options Rule 960NY of the Pilot Program,4 which is currently
rules/sro.shtml); or in Order To Extend the Penny Pilot
• Send an email to rule-comments@ scheduled to expire on June 30, 2016,
Through December 31, 2016 through December 31, 2016. The
sec.gov. Please include File Number SR-
BatsEDGX–2016–25 on the subject line. June 28, 2016. Exchange also proposes that the dates to
Pursuant to Section 19(b)(1) 1 of the replace issues in the Pilot Program that
Paper Comments have been delisted be revised to the
Securities Exchange Act of 1934 (the
• Send paper comments in triplicate ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 second trading day following July 1,
to Secretary, Securities and Exchange notice is hereby given that on June 17, 2016.5
Commission, 100 F Street, NE., 2016, NYSE MKT LLC (the ‘‘Exchange’’ This filing does not propose any
Washington, DC 20549–1090. or ‘‘NYSE MKT’’) filed with the substantive changes to the Pilot
All submissions should refer to File Securities and Exchange Commission Program: All classes currently
Number SR-BatsEDGX–2016–25. This (the ‘‘Commission’’) the proposed rule participating will remain the same and
file number should be included on the change as described in Items I and II all minimum increments will remain
subject line if email is used. To help the below, which Items have been prepared unchanged. The Exchange believes the
Commission process and review your by the self-regulatory organization. The benefits to public customers and other
comments more efficiently, please use Commission is publishing this notice to market participants who will be able to
only one method. The Commission will solicit comments on the proposed rule express their true prices to buy and sell
post all comments on the Commission’s change from interested persons. options have been demonstrated to
Internet Web site (http://www.sec.gov/ outweigh the increase in quote traffic.
rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s
Statement of the Terms of Substance of 2. Statutory Basis
submission, all subsequent
amendments, all written statements the Proposed Rule Change The proposed rule change is
with respect to the proposed rule consistent with Section 6(b) 6 of the
The Exchange proposes to amend
change that are filed with the Commentary .02 to NYSE Amex Options Securities Exchange Act of 1934 (the
Commission, and all written Rule 960NY in order to extend the ‘‘Act’’), in general, and furthers the
communications relating to the Penny Pilot in options classes in certain objectives of Section 6(b)(5),7 in
proposed rule change between the issues (‘‘Pilot Program’’) previously 4 See Securities Exchange Act Release No. 75281
Commission and any person, other than approved by the Securities and (June 24, 2015), 80 FR 37338 (June 30, 2015) (SR–
those that may be withheld from the Exchange Commission (‘‘Commission’’) NYSEMKT–2015–43).
public in accordance with the through December 31, 2016. The Pilot 5 The month immediately preceding a
provisions of 5 U.S.C. 552, will be Program is currently scheduled to replacement class’s addition to the Pilot Program
available for Web site viewing and (i.e., June) would not be used for purposes of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
expire on June 30, 2016. The proposed analysis for determining the replacement class.
printing in the Commission’s Public rule change is available on the Thus, a replacement class to be added on the
Reference Room, 100 F Street, NE., Exchange’s Web site at www.nyse.com, second trading day following July 1, 2016 would be
Washington, DC 20549, on official at the principal office of the Exchange, identified based on The Option Clearing
business days between the hours of Corporation’s trading volume data from December
1, 2015 through May 31, 2016. The Exchange will
10:00 a.m. and 3:00 p.m. Copies of such 20 17 CFR 200.30–3(a)(12). announce the replacement issues to the Exchange’s
filing will also be available for 1 15 U.S.C. 78s(b)(1). membership through a Trader Update.
inspection and copying at the principal 2 15 U.S.C. 78a. 6 15 U.S.C. 78f(b).
office of the Exchange. All comments 3 17 CFR 240.19b–4. 7 15 U.S.C. 78f(b)(5).
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![43322 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices
comments more efficiently, please use change as described in Items I and II Current PIP Allocation
only one method. The Commission will below, which Items have been prepared At the conclusion of a PIP, the PIP
post all comments on the Commission’s by the self-regulatory organization. The Order is currently matched against the
Internet Web site (http://www.sec.gov/ Commission is publishing this notice to best prevailing quote(s) or order(s) on
rules/sro.shtml). Copies of the solicit comments on the proposed rule BOX (except any pre-PIP Broadcast
submission, all subsequent change from interested persons. proprietary quote or order from the
amendments, all written statements Initiating Participant), in accordance
with respect to the proposed rule I. Self-Regulatory Organization’s
Statement of the Terms of Substance of with the priority algorithm described
change that are filed with the below, whether Improvement Order(s) 4
Commission, and all written the Proposed Rule Change
or Unrelated Order(s) 5 received by
communications relating to the The Exchange proposes to amend BOX, or Legging Orders 6 generated
proposed rule change between the BOX Rule 7150 (Price Improvement during the PIP (excluding Unrelated
Commission and any person, other than Period (‘‘PIP’’)) to establish the Quality Orders that were immediately executed
those that may be withheld from the Market Maker allocation in a PIP Order. during the interval of the PIP). Such
public in accordance with the The text of the proposed rule change is orders may include agency orders on
provisions of 5 U.S.C. 552, will be available from the principal office of the behalf of Public Customers, Market
available for Web site viewing and Exchange, at the Commission’s Public Makers at away exchanges and non-BOX
printing in the Commission’s Public Reference Room and also on the Options Participant broker-dealers, as
Reference Section, 100 F Street NE., Exchange’s Internet Web site at http:// well as non-PIP proprietary orders
Washington, DC 20549–1090 on official boxexchange.com. submitted by Options Participants.
business days between the hours of The Exchange’s Rules currently
10:00 a.m. and 3:00 p.m. Copies of the II. Self-Regulatory Organization’s
Statement of the Purpose of, and provide the following allocations for
filing also will be available for when the total quantity of orders,
inspection and copying at the NYSE’s Statutory Basis for, the Proposed Rule
Change quotes, Improvement Orders, Legging
principal office. All comments received Orders and the Primary Improvement
will be posted without change; the In its filing with the Commission, the Order is greater than the quantity of the
Commission does not edit personal self-regulatory organization included PIP Order at a given price level:
identifying information from statements concerning the purpose of,
submissions. You should submit only Public Customer Allocation
and basis for, the proposed rule change
information that you wish to make and discussed any comments it received All orders, other than Legging Orders
available publicly. All submissions on the proposed rule change. The text and the Primary Improvement Order, for
should refer to File Number SR– of these statements may be examined at the account of Public Customers,
NYSEMKT–2016–61 and should be the places specified in Item IV below. whether Improvement Orders or
submitted on or before July 22,2016. The self-regulatory organization has Unrelated Orders, including quotes and
For the Commission, by the Division of prepared summaries, set forth in orders on the BOX Book 7 prior to the
Trading and Markets, pursuant to delegated Sections A, B, and C below, of the most PIP Broadcast, will be allocated for
authority.16 significant aspects of such statements. execution against the PIP Order first.8
Robert W. Errett, Where there are multiple such orders for
Deputy Secretary. A. Self-Regulatory Organization’s the account of Public Customers at the
[FR Doc. 2016–15715 Filed 6–30–16; 8:45 am]
Statement of the Purpose of, and same price, the trade allocation will be
Statutory Basis for, the Proposed Rule by time priority. If, at the end of the
BILLING CODE 8011–01–P
Change Public Customer allocation, there
1. Purpose remains any unallocated quantity of the
SECURITIES AND EXCHANGE PIP Order, the balance will be allocated
COMMISSION The Exchange proposes to amend to the Primary Improvement Order
BOX Rule 7150 (Price Improvement allocation described below.
[Release No. 34–78171; File No. SR–BOX– Period (‘‘PIP’’)) to establish the Quality
2016–25] Primary Improvement Order Allocation
Market Maker allocation in a PIP Order.
Self-Regulatory Organizations; BOX This is a competitive filing that is based After the Public Customer allocation,
Options Exchange LLC; Notice of on a proposal recently submitted by the applicable trade allocation described
Filing and Immediate Effectiveness of NASDAQ OMX BX, Inc. (‘‘BX’’) and below will be allocated to the Primary
a Proposed Rule Change To Amend approved by the Commission.3 Improvement Order.9 After Public
Rule 7150 (Price Improvement Period PIP Customer Orders have been satisfied,
(‘‘PIP’’)) To Establish the Quality the Initiating Participant’s Primary
Market Maker Allocation in a PIP Order The Exchange currently offers Improvement Order retains priority for
Participants the possibility of price up to 40% of the remaining size of the
June 28, 2016. improvement via its electronic auction PIP Order when the Primary
Pursuant to Section 19(b)(1) of the process known as the PIP. The PIP has Improvement Order matches any
Securities Exchange Act of 1934 (the saved investors more than $722 million competing Improvement Orders and/or
‘‘Act’’),1 and Rule 19b–4 thereunder,2 versus the prevailing NBBO since 2004. non-Public Customers’ Unrelated Orders
asabaliauskas on DSK3SPTVN1PROD with NOTICES
notice is hereby given that on June 15, BOX believes that the proposed rule at the final price level. If the Primary
2016, BOX Options Exchange LLC (the change will result in tighter and deeper Improvement Order has designated a
‘‘Exchange’’) filed with the Securities markets, resulting in more liquidity on
and Exchange Commission BOX. 4 See BOX Rule 7150(f)(1).
(‘‘Commission’’) the proposed rule 5 See BOX Rule 7150(a)(1).
6 See BOX Rule 7240(c).
3 See Securities Exchange Act Release No. 34–
16 17 CFR 200.30–3(a)(12). 7 See BOX Rule 100(a)(10).
76301 (October 29, 2015), 80 FR 68347 (November
1 15 U.S.C. 78s(b)(1). 8 See BOX Rule 7150(g)(1).
4, 2016) (Order Approving SR–BX–2015–032). See
2 17 CFR 240.19b–4. also BX Rule BX Chapter VI, Sec. 9(ii)(E)(3). 9 See BOX Rule 7150(g)(2).
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Document Created: 2016-07-14 11:37:28
Document Modified: 2016-07-14 11:37:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 81 FR 43320 |
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