81_FR_45710 81 FR 45575 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 975NY Regarding Transactions That Qualify as a Catastrophic Error as it Relates to Binary Return Derivatives Contracts

81 FR 45575 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 975NY Regarding Transactions That Qualify as a Catastrophic Error as it Relates to Binary Return Derivatives Contracts

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 135 (July 14, 2016)

Page Range45575-45577
FR Document2016-16617

Federal Register, Volume 81 Issue 135 (Thursday, July 14, 2016)
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45575-45577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16617]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78266; File No. SR-NYSEMKT-2016-66]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Amending Rule 975NY 
Regarding Transactions That Qualify as a Catastrophic Error as it 
Relates to Binary Return Derivatives Contracts

July 8, 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 July 1, 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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 975NY regarding transactions 
that qualify as a Catastrophic Error as it relates to Binary Return 
Derivatives contracts (``ByRDs''). 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend Rule 975NY (Nullification and 
Adjustment of Options Transactions including Obvious Errors) regarding 
transactions that qualify as a Catastrophic Error as it relates to 
ByRDs.
    The Exchange recently amended its rules related to ByRDs, including 
portions of Rule 975NY regarding when a ByRDs transaction may qualify 
as a Catastrophic Error.\4\ In the ByRDs filing, the Exchange clarified 
that any transactions in ByRDs qualifying as a Catastrophic Error 
``that is higher or lower than the Theoretical Price by $.50 or more 
shall be deemed a Catastrophic Error, subject to the adjustment 
procedures of paragraph (d)(3) unless such adjustment would result in a 
price higher than $1.02, in which case the

[[Page 45576]]

adjustment price shall be $1.02.'' \5\ This change was designed to 
ensure that ByRDs trades that are deemed Catastrophic Errors are never 
adjusted to a price above $1.02.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 77014 (February 2, 
2016), 81 FR 6566 (February 8, 2016) (SR-NYSEMKT-2016-16) (the 
``ByRDs filing'').
    \5\ See Rule 975NY(d)(3)(A). This change was made to ensure 
consistency with obvious errors in ByRDs, which likewise caps any 
adjustment to ByRDs at a price no higher than $1.02. See Rule 
975NY(c)(6).
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    In connection with this modification, the Exchange deleted language 
from the definition of Catastrophic Error providing that any ByRDs 
transaction occurring at a price greater than $1.02 was presumptively a 
Catastrophic Error.\6\ The Exchange proposes to restore this concept to 
the rule text, as the deletion was erroneous. Specifically, the current 
rule does not appropriately capture as Catastrophic Errors those 
transactions in ByRDs occurring at prices greater than $1.02 but not 
more than $0.50 away from the Theoretical Price.
---------------------------------------------------------------------------

    \6\ See supra n. 3, 81 FR at 6566 (striking from Rule 
975NY(d)(1) the caveat that ``except for Binary Return Derivatives 
where any transaction occurring at a price greater than $1.02 shall 
qualify as a Catastrophic Error'').
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    ByRDs are binary options and, as such, differ from traditional 
options traded on U.S. options exchanges by providing a discontinuous 
or non-linear payout. An in-the-money ByRD will pay a fixed sum at 
expiration regardless of the magnitude of the difference between the 
option's exercise price and the settlement price. Specifically, at 
expiration, a ByRDs contract will be worth $0 or $1.00; it will never 
have a value greater than $1.00. Any transaction in ByRDs for over 
$1.00 would result in an automatic loss. Consistent with the Exchange 
adjusting a Catastrophic Error in a ByRDs trade to a price no greater 
than $1.02 as provided for in Rule 975NY(d)(3)(A), the Exchange 
believes that no trade in ByRDs greater than $1.02 should stand, but 
should instead be adjusted to $1.02.\7\ Thus, the Exchange believes the 
proposed change would ensure that ByRDs trades that are $1.02 or more 
are deemed a Catastrophic Error, in addition to being appropriately 
adjusted.\8\
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    \7\ See proposed 975NY(d)(3)(A) (providing that any transaction 
in ByRDs that is ``(1) higher or lower than the Theoretical Price by 
$.50 or more or (2) at a price greater than $1.02 shall be deemed a 
Catastrophic Error, subject to the adjustment procedures of 
paragraph (d)(3) unless such adjustment would result in a price 
higher than $1.02, in which case the adjustment price shall be 
$1.02'').
    \8\ As noted in the ByRDs filing, ByRDs contracts were outside 
of the scope of the industry wide effort to harmonize Obvious and 
Catastrophic Error rules, and the proposed change therefore does not 
impact the harmonization effort. See Securities Exchange Act Release 
No. 74920 (May 8, 2015), 80 FR 27816, 27822 (May 14, 2015) (SR-
NYSEMKT-2015-39).
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    Finally, the Exchange proposes to correct the reference to 
``ByRDS'' in Rule 975NY(d)(3)(A) to ``ByRDs,'' which would make the 
reference consistent with other Exchange rules.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
Section 6(b) \9\ of the Securities Exchange Act of 1934 (the ``Act''), 
in general, and furthers the objectives of Section 6(b)(5),\10\ in 
particular, in that it 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 mechanism of a free and open 
market and a national market system.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the proposed change is designed to promote just and 
equitable principles of trade, and to remove impediments to and perfect 
the mechanism of a free and open market and a national market system, 
as the proposed change would ensure that ByRDs trades resulting from 
Catastrophic Errors are appropriately characterized as such and, in 
turn, appropriately adjusted. In addition, the proposed change would 
ensure that the Exchange would not be prevented from adjusting a trade 
in ByRDs that is the result of a Catastrophic Error, which would 
protect investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes that 
the proposed rule change will serve to promote regulatory clarity and 
consistency, thereby reducing burdens on the marketplace and 
facilitating investor protection.

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) of the Act and Rule 19b-
4(f)(6) thereunder.\11\
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    \11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \12\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the 
Commission to 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 Exchange 
stated that the proposed rule change would ensure that the manner by 
which the Exchange determines whether a Catastrophic Error in a ByRDs 
trade has occurred is consistent with the standards by which the 
Exchange would adjust a ByRDs trade as provided for in Rule 
975NY(d)(3). The Exchange further stated that waiver of the operative 
delay is consistent with the protection of investors and the public 
interest because it would promote regulatory clarity and consistency, 
thereby reducing burdens on the marketplace and facilitating investor 
protection. The Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest. Therefore, the Commission hereby waives the operative delay 
and designates the proposed rule change operative upon filing.\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings

[[Page 45577]]

to determine whether the proposed rule should be approved or 
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic 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-2016-66 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2016-66. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEMKT-2016-66, and should 
be submitted on or before August 4, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016-16617 Filed 7-13-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices                                                    45575

                                                    become operative immediately upon                        Commission process and review your                      Securities and Exchange Commission
                                                    filing. The Exchange stated that the                     comments more efficiently, please use                   (the ‘‘Commission’’) the proposed rule
                                                    proposed rule change would ensure that                   only one method. The Commission will                    change as described in Items I and II
                                                    the manner by which the Exchange                         post all comments on the Commission’s                   below, which Items have been prepared
                                                    determines whether a Catastrophic Error                  Internet Web site (http://www.sec.gov/                  by the self-regulatory organization. The
                                                    in a ByRDs trade has occurred is                         rules/sro.shtml). Copies of the                         Commission is publishing this notice to
                                                    consistent with the standards by which                   submission, all subsequent                              solicit comments on the proposed rule
                                                    the Exchange would adjust a ByRDs                        amendments, all written statements                      change from interested persons.
                                                    trade as provided for in Rule 6.87(d)(3).                with respect to the proposed rule
                                                                                                                                                                     I. Self-Regulatory Organization’s
                                                    The Exchange further stated that waiver                  change that are filed with the
                                                                                                                                                                     Statement of the Terms of the Substance
                                                    of the operative delay is consistent with                Commission, and all written
                                                                                                                                                                     of the Proposed Rule Change
                                                    the protection of investors and the                      communications relating to the
                                                    public interest because it would                         proposed rule change between the                           The Exchange proposes to amend
                                                    promote regulatory clarity and                           Commission and any person, other than                   Rule 975NY regarding transactions that
                                                    consistency, thereby reducing burdens                    those that may be withheld from the                     qualify as a Catastrophic Error as it
                                                    on the marketplace and facilitating                      public in accordance with the                           relates to Binary Return Derivatives
                                                    investor protection. The Commission                      provisions of 5 U.S.C. 552, will be                     contracts (‘‘ByRDs’’). The proposed rule
                                                    believes that waiving the 30-day                         available for Web site viewing and                      change is available on the Exchange’s
                                                    operative delay is consistent with the                   printing in the Commission’s Public                     Web site at www.nyse.com, at the
                                                    protection of investors and the public                   Reference Room, 100 F Street NE.,                       principal office of the Exchange, and at
                                                    interest. Therefore, the Commission                      Washington, DC 20549 on official                        the Commission’s Public Reference
                                                    hereby waives the operative delay and                    business days between the hours of                      Room.
                                                    designates the proposed rule change                      10:00 a.m. and 3:00 p.m. Copies of such                 II. Self-Regulatory Organization’s
                                                    operative upon filing.13                                 filing also will be available for                       Statement of the Purpose of, and
                                                       At any time within 60 days of the                     inspection and copying at the principal                 Statutory Basis for, the Proposed Rule
                                                    filing of the proposed rule change, the                  office of the Exchange. All comments                    Change
                                                    Commission summarily may                                 received will be posted without change;
                                                                                                             the Commission does not edit personal                      In its filing with the Commission, the
                                                    temporarily suspend such rule change if                                                                          self-regulatory organization included
                                                    it appears to the Commission that such                   identifying information from
                                                                                                             submissions. You should submit only                     statements concerning the purpose of,
                                                    action is necessary or appropriate in the                                                                        and basis for, the proposed rule change
                                                    public interest, for the protection of                   information that you wish to make
                                                                                                             available publicly. All submissions                     and discussed any comments it received
                                                    investors, or otherwise in furtherance of                                                                        on the proposed rule change. The text
                                                    the purposes of the Act. If the                          should refer to File Number SR–
                                                                                                             NYSEArca–2016–93, and should be                         of those statements may be examined at
                                                    Commission takes such action, the                                                                                the places specified in Item IV below.
                                                    Commission shall institute proceedings                   submitted on or before August 4, 2016.
                                                                                                                                                                     The Exchange has prepared summaries,
                                                    to determine whether the proposed rule                      For the Commission, by the Division of
                                                                                                                                                                     set forth in sections A, B, and C below,
                                                    should be approved or disapproved.                       Trading and Markets, pursuant to delegated
                                                                                                             authority.14                                            of the most significant parts of such
                                                    IV. Solicitation of Comments                             Jill M. Peterson,                                       statements.
                                                      Interested persons are invited to                      Assistant Secretary.                                    A. Self-Regulatory Organization’s
                                                    submit written data, views, and                          [FR Doc. 2016–16618 Filed 7–13–16; 8:45 am]             Statement of the Purpose of, and
                                                    arguments concerning the foregoing,                      BILLING CODE 8011–01–P                                  Statutory Basis for, the Proposed Rule
                                                    including whether the proposed rule                                                                              Change
                                                    change is consistent with the Act.
                                                                                                             SECURITIES AND EXCHANGE                                 1. Purpose
                                                    Comments may be submitted by any of
                                                    the following methods:                                   COMMISSION                                                 The Exchange is proposing to amend
                                                                                                                                                                     Rule 975NY (Nullification and
                                                    Electronic Comments                                      [Release No. 34–78266; File No. SR–
                                                                                                             NYSEMKT–2016–66]
                                                                                                                                                                     Adjustment of Options Transactions
                                                      • Use the Commission’s Internet                                                                                including Obvious Errors) regarding
                                                    comment form (http://www.sec.gov/                        Self-Regulatory Organizations; NYSE                     transactions that qualify as a
                                                    rules/sro.shtml); or                                     MKT LLC; Notice of Filing and                           Catastrophic Error as it relates to ByRDs.
                                                      • Send an email to rule-comments@                      Immediate Effectiveness of Proposed                        The Exchange recently amended its
                                                    sec.gov. Please include File Number SR–                  Rule Change Amending Rule 975NY                         rules related to ByRDs, including
                                                    NYSEArca–2016–93 on the subject line.                    Regarding Transactions That Qualify                     portions of Rule 975NY regarding when
                                                                                                             as a Catastrophic Error as it Relates to                a ByRDs transaction may qualify as a
                                                    Paper Comments                                                                                                   Catastrophic Error.4 In the ByRDs filing,
                                                                                                             Binary Return Derivatives Contracts
                                                       • Send paper comments in triplicate                                                                           the Exchange clarified that any
                                                    to Brent J. Fields, Secretary, Securities                July 8, 2016.                                           transactions in ByRDs qualifying as a
                                                    and Exchange Commission, 100 F Street                       Pursuant to Section 19(b)(1) 1 of the                Catastrophic Error ‘‘that is higher or
                                                    NE., Washington, DC 20549–1090.                          Securities Exchange Act of 1934 (the                    lower than the Theoretical Price by $.50
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    All submissions should refer to File                     ‘‘Act’’),2 and Rule 19b–4 thereunder,3                  or more shall be deemed a Catastrophic
                                                    Number SR–NYSEArca–2016–93. This                         notice is hereby given that on July 1,                  Error, subject to the adjustment
                                                    file number should be included on the                    2016, NYSE MKT LLC (the ‘‘Exchange’’                    procedures of paragraph (d)(3) unless
                                                    subject line if email is used. To help the               or ‘‘NYSE MKT’’) filed with the                         such adjustment would result in a price
                                                                                                                                                                     higher than $1.02, in which case the
                                                                                                                  14 17 CFR 200.30–3(a)(12).
                                                      13 For purposes only of waiving the 30-day
                                                                                                                  1 15 U.S.C. 78s(b)(1).
                                                    operative delay, the Commission has considered the                                                                 4 See Securities Exchange Act Release No. 77014
                                                                                                                  2 15 U.S.C. 78a.
                                                    proposed rule’s impact on efficiency, competition,                                                               (February 2, 2016), 81 FR 6566 (February 8, 2016)
                                                    and capital formation. See 15 U.S.C. 78c(f).                  3 17 CFR 240.19b–4.                                (SR–NYSEMKT–2016–16) (the ‘‘ByRDs filing’’).



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                                                    45576                          Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices

                                                    adjustment price shall be $1.02.’’ 5 This                  Finally, the Exchange proposes to                        the protection of investors or the public
                                                    change was designed to ensure that                       correct the reference to ‘‘ByRDS’’ in                      interest; (ii) impose any significant
                                                    ByRDs trades that are deemed                             Rule 975NY(d)(3)(A) to ‘‘ByRDs,’’ which                    burden on competition; and (iii) become
                                                    Catastrophic Errors are never adjusted to                would make the reference consistent                        operative for 30 days from the date on
                                                    a price above $1.02.                                     with other Exchange rules.                                 which it was filed, or such shorter time
                                                       In connection with this modification,                                                                            as the Commission may designate, it has
                                                    the Exchange deleted language from the                   2. Statutory Basis                                         become effective pursuant to Section
                                                    definition of Catastrophic Error                            The Exchange believes the proposed                      19(b)(3)(A) of the Act and Rule 19b–
                                                    providing that any ByRDs transaction                     rule change is consistent with Section                     4(f)(6) thereunder.11
                                                    occurring at a price greater than $1.02                  6(b) 9 of the Securities Exchange Act of                      A proposed rule change filed
                                                    was presumptively a Catastrophic                         1934 (the ‘‘Act’’), in general, and                        pursuant to Rule 19b–4(f)(6) under the
                                                    Error.6 The Exchange proposes to                         furthers the objectives of Section                         Act 12 normally does not become
                                                    restore this concept to the rule text, as                6(b)(5),10 in particular, in that it is                    operative for 30 days after the date of its
                                                    the deletion was erroneous. Specifically,                designed to promote just and equitable                     filing. However, Rule 19b–4(f)(6)(iii) 13
                                                    the current rule does not appropriately                  principles of trade, to foster cooperation                 permits the Commission to designate a
                                                    capture as Catastrophic Errors those                     and coordination with persons engaged                      shorter time if such action is consistent
                                                    transactions in ByRDs occurring at                       in facilitating transactions in securities,                with the protection of investors and the
                                                    prices greater than $1.02 but not more                   and to remove impediments to and                           public interest. The Exchange has asked
                                                    than $0.50 away from the Theoretical                     perfect the mechanism of a free and                        the Commission to waive the 30-day
                                                    Price.                                                   open market and a national market                          operative delay so that the proposal may
                                                       ByRDs are binary options and, as                      system.                                                    become operative immediately upon
                                                    such, differ from traditional options                       Specifically, the proposed change is                    filing. The Exchange stated that the
                                                    traded on U.S. options exchanges by                      designed to promote just and equitable                     proposed rule change would ensure that
                                                    providing a discontinuous or non-linear                  principles of trade, and to remove                         the manner by which the Exchange
                                                    payout. An in-the-money ByRD will pay                    impediments to and perfect the                             determines whether a Catastrophic Error
                                                    a fixed sum at expiration regardless of                  mechanism of a free and open market                        in a ByRDs trade has occurred is
                                                    the magnitude of the difference between                  and a national market system, as the                       consistent with the standards by which
                                                    the option’s exercise price and the                      proposed change would ensure that                          the Exchange would adjust a ByRDs
                                                    settlement price. Specifically, at                       ByRDs trades resulting from                                trade as provided for in Rule
                                                    expiration, a ByRDs contract will be                     Catastrophic Errors are appropriately                      975NY(d)(3). The Exchange further
                                                    worth $0 or $1.00; it will never have a                  characterized as such and, in turn,                        stated that waiver of the operative delay
                                                    value greater than $1.00. Any                            appropriately adjusted. In addition, the                   is consistent with the protection of
                                                    transaction in ByRDs for over $1.00                      proposed change would ensure that the                      investors and the public interest
                                                    would result in an automatic loss.                       Exchange would not be prevented from                       because it would promote regulatory
                                                    Consistent with the Exchange adjusting                   adjusting a trade in ByRDs that is the                     clarity and consistency, thereby
                                                    a Catastrophic Error in a ByRDs trade to                 result of a Catastrophic Error, which                      reducing burdens on the marketplace
                                                    a price no greater than $1.02 as                         would protect investors and the public                     and facilitating investor protection. The
                                                    provided for in Rule 975NY(d)(3)(A),                     interest.                                                  Commission believes that waiving the
                                                    the Exchange believes that no trade in                                                                              30-day operative delay is consistent
                                                    ByRDs greater than $1.02 should stand,                   B. Self-Regulatory Organization’s                          with the protection of investors and the
                                                    but should instead be adjusted to                        Statement on Burden on Competition                         public interest. Therefore, the
                                                    $1.02.7 Thus, the Exchange believes the                    The Exchange does not believe that                       Commission hereby waives the
                                                    proposed change would ensure that                        the proposed rule change will impose                       operative delay and designates the
                                                    ByRDs trades that are $1.02 or more are                  any burden on competition that is not                      proposed rule change operative upon
                                                    deemed a Catastrophic Error, in                          necessary or appropriate in furtherance                    filing.14
                                                    addition to being appropriately                          of the purposes of the Act. The                               At any time within 60 days of the
                                                    adjusted.8                                               Exchange believes that the proposed                        filing of the proposed rule change, the
                                                                                                             rule change will serve to promote                          Commission summarily may
                                                       5 See Rule 975NY(d)(3)(A). This change was made       regulatory clarity and consistency,                        temporarily suspend such rule change if
                                                    to ensure consistency with obvious errors in ByRDs,      thereby reducing burdens on the                            it appears to the Commission that such
                                                    which likewise caps any adjustment to ByRDs at a                                                                    action is necessary or appropriate in the
                                                    price no higher than $1.02. See Rule 975NY(c)(6).
                                                                                                             marketplace and facilitating investor
                                                       6 See supra n. 3, 81 FR at 6566 (striking from Rule   protection.                                                public interest, for the protection of
                                                    975NY(d)(1) the caveat that ‘‘except for Binary                                                                     investors, or otherwise in furtherance of
                                                    Return Derivatives where any transaction occurring
                                                                                                             C. Self-Regulatory Organization’s                          the purposes of the Act. If the
                                                    at a price greater than $1.02 shall qualify as a         Statement on Comments on the                               Commission takes such action, the
                                                    Catastrophic Error’’).                                   Proposed Rule Change Received From                         Commission shall institute proceedings
                                                       7 See proposed 975NY(d)(3)(A) (providing that
                                                                                                             Members, Participants, or Others
                                                    any transaction in ByRDs that is ‘‘(1) higher or
                                                    lower than the Theoretical Price by $.50 or more or        No written comments were solicited                         11 17 CFR 240.19b–4(f)(6). As required under Rule

                                                    (2) at a price greater than $1.02 shall be deemed a      or received with respect to the proposed                   19b–4(f)(6)(iii), the Exchange provided the
                                                    Catastrophic Error, subject to the adjustment                                                                       Commission with written notice of its intent to file
                                                                                                             rule change.                                               the proposed rule change, along with a brief
                                                    procedures of paragraph (d)(3) unless such
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    adjustment would result in a price higher than           III. Date of Effectiveness of the                          description and the text of the proposed rule
                                                    $1.02, in which case the adjustment price shall be                                                                  change, at least five business days prior to the date
                                                                                                             Proposed Rule Change and Timing for                        of filing of the proposed rule change, or such
                                                    $1.02’’).
                                                       8 As noted in the ByRDs filing, ByRDs contracts       Commission Action                                          shorter time as designated by the Commission.
                                                                                                                                                                          12 17 CFR 240.19b–4(f)(6).
                                                    were outside of the scope of the industry wide effort       Because the foregoing proposed rule                       13 17 CFR 240.19b–4(f)(6)(iii).
                                                    to harmonize Obvious and Catastrophic Error rules,
                                                    and the proposed change therefore does not impact
                                                                                                             change does not: (i) Significantly affect                    14 For purposes only of waiving the 30-day

                                                    the harmonization effort. See Securities Exchange                                                                   operative delay, the Commission has considered the
                                                                                                                  9 15   U.S.C. 78f(b).
                                                    Act Release No. 74920 (May 8, 2015), 80 FR 27816,                                                                   proposed rule’s impact on efficiency, competition,
                                                    27822 (May 14, 2015) (SR–NYSEMKT–2015–39).                    10 15   U.S.C. 78f(b)(5).                             and capital formation. See 15 U.S.C. 78c(f).



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                                                                                     Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices                                                    45577

                                                    to determine whether the proposed rule                        For the Commission, by the Division of               Commission instituted proceedings
                                                    should be approved or disapproved.                         Trading and Markets, pursuant to delegated              under Section 19(b)(2)(B) of the Act 7 to
                                                                                                               authority.15                                            determine whether to approve or
                                                    IV. Solicitation of Comments                               Jill M. Peterson,                                       disapprove the proposed rule change, as
                                                                                                               Assistant Secretary.                                    modified by Amendment No. 1 thereto.8
                                                      Interested persons are invited to
                                                    submit written data, views, and                            [FR Doc. 2016–16617 Filed 7–13–16; 8:45 am]             On June 7, 2016, the Commission issued
                                                    arguments concerning the foregoing,                        BILLING CODE 8011–01–P                                  a notice of designation of a longer
                                                    including whether the proposed rule                                                                                period for Commission action on
                                                    change is consistent with the Act.                                                                                 proceedings to determine whether to
                                                    Comments may be submitted by any of                        SECURITIES AND EXCHANGE                                 approve or disapprove the proposed
                                                    the following methods:                                     COMMISSION                                              rule change, as modified by Amendment
                                                                                                               [Release No. 34–78259; SR–NYSEArca–                     No. 1 thereto.9 The Commission
                                                    Electronic Comments                                        2015–93]                                                received no comments on the proposed
                                                                                                                                                                       rule change.
                                                      • Use the Commission’s Internet                          Self-Regulatory Organizations; NYSE
                                                    comment form (http://www.sec.gov/                                                                                    On June 29, 2016, the Exchange
                                                                                                               Arca, Inc.; Notice of Withdrawal of a                   withdrew the proposed rule change
                                                    rules/sro.shtml); or                                       Proposed Rule Change, as Modified by                    (SR–NYSEArca–2015–93).
                                                      • Send an email to rule-comments@                        Amendment No. 1 Thereto, Relating to
                                                    sec.gov. Please include File Number SR–                    Listing and Trading of Shares of the                       For the Commission, by the Division of
                                                    NYSEMKT–2016–66 on the subject line.                                                                               Trading and Markets, pursuant to delegated
                                                                                                               Cumberland Municipal Bond ETF
                                                                                                                                                                       authority.10
                                                                                                               Under NYSE Arca Equities Rule 8.600
                                                    Paper Comments                                                                                                     Jill M. Peterson,
                                                                                                               July 8, 2016.                                           Assistant Secretary.
                                                      • Send paper comments in triplicate                         On November 24, 2015, NYSE Arca,
                                                    to Brent J. Fields, Secretary, Securities                                                                          [FR Doc. 2016–16601 Filed 7–13–16; 8:45 am]
                                                                                                               Inc. (‘‘Exchange’’) filed with the
                                                    and Exchange Commission, 100 F Street                      Securities and Exchange Commission
                                                                                                                                                                       BILLING CODE 8011–01–P
                                                    NE., Washington, DC 20549–1090.                            (‘‘Commission’’), pursuant to Section
                                                    All submissions should refer to File                       19(b)(1) of the Securities Exchange Act                 SECURITIES AND EXCHANGE
                                                    Number SR–NYSEMKT–2016–66. This                            of 1934 (‘‘Act’’) 1 and Rule 19b–4                      COMMISSION
                                                    file number should be included on the                      thereunder,2 a proposed rule change to
                                                    subject line if email is used. To help the                 list and trade shares of the Cumberland
                                                                                                               Municipal Bond ETF, a series of the                     [Release No. 34–78261; SR–NYSEArca–
                                                    Commission process and review your                                                                                 2016–08]
                                                    comments more efficiently, please use                      ETFis Series Trust I. The proposed rule
                                                    only one method. The Commission will                       change was published for comment in
                                                                                                                                                                       Self-Regulatory Organizations; NYSE
                                                    post all comments on the Commission’s                      the Federal Register on December 14,
                                                                                                                                                                       Arca, Inc.; Notice of Withdrawal of a
                                                    Internet Web site (http://www.sec.gov/                     2015.3 On December 29, 2015, the
                                                                                                                                                                       Proposed Rule Change, as Modified by
                                                    rules/sro.shtml). Copies of the                            Exchange submitted Amendment No. 1
                                                                                                                                                                       Amendment No. 1 Thereto, To Adopt
                                                    submission, all subsequent                                 to the proposed rule change.4 On
                                                                                                                                                                       NYSE Arca Equities Rule 8.900 To
                                                    amendments, all written statements                         January 21, 2016, pursuant to Section
                                                                                                                                                                       Permit Listing and Trading of Managed
                                                    with respect to the proposed rule                          19(b)(2) of the Act,5 the Commission
                                                                                                                                                                       Portfolio Shares and To Permit Listing
                                                    change that are filed with the                             designated a longer period within which
                                                                                                                                                                       and Trading of Shares of Fifteen
                                                    Commission, and all written                                to approve the proposed rule change,
                                                                                                                                                                       Issues of the Precidian ETFs Trust
                                                    communications relating to the                             disapprove the proposed rule change, or
                                                    proposed rule change between the                           institute proceedings to determine                      July 8, 2016.
                                                    Commission and any person, other than                      whether to disapprove the proposed
                                                                                                               rule change.6 On March 10, 2016, the                       On January 27, 2016, NYSE Arca, Inc.
                                                    those that may be withheld from the                                                                                (‘‘Exchange’’) filed with the Securities
                                                    public in accordance with the                                   1 15                                               and Exchange Commission
                                                                                                                       U.S.C. 78s(b)(1).
                                                    provisions of 5 U.S.C. 552, will be                             2 17                                               (‘‘Commission’’), pursuant to Section
                                                                                                                       CFR 240.19b–4.
                                                    available for Web site viewing and                            3 See Securities Exchange Act Release No. 76590      19(b)(1) of the Securities Exchange Act
                                                    printing in the Commission’s Public                        (Dec. 8, 2015), 80 FR 77384 (‘‘Notice’’).               of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    Reference Room, 100 F Street NE.,                             4 In Amendment No. 1, the Exchange clarified
                                                                                                                                                                       thereunder,2 a proposed rule change to:
                                                    Washington, DC 20549 on official                           that each Municipal Bond (as defined herein) held       (1) Adopt NYSE Arca Equities Rule
                                                    business days between the hours of                         by the Fund must be a constituent of a deal where
                                                                                                               the deal’s original offering amount was at least $100   8.900; and (2) approve the listing and
                                                    10:00 a.m. and 3:00 p.m. Copies of such                    million, clarified whether certain securities would     trading of shares of fifteen series of the
                                                    filing also will be available for                          be exchange-traded or over-the-counter, deleted a       Precidian ETFs Trust. The proposed
                                                    inspection and copying at the principal                    statement relating to redemption of Shares, clarified   rule change was published for comment
                                                    office of the Exchange. All comments                       pricing information for certain assets, and corrected
                                                                                                               a typographical error. Amendment No. 1, which           in the Federal Register on February 18,
                                                    received will be posted without change;                    amended and replaced the original proposal in its       2016.3 On March 9, 2016, the Exchange
                                                    the Commission does not edit personal                      entirety, is available on the Commission’s Web site
                                                    identifying information from                               at: http://www.sec.gov/comments/sr-nysearca-2015-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                         7 15 U.S.C. 78s(b)(2)(B).
                                                    submissions. You should submit only                        93/nysearca201593-1.pdf.                                  8 See
                                                                                                                  5 15 U.S.C. 78s(b)(2).                                       Securities Exchange Act Release No. 77340,
                                                    information that you wish to make                             6 See Securities Exchange Act Release No. 76955,
                                                                                                                                                                       81 FR 14163 (Mar. 16, 2016).
                                                    available publicly. All submissions                        81 FR 4724 (Jan. 27, 2016). See also Securities
                                                                                                                                                                         9 See Securities Exchange Act Release No. 78003,

                                                    should refer to File Number SR–                                                                                    81 FR 38258 (Jun. 13, 2016).
                                                                                                               Exchange Act Release No. 76955A (Mar. 2, 2016),           10 17 CFR 200.30–3(a)(57).
                                                    NYSEMKT–2016–66, and should be                             81 FR 12174 (Mar. 8, 2016) (correcting the date to
                                                                                                                                                                         1 15 U.S.C.78s(b)(1).
                                                    submitted on or before August 4, 2016.                     ‘‘March 11, 2016’’ as the date by which the
                                                                                                                                                                         2 17 CFR 240.19b–4.
                                                                                                               Commission shall either approve or disapprove, or
                                                                                                               institute proceedings to determine whether to             3 See Securities Exchange Act Release No. 76944
                                                      15 17   CFR 200.30–3(a)(12).                             disapprove, the proposed rule change).                  (Feb. 11, 2016), 81 FR 8269 (‘‘Notice’’).



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Document Created: 2016-07-14 01:55:21
Document Modified: 2016-07-14 01:55:21
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 45575 

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