81_FR_8340 81 FR 8308 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Rule 505 and Rule 506

81 FR 8308 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Rule 505 and Rule 506

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 32 (February 18, 2016)

Page Range8308-8310
FR Document2016-03274

Federal Register, Volume 81 Issue 32 (Thursday, February 18, 2016)
[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Pages 8308-8310]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03274]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77121; File No. SR-Phlx-2016-22]


Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Regarding Rule 505 
and Rule 506

February 11, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given 
that on February 5, 2016, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and III, below, which 
Items have been prepared by the Exchange. 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\ 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 is filing with the Commission a proposal to delete 
Rule 505 (Allocation, Reallocation and Transfer of Issues) and update 
Rule 506 (Allocation Application).\3\
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    \3\ References to rules are to Phlx rules unless otherwise 
noted.
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.cchwallstreet.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 Exchange 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 these 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 aspects 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 proposes to update its rules to delete Rule 505 
(Allocation, Reallocation and Transfer of Issues) and update Rule 506 
(Allocation Application).
    Rules 505 and 506 were approved more than three decades ago,\4\ at 
which time Exchange options trading was strictly on-floor open outcry 
through specialists. Exchange options trading developed into a robust 
hybrid system that is currently largely electronic and off-floor \5\ 
but continues to have on-floor specialists \6\ and open outcry trading. 
The Exchange is now consolidating its Rules 505 and 506.\7\ Having 
found that some of the concepts in Rule 505 are obsolete and that 
others belong in Rule 506, the Exchange is deleting Rule 505. 
Simultaneously, the Exchange is updating Rule 506 to make it more 
easily readable and to transfer certain concepts from Rule 505 to Rule 
506. These changes are described below.
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    \4\ See, e.g., Securities Exchange Act Release No. 37019 (August 
17, 1982), 47 FR 37019 (August 24, 1982) (SR-Phlx-81-1) (approval 
order).
    \5\ Electronic traders include market makers that are streaming 
quote traders (``SQTs''), remote streaming quote traders 
(``RSQTs''), and off-floor specialists (``Remote Specialists''). See 
Rules 1014(b)(ii)(A), 1014(b)(ii)(B), and 1020.
    \6\ Remote Specialists do not have a physical presence on the 
floor of the Exchange. Rule 1020.
    \7\ While the vast majority of options rules are found in Rule 
1000 and higher of the Exchange's rule book, some older options-
related rules, such as Rules 505 and 506, are in the Exchange's rule 
book below Rule 1000.
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Deletion of Rule 505
    The Exchange has concluded that with the placement of certain 
concepts from Rule 505 into Rule 506, Rule 505 is no longer needed. The 
Exchange believes that it is desirable to discuss the process of 
allocation or reallocation application, allocation, reallocation, and 
transfer in one rule, namely Rule 506. Moreover, ``leasing'' is not 
practiced on the Exchange and obsolete language in Rule 505 in respect 
of leasing is no longer needed.\8\ The Exchange proposes to therefore 
delete Rule 505, and to update and clarify Rule 506 to be more 
descriptive and to add several concepts from deleted Rule 505.
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    \8\ ``Leasing'' is the now-obsolete practice or one specialist 
leasing, or renting, an allocated issue to another specialist.
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Updating of Rule 506
    First, Rule 506 is updated to make it clear to the reader that the 
rule applies to the process of allocation application

[[Page 8309]]

as well as allocation, reallocation, and transfer. Specifically, the 
title to Rule 506 is expanded to state ``Allocation Application, 
Allocation, Reallocation, and Transfer''. This will allow the reader to 
more easily understand what Rule 506 is about.
    Second, the Exchange is adding language to indicate that 
applications may be regarding reallocation. Section (b) of Rule 506 is 
expanded to state that an allocation or reallocation application shall 
be submitted to the Exchange's staff in writing. Each allocation or 
reallocation application will continue to include, at a minimum, the 
name and background of the head specialist and assistant specialist(s) 
(except that a Remote Specialist need not include an assistant 
specialist), the unit's experience and capitalization demonstrating an 
ability to trade the particular options class sought, and any other 
reasons why the unit believes it should be assigned or allocated the 
security.\9\
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    \9\ The ability of the Exchange to require that the application 
include other information is continued. Rule 506(b). The Exchange is 
removing from section (b) antiquated language regarding system 
acceptance/execution levels and guarantees, as these are not 
currently used and are therefore obsolete. The language was used 
with allocation and transfers at a time when there was a lack of 
uniformity regarding execution levels, as opposed to standardization 
now (e.g., 1-up, 10-up). Rule 506(b).
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    Third, section (c) of Rule 506 states that allocation decisions and 
automatic allocations \10\ shall be communicated in writing to Exchange 
members. The Exchange proposes to add into section (c) language to 
state that reallocation or transfer decisions, like allocation 
decisions and automatic allocations, shall be communicated in writing 
to Exchange members.
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    \10\ Automatic allocations are discussed in Supplementary 
Material .02 to Rule 506. The Exchange proposes to add ``Automatic'' 
in front of the current title ``Allocation of Options on Related 
Securities'' so that the title is more descriptive. The Exchange 
also proposes to rename ``Supplementary Material'' to ``Commentary'' 
to conform with the general naming convention for rules.
---------------------------------------------------------------------------

    Fourth, the Exchange is transferring the ``Registrant'' concept 
from deleted Rule 505 to section (d) of Rule 506 indicating in whose 
names an options class needs to be registered; and indicating that 
Registrant will act as specialist for a period of at least one year 
(known as ``minimum specialist period''). Specifically, the Exchange 
proposes to add to section (d) the following language:
    Upon allocation, reallocation, or transfer of an options class, the 
options class must be registered in either the name of the specialist 
unit, or jointly in the name of the unit and the specialist 
(``Registrant''). Each Registrant must be an Exchange member and an 
approved specialist. The Registrant shall act as specialist for the 
options class for at least one year (``minimum specialist period''); 
unless some other period is defined by the Exchange pursuant to this 
rule. After expiration of the minimum specialist period, the Exchange 
may re-allocate the options class.
    In transferring the ``Registrant'' concept from deleted Rule 505, 
the Exchange does not state that the options class can be registered 
solely in the name of an individual acting as specialist since this is 
not the current practice. Rather, the Exchange proposes to state that 
the options class must be registered in either the name of the 
specialist unit, or jointly in the name of the unit and the specialist. 
Commensurate with other changes and the language of Rule 506, the 
Exchange is also proposing to state in Rule 506(d) that once the 
specialist unit is allocated, reallocated, or transferred an options 
class,\11\ such specialist unit will notify the Exchange in writing 
regarding any material change in the application for any assigned 
options class.\12\
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    \11\ The term ``specialist unit'' is used for uniformity and 
readability in section Rule 506(a) and elsewhere in the rule (e.g., 
sections (d), (e), Commentary .01 (renamed from Supplementary 
Material .01 to better follow the naming convention)). Similarly, 
``issue'' is proposed to be changed to ``options class''.
    \12\ The Exchange proposes to also remove obsolete language 
regarding system acceptance/execution levels from Rule 506(d).
---------------------------------------------------------------------------

    Fifth, the Exchange is transferring from Commentary .01 of deleted 
Rule 505 to new Commentary.03 of Rule 506 the concept that the Exchange 
may establish a period of less than one year for Registrant to act as a 
specialist in an options class (known as ``alternate specialist 
period''). This allows the Exchange to establish a period of time that 
is less than one year, which is shorter than the minimum specialist 
period. During the alternate specialist period established by the 
Exchange the Registrant must act as specialist in an allocated options 
class. If the Exchange decides to establish an alternate specialist 
period, it will communicate such period in solicitation applications. 
Also, after the alternate or minimum specialist period the Exchange may 
re-allocate an options class. Specifically, the Exchange proposes to 
state in Commentary .03:
.03 Alternate Specialist Period.
    The Exchange may establish that a Registrant shall act as a 
specialist in an allocated options class for a shorter period defined 
by the Exchange that is less than one year (``alternate specialist 
period''). If the Exchange establishes an alternate specialist period, 
it will communicate such period in solicitation applications (notices) 
pursuant to Rule 506. After expiration of the alternate specialist 
period, the Exchange may re-allocate the options class.
    The Exchange believes that these non-controversial changes to 
consolidate Rules 505 and 506 and to update and modernize Rule 506 as 
discussed will make remaining Rule 506 clearer and easier to use.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \13\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \14\ in particular, in that it is designed to 
promote just and equitable principles of trade and to protect investors 
and the public interest by deleting Rule 505 and updating Rule 506 and 
thereby consolidating the rules as discussed.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the rule change will promote just and 
equitable principles of trade by making the rules clearer and easier to 
use. The Exchange is proposing to get rid of an older rule, 
specifically Rule 505, and to consolidate certain concepts from Rule 
505 into remaining Rule 506. By doing so the Exchange is deleting 
obsolete language in Rule 505 regarding options classes that are 
subject to a lease, as leasing is not practiced on the Exchange. The 
Exchange is clarifying that Rule 506 will deal with allocation, 
reallocation, and transfer and that allocation, reallocation, or 
transfer decisions and automatic allocations will be communicated in 
writing to Exchange members. The Exchange proposes to transfer from 
deleted Rule 505 to Rule 506 the Registrant concept indicating that an 
options class must be registered in either the name of the specialist 
unit, or jointly in the name of the unit and the specialist; and 
indicating that Registrant will act as specialist for a one year 
minimum specialist period. The Exchange proposes to state in Rule 506 
that the Exchange can establish an alternate specialist period that is 
shorter than the minimum specialist period, and that such alternate 
specialist period will be communicated in solicitation applications. 
The Exchange will also update language in Rule 506 for clarity and 
readability (e.g., ``specialist unit'' and ``options class'').
    The Exchange believes that the proposed non-controversial change to 
consolidate Rules 505 and 506 and to

[[Page 8310]]

update and modernize Rule 506 will make Rule 506 clearer and easier to 
use to the benefit of market participants.

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act, as amended. 
While the Exchange does not believe that the proposed non-controversial 
change is a burden on competition, or is competitive in nature, the 
Exchange believes that clearer, updated rules are always beneficial to 
market participants.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) \15\ of the Act and Rule 19b-4(f)(6) thereunder \16\ in 
that it effects a change that: (i) Does not significantly affect the 
protection of investors or the public interest; (ii) does not impose 
any significant burden on competition; and (iii) by its terms, does not 
become operative for 30 days after the date of the filing, or such 
shorter time as the Commission may designate if consistent with the 
protection of investors and the public interest.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR Sec.  240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

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-Phlx-2016-22 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-Phlx-2016-22. 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-Phlx-2016-22, and should be 
submitted on or before March 10, 2016.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03274 Filed 2-17-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  8308                          Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices

                                                  the decisional process would be                           SECURITIES AND EXCHANGE                               A. Self-Regulatory Organization’s
                                                  significantly aided by oral argument.204                  COMMISSION                                            Statement of the Purpose of, and
                                                  The Commission notes the record is                                                                              Statutory Basis for, the Proposed Rule
                                                  extensive, and contains significant                       [Release No. 34–77121; File No. SR–Phlx–
                                                                                                                                                                  Change
                                                  amounts of data and information related                   2016–22]                                              1. Purpose
                                                  to the Capital Plan. As a result, the
                                                                                                                                                                     The Exchange proposes to update its
                                                  Commission does not believe that either                   Self-Regulatory Organizations;
                                                                                                                                                                  rules to delete Rule 505 (Allocation,
                                                  the presentation of facts and legal                       NASDAQ PHLX LLC; Notice of Filing
                                                                                                                                                                  Reallocation and Transfer of Issues) and
                                                  arguments in the briefs and record or                     and Immediate Effectiveness of                        update Rule 506 (Allocation
                                                  the decisional process would be                           Proposed Rule Change Regarding Rule                   Application).
                                                  significantly aided by oral argument.                     505 and Rule 506                                         Rules 505 and 506 were approved
                                                  Accordingly, the Commission denies the                                                                          more than three decades ago,4 at which
                                                                                                            February 11, 2016.
                                                  Oral Argument Motion.                                                                                           time Exchange options trading was
                                                                                                               Pursuant to Section 19(b)(1) of the                strictly on-floor open outcry through
                                                  V. Conclusion
                                                                                                            Securities Exchange Act of 1934                       specialists. Exchange options trading
                                                     It is therefore ordered that the earlier               (‘‘Act’’),1 and Rule 19b–4 2 thereunder,              developed into a robust hybrid system
                                                  action taken by delegated authority,                      notice is hereby given that on February               that is currently largely electronic and
                                                  Securities Exchange Act Release No.                       5, 2016, NASDAQ PHLX LLC (‘‘Phlx’’ or                 off-floor 5 but continues to have on-floor
                                                  74452 (March 6, 2015), 80 FR 13058                        ‘‘Exchange’’) filed with the Securities               specialists 6 and open outcry trading.
                                                  (March 12, 2015) is set aside and                         and Exchange Commission                               The Exchange is now consolidating its
                                                  pursuant to section 19(b)(2) of the                       (‘‘Commission’’) the proposed rule                    Rules 505 and 506.7 Having found that
                                                  Exchange Act SR–OCC–2015–02 is                            change as described in Items I, II, and               some of the concepts in Rule 505 are
                                                  approved. All pending motions in this                     III, below, which Items have been                     obsolete and that others belong in Rule
                                                                                                            prepared by the Exchange. The                         506, the Exchange is deleting Rule 505.
                                                  matter are hereby denied.
                                                                                                            Commission is publishing this notice to               Simultaneously, the Exchange is
                                                     For the reasons stated above, it is                                                                          updating Rule 506 to make it more
                                                                                                            solicit comments on the proposed rule
                                                  hereby:                                                                                                         easily readable and to transfer certain
                                                                                                            change from interested persons.
                                                     Ordered that the earlier action taken                                                                        concepts from Rule 505 to Rule 506.
                                                  by delegated authority, Securities                        I. Self-Regulatory Organization’s                     These changes are described below.
                                                  Exchange Act Release No. 74452 (March                     Statement of the Terms of the Substance
                                                                                                                                                                  Deletion of Rule 505
                                                  6, 2015), 80 FR 13058 (March 12, 2015)                    of the Proposed Rule Change
                                                                                                                                                                     The Exchange has concluded that
                                                  is hereby set aside; and
                                                                                                               The Exchange is filing with the                    with the placement of certain concepts
                                                     It is further ordered that SR–OCC–                     Commission a proposal to delete Rule                  from Rule 505 into Rule 506, Rule 505
                                                  2015–02 is hereby approved pursuant to                    505 (Allocation, Reallocation and                     is no longer needed. The Exchange
                                                  section 19(b)(2) of the Exchange Act;                     Transfer of Issues) and update Rule 506               believes that it is desirable to discuss
                                                  and                                                       (Allocation Application).3                            the process of allocation or reallocation
                                                     It is further ordered that the Motion to                  The text of the proposed rule change               application, allocation, reallocation, and
                                                  Reinstitute Automatic Stay is denied as                                                                         transfer in one rule, namely Rule 506.
                                                                                                            is available on the Exchange’s Web site
                                                  moot; and                                                                                                       Moreover, ‘‘leasing’’ is not practiced on
                                                                                                            at http://nasdaqomxphlx.
                                                                                                                                                                  the Exchange and obsolete language in
                                                     It is further ordered that the Motion to               cchwallstreet.com, at the principal                   Rule 505 in respect of leasing is no
                                                  Expedite the Commission’s Ruling on                       office of the Exchange, and at the                    longer needed.8 The Exchange proposes
                                                  the Pending Motion to Reinstitute the                     Commission’s Public Reference Room.                   to therefore delete Rule 505, and to
                                                  Automatic Stay is denied as moot; and                     II. Self-Regulatory Organization’s                    update and clarify Rule 506 to be more
                                                     It is further ordered that the Motion                  Statement of the Purpose of, and                      descriptive and to add several concepts
                                                  for an Order (1) Referring this Matter to                 Statutory Basis for, the Proposed Rule                from deleted Rule 505.
                                                  a Hearing Officer for the Taking of                       Change                                                Updating of Rule 506
                                                  Additional Evidence, And (2) Directing
                                                                                                              In its filing with the Commission, the                First, Rule 506 is updated to make it
                                                  Discovery in Advance of the Hearing is
                                                                                                            Exchange included statements                          clear to the reader that the rule applies
                                                  denied; and
                                                                                                            concerning the purpose of and basis for               to the process of allocation application
                                                     It is further ordered that the Motion
                                                                                                            the proposed rule change and discussed
                                                  for Oral Argument in Connection with                                                                               4 See, e.g., Securities Exchange Act Release No.
                                                                                                            any comments it received on the                       37019 (August 17, 1982), 47 FR 37019 (August 24,
                                                  the Commission’s Review of the Staff’s
                                                                                                            proposed rule change. The text of these               1982) (SR–Phlx–81–1) (approval order).
                                                  Order Approving OCC’s Capital Plan
                                                                                                            statements may be examined at the                        5 Electronic traders include market makers that
                                                  and Supporting Brief is denied.                                                                                 are streaming quote traders (‘‘SQTs’’), remote
                                                                                                            places specified in Item IV below. The
                                                    By the Commission.                                                                                            streaming quote traders (‘‘RSQTs’’), and off-floor
                                                                                                            Exchange has prepared summaries, set                  specialists (‘‘Remote Specialists’’). See Rules
                                                  Brent J. Fields,                                          forth in sections A, B, and C below, of               1014(b)(ii)(A), 1014(b)(ii)(B), and 1020.
                                                  Secretary.                                                the most significant aspects of such                     6 Remote Specialists do not have a physical
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                  presence on the floor of the Exchange. Rule 1020.
                                                  [FR Doc. 2016–03265 Filed 2–17–16; 8:45 am]               statements.                                              7 While the vast majority of options rules are

                                                  BILLING CODE 8011–01–P                                                                                          found in Rule 1000 and higher of the Exchange’s
                                                                                                                                                                  rule book, some older options-related rules, such as
                                                                                                              1 15
                                                                                                                                                                  Rules 505 and 506, are in the Exchange’s rule book
                                                                                                                   U.S.C. 78s(b)(1).                              below Rule 1000.
                                                                                                              2 17 CFR 240.19b–4.                                    8 ‘‘Leasing’’ is the now-obsolete practice or one
                                                                                                              3 References to rules are to Phlx rules unless
                                                                                                                                                                  specialist leasing, or renting, an allocated issue to
                                                    204 See   17 CFR 201.451.                               otherwise noted.                                      another specialist.



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                                                                               Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices                                              8309

                                                  as well as allocation, reallocation, and                  (‘‘Registrant’’). Each Registrant must be              less than one year (‘‘alternate specialist
                                                  transfer. Specifically, the title to Rule                 an Exchange member and an approved                     period’’). If the Exchange establishes an
                                                  506 is expanded to state ‘‘Allocation                     specialist. The Registrant shall act as                alternate specialist period, it will
                                                  Application, Allocation, Reallocation,                    specialist for the options class for at                communicate such period in solicitation
                                                  and Transfer’’. This will allow the                       least one year (‘‘minimum specialist                   applications (notices) pursuant to Rule
                                                  reader to more easily understand what                     period’’); unless some other period is                 506. After expiration of the alternate
                                                  Rule 506 is about.                                        defined by the Exchange pursuant to                    specialist period, the Exchange may re-
                                                     Second, the Exchange is adding                         this rule. After expiration of the                     allocate the options class.
                                                  language to indicate that applications                    minimum specialist period, the                            The Exchange believes that these non-
                                                  may be regarding reallocation. Section                    Exchange may re-allocate the options                   controversial changes to consolidate
                                                  (b) of Rule 506 is expanded to state that                 class.                                                 Rules 505 and 506 and to update and
                                                  an allocation or reallocation application                    In transferring the ‘‘Registrant’’                  modernize Rule 506 as discussed will
                                                  shall be submitted to the Exchange’s                      concept from deleted Rule 505, the                     make remaining Rule 506 clearer and
                                                  staff in writing. Each allocation or                      Exchange does not state that the options               easier to use.
                                                  reallocation application will continue to                 class can be registered solely in the
                                                                                                                                                                   2. Statutory Basis
                                                  include, at a minimum, the name and                       name of an individual acting as
                                                  background of the head specialist and                     specialist since this is not the current                  The Exchange believes that its
                                                  assistant specialist(s) (except that a                    practice. Rather, the Exchange proposes                proposal is consistent with Section 6(b)
                                                  Remote Specialist need not include an                     to state that the options class must be                of the Act 13 in general, and furthers the
                                                  assistant specialist), the unit’s                         registered in either the name of the                   objectives of Section 6(b)(5) of the Act 14
                                                  experience and capitalization                             specialist unit, or jointly in the name of             in particular, in that it is designed to
                                                  demonstrating an ability to trade the                     the unit and the specialist.                           promote just and equitable principles of
                                                  particular options class sought, and any                  Commensurate with other changes and                    trade and to protect investors and the
                                                  other reasons why the unit believes it                    the language of Rule 506, the Exchange                 public interest by deleting Rule 505 and
                                                  should be assigned or allocated the                       is also proposing to state in Rule 506(d)              updating Rule 506 and thereby
                                                  security.9                                                that once the specialist unit is allocated,            consolidating the rules as discussed.
                                                     Third, section (c) of Rule 506 states                  reallocated, or transferred an options                    The Exchange believes that the rule
                                                  that allocation decisions and automatic                   class,11 such specialist unit will notify              change will promote just and equitable
                                                  allocations 10 shall be communicated in                   the Exchange in writing regarding any                  principles of trade by making the rules
                                                  writing to Exchange members. The                          material change in the application for                 clearer and easier to use. The Exchange
                                                  Exchange proposes to add into section                     any assigned options class.12                          is proposing to get rid of an older rule,
                                                  (c) language to state that reallocation or                   Fifth, the Exchange is transferring                 specifically Rule 505, and to consolidate
                                                  transfer decisions, like allocation                       from Commentary .01 of deleted Rule                    certain concepts from Rule 505 into
                                                  decisions and automatic allocations,                      505 to new Commentary.03 of Rule 506                   remaining Rule 506. By doing so the
                                                  shall be communicated in writing to                       the concept that the Exchange may                      Exchange is deleting obsolete language
                                                  Exchange members.                                         establish a period of less than one year               in Rule 505 regarding options classes
                                                     Fourth, the Exchange is transferring                   for Registrant to act as a specialist in an            that are subject to a lease, as leasing is
                                                  the ‘‘Registrant’’ concept from deleted                   options class (known as ‘‘alternate                    not practiced on the Exchange. The
                                                  Rule 505 to section (d) of Rule 506                       specialist period’’). This allows the                  Exchange is clarifying that Rule 506 will
                                                  indicating in whose names an options                      Exchange to establish a period of time                 deal with allocation, reallocation, and
                                                  class needs to be registered; and                         that is less than one year, which is                   transfer and that allocation, reallocation,
                                                  indicating that Registrant will act as                    shorter than the minimum specialist                    or transfer decisions and automatic
                                                  specialist for a period of at least one                   period. During the alternate specialist                allocations will be communicated in
                                                  year (known as ‘‘minimum specialist                       period established by the Exchange the                 writing to Exchange members. The
                                                  period’’). Specifically, the Exchange                     Registrant must act as specialist in an                Exchange proposes to transfer from
                                                  proposes to add to section (d) the                        allocated options class. If the Exchange               deleted Rule 505 to Rule 506 the
                                                  following language:                                       decides to establish an alternate                      Registrant concept indicating that an
                                                     Upon allocation, reallocation, or                      specialist period, it will communicate                 options class must be registered in
                                                  transfer of an options class, the options                 such period in solicitation applications.              either the name of the specialist unit, or
                                                  class must be registered in either the                    Also, after the alternate or minimum                   jointly in the name of the unit and the
                                                  name of the specialist unit, or jointly in                specialist period the Exchange may re-                 specialist; and indicating that Registrant
                                                  the name of the unit and the specialist                   allocate an options class. Specifically,               will act as specialist for a one year
                                                                                                            the Exchange proposes to state in                      minimum specialist period. The
                                                    9 The ability of the Exchange to require that the       Commentary .03:                                        Exchange proposes to state in Rule 506
                                                  application include other information is continued.       .03 Alternate Specialist Period.                       that the Exchange can establish an
                                                  Rule 506(b). The Exchange is removing from section                                                               alternate specialist period that is shorter
                                                  (b) antiquated language regarding system                     The Exchange may establish that a                   than the minimum specialist period,
                                                  acceptance/execution levels and guarantees, as            Registrant shall act as a specialist in an
                                                  these are not currently used and are therefore                                                                   and that such alternate specialist period
                                                  obsolete. The language was used with allocation
                                                                                                            allocated options class for a shorter                  will be communicated in solicitation
                                                  and transfers at a time when there was a lack of          period defined by the Exchange that is                 applications. The Exchange will also
                                                  uniformity regarding execution levels, as opposed                                                                update language in Rule 506 for clarity
                                                  to standardization now (e.g., 1-up, 10-up). Rule
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                                                                                                              11 The term ‘‘specialist unit’’ is used for
                                                  506(b).                                                   uniformity and readability in section Rule 506(a)
                                                                                                                                                                   and readability (e.g., ‘‘specialist unit’’
                                                    10 Automatic allocations are discussed in               and elsewhere in the rule (e.g., sections (d), (e),    and ‘‘options class’’).
                                                  Supplementary Material .02 to Rule 506. The               Commentary .01 (renamed from Supplementary                The Exchange believes that the
                                                  Exchange proposes to add ‘‘Automatic’’ in front of        Material .01 to better follow the naming               proposed non-controversial change to
                                                  the current title ‘‘Allocation of Options on Related      convention)). Similarly, ‘‘issue’’ is proposed to be
                                                  Securities’’ so that the title is more descriptive. The   changed to ‘‘options class’’.
                                                                                                                                                                   consolidate Rules 505 and 506 and to
                                                  Exchange also proposes to rename ‘‘Supplementary            12 The Exchange proposes to also remove obsolete
                                                                                                                                                                    13 15   U.S.C. 78f(b).
                                                  Material’’ to ‘‘Commentary’’ to conform with the          language regarding system acceptance/execution
                                                  general naming convention for rules.                      levels from Rule 506(d).                                14 15   U.S.C. 78f(b)(5).



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                                                  8310                         Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices

                                                  update and modernize Rule 506 will                        change is consistent with the Act.                     SECURITIES AND EXCHANGE
                                                  make Rule 506 clearer and easier to use                   Comments may be submitted by any of                    COMMISSION
                                                  to the benefit of market participants.                    the following methods:
                                                                                                                                                                   [Release No. 34–77110; File No. SR–
                                                  B. Self-Regulatory Organization’s                         Electronic Comments                                    NYSEMKT–2016–23]
                                                  Statement on Burden on Competition
                                                     The Exchange does not believe that                       • Use the Commission’s Internet                      Self-Regulatory Organizations; NYSE
                                                  the proposed rule change will result in                   comment form (http://www.sec.gov/                      MKT LLC; Notice of Filing and
                                                  any burden on competition that is not                     rules/sro.shtml); or                                   Immediate Effectiveness of Proposed
                                                  necessary or appropriate in furtherance                     • Send an email to rule-comments@                    Rule Change Modifying the Amex
                                                  of the purposes of the Act, as amended.                   sec.gov. Please include File Number SR-                Options Deep Market Data Product
                                                  While the Exchange does not believe                       Phlx-2016–22 on the subject line.                      February 11, 2016.
                                                  that the proposed non-controversial                                                                                 Pursuant to Section 19(b)(1) 1 of the
                                                  change is a burden on competition, or                     Paper Comments
                                                                                                                                                                   Securities Exchange Act of 1934 (the
                                                  is competitive in nature, the Exchange                      • Send paper comments in triplicate                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  believes that clearer, updated rules are                  to Secretary, Securities and Exchange                  notice is hereby given that on February
                                                  always beneficial to market participants.                 Commission, 100 F Street NE.,                          4, 2016, NYSE MKT LLC (the
                                                  C. Self-Regulatory Organization’s                         Washington, DC 20549–1090.                             ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with
                                                  Statement on Comments on the                                                                                     the Securities and Exchange
                                                                                                            All submissions should refer to File
                                                  Proposed Rule Change Received From                                                                               Commission (the ‘‘Commission’’) the
                                                                                                            Number SR–Phlx–2016–22. This file
                                                  Members, Participants, or Others                                                                                 proposed rule change as described in
                                                                                                            number should be included on the                       Items I and II below, which Items have
                                                    No written comments were either                         subject line if email is used. To help the
                                                  solicited or received.                                                                                           been prepared by the self-regulatory
                                                                                                            Commission process and review your                     organization. The Commission is
                                                  III. Date of Effectiveness of the                         comments more efficiently, please use                  publishing this notice to solicit
                                                  Proposed Rule Change and Timing for                       only one method. The Commission will                   comments on the proposed rule change
                                                  Commission Action                                         post all comments on the Commission’s                  from interested persons.
                                                     The foregoing rule change has become                   Internet Web site (http://www.sec.gov/
                                                                                                            rules/sro.shtml). Copies of the                        I. Self-Regulatory Organization’s
                                                  effective pursuant to Section                                                                                    Statement of the Terms of Substance of
                                                  19(b)(3)(A) 15 of the Act and Rule 19b–                   submission, all subsequent
                                                                                                            amendments, all written statements                     the Proposed Rule Change
                                                  4(f)(6) thereunder 16 in that it effects a
                                                  change that: (i) Does not significantly                   with respect to the proposed rule                        The Exchange proposes to modify the
                                                  affect the protection of investors or the                 change that are filed with the                         Amex Options Deep market data
                                                  public interest; (ii) does not impose any                 Commission, and all written                            product. The proposed rule change is
                                                  significant burden on competition; and                    communications relating to the                         available on the Exchange’s Web site at
                                                  (iii) by its terms, does not become                       proposed rule change between the                       www.nyse.com, at the principal office of
                                                  operative for 30 days after the date of                   Commission and any person, other than                  the Exchange, and at the Commission’s
                                                  the filing, or such shorter time as the                   those that may be withheld from the                    Public Reference Room.
                                                  Commission may designate if consistent                    public in accordance with the
                                                                                                            provisions of 5 U.S.C. 552, will be                    II. Self-Regulatory Organization’s
                                                  with the protection of investors and the                                                                         Statement of the Purpose of, and
                                                  public interest.                                          available for Web site viewing and
                                                                                                                                                                   Statutory Basis for, the Proposed Rule
                                                     At any time within 60 days of the                      printing in the Commission’s Public
                                                                                                                                                                   Change
                                                  filing of the proposed rule change, the                   Reference Room, 100 F Street NE.,
                                                  Commission summarily may                                  Washington, DC 20549 on official                         In its filing with the Commission, the
                                                  temporarily suspend such rule change if                   business days between the hours of                     self-regulatory organization included
                                                  it appears to the Commission that such                    10:00 a.m. and 3:00 p.m. Copies of such                statements concerning the purpose of,
                                                  action is: (i) Necessary or appropriate in                filing also will be available for                      and basis for, the proposed rule change
                                                  the public interest; (ii) for the protection              inspection and copying at the principal                and discussed any comments it received
                                                  of investors; or (iii) otherwise in                       office of the Exchange. All comments                   on the proposed rule change. The text
                                                  furtherance of the purposes of the Act.                   received will be posted without change;                of those statements may be examined at
                                                  If the Commission takes such action, the                  the Commission does not edit personal                  the places specified in Item IV below.
                                                  Commission shall institute proceedings                    identifying information from                           The Exchange has prepared summaries,
                                                  to determine whether the proposed rule                    submissions. You should submit only                    set forth in sections A, B, and C below,
                                                  should be approved or disapproved.                        information that you wish to make                      of the most significant parts of such
                                                                                                            available publicly. All submissions                    statements.
                                                  IV. Solicitation of Comments
                                                                                                            should refer to File Number SR–Phlx–                   A. Self-Regulatory Organization’s
                                                    Interested persons are invited to                       2016–22, and should be submitted on or
                                                  submit written data, views, and                                                                                  Statement of the Purpose of, and the
                                                                                                            before March 10, 2016.                                 Statutory Basis for, the Proposed Rule
                                                  arguments concerning the foregoing,
                                                  including whether the proposed rule                         For the Commission, by the Division of               Change
                                                                                                            Trading and Markets, pursuant to delegated
                                                                                                                                                                   1. Purpose
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                                                    15 15  U.S.C. 78s(b)(3)(A).                             authority.17
                                                    16 17 CFR § 240.19b-4(f)(6). In addition, Rule 19b–
                                                                                                            Robert W. Errett,                                        The Exchange proposes to modify the
                                                  4(f)(6) requires a self-regulatory organization to give                                                          Amex Options Deep market data
                                                                                                            Deputy Secretary.
                                                  the Commission written notice of its intent to file                                                              product.
                                                  the proposed rule change at least five business days      [FR Doc. 2016–03274 Filed 2–17–16; 8:45 am]
                                                  prior to the date of filing of the proposed rule          BILLING CODE 8011–01–P                                   1 15 U.S.C. 78s(b)(1).
                                                  change, or such shorter time as designated by the
                                                                                                                                                                     2 15 U.S.C. 78a.
                                                  Commission. The Exchange has satisfied this
                                                  requirement.                                                17 17   CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4.




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Document Created: 2016-02-18 07:46:07
Document Modified: 2016-02-18 07:46:07
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 8308 

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