81_FR_88229 81 FR 87995 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter VI, Section 5 To Extend the Penny Pilot Program

81 FR 87995 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter VI, Section 5 To Extend the Penny Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 234 (December 6, 2016)

Page Range87995-87997
FR Document2016-29162

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016)
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87995-87997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29162]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79433; File No. SR-Nasdaq-2016-160]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Chapter VI, Section 5 To Extend the Penny Pilot Program

November 30, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder, \2\ notice is hereby given 
that on November 16, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``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.
---------------------------------------------------------------------------

    \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 Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Chapter VI, Section 5 (Minimum 
Increments),\3\ of the rules of the NASDAQ Options Market (``NOM'') to 
extend through June 30, 2017 or the date of permanent approval, if 
earlier, the Penny Pilot Program in options classes in certain issues 
(``Penny Pilot'' or ``Pilot''), and to change the date when delisted 
classes may be replaced in the Penny Pilot.\4\
---------------------------------------------------------------------------

    \3\ References herein to Chapter and Series refer to rules of 
the NASDAQ Options Market (``NOM''), unless otherwise noted.
    \4\ The Penny Pilot was established in March 2008 and was last 
extended in 2016. See Securities Exchange Act Release Nos. 57579 
(March 28, 2008), 73 FR 18587 (April 4, 2008)(SR-NASDAQ-2008-026); 
75283 (June 24, 2015), 80 FR 37347 (June 30, 2015)(SR-NASDAQ-2015-
063) (notice of filing and immediate effectiveness establishing 
Penny Pilot); and 78037 (June 10, 2016), 81 FR 39299 (June 16, 2016) 
(SR-NASDAQ-2016-052) (notice of filing and immediate effectiveness 
extending the Penny Pilot through December 31, 2016).
---------------------------------------------------------------------------

    The text of the proposed rule change is set forth below. Proposed 
new language is italicized; deleted text is in brackets.
* * * * *

NASDAQ Stock Market Rules

Options Rules

* * * * *

Chapter VI Trading Systems

* * * * *

Sec. 5 Minimum Increments

    (a) The Board may establish minimum quoting increments for options 
contracts traded on NOM. Such minimum increments established by the 
Board will be designated as a stated policy, practice, or 
interpretation with respect to the administration of this Section 
within the meaning of Section 19 of the Exchange Act and will be filed 
with the SEC as a rule change for effectiveness upon filing. Until such 
time as the Board makes a change in the increments, the following 
principles shall apply:
    (1)--(2) No Change.
    (3) For a pilot period scheduled to expire on [December 31, 
2016]June 30, 2017 or the date of permanent approval, if earlier, if 
the options series is trading pursuant to the Penny Pilot program one 
(1) cent if the options series is trading at less than $3.00, five (5) 
cents if the options series is trading at $3.00 or higher, unless for 
QQQQs, SPY and IWM where the minimum quoting increment will be one cent 
for all series regardless of price. A list of such options shall be 
communicated to membership via an Options Trader Alert (``OTA'') posted 
on the Exchange's Web site.
    The Exchange may replace any pilot issues that have been delisted 
with the next most actively traded multiply listed options classes that 
are not yet included in the pilot, based on trading activity in the 
previous six months. The replacement issues may be added to the pilot 
on the second trading day following [July 1, 2016]January 1, 2017.
    (4) No Change.
    (b) No Change.
* * * * *
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaq.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 purpose of this filing is to amend Chapter VI, Section 5, to 
extend the Penny Pilot through June 30, 2017 or the date of permanent 
approval, if earlier,\5\ and to change the date when delisted classes 
may be replaced in the Penny Pilot. The Exchange believes that 
extending the Penny Pilot will allow for further analysis of the Penny 
Pilot and a determination of how the program should be structured in 
the future.
---------------------------------------------------------------------------

    \5\ The options exchanges in the U.S. that have pilot programs 
similar to the Penny Pilot (together ``pilot programs'') are 
currently working on a proposal for permanent approval of the 
respective pilot programs.
---------------------------------------------------------------------------

    Under the Penny Pilot, the minimum price variation for all 
participating options classes, except for the Nasdaq-100 Index Tracking 
Stock (``QQQQ''), the SPDR S&P 500 Exchange Traded Fund (``SPY'') and 
the iShares Russell 2000 Index Fund (``IWM''), is $0.01 for all 
quotations in options series that are quoted at less than $3 per 
contract and $0.05 for all quotations in options series that are quoted 
at $3 per contract or greater. QQQQ, SPY and IWM are quoted in $0.01 
increments for all options series. The Penny Pilot is currently 
scheduled to expire on December 31, 2016.
    The Exchange proposes to extend the time period of the Penny Pilot 
through June 30, 2017 or the date of permanent approval, if earlier, 
and to provide a revised date for adding replacement issues to the 
Penny Pilot. The Exchange proposes that any Penny Pilot Program

[[Page 87996]]

issues that have been delisted may be replaced on the second trading 
day following January 1, 2017. The replacement issues will be selected 
based on trading activity in the previous six months.\6\
---------------------------------------------------------------------------

    \6\ The replacement issues will be announced to the Exchange's 
membership via an Options Trader Alert (OTA) posted on the 
Exchange's Web site. Penny Pilot replacement issues will be selected 
based on trading activity in the previous six months, as is the case 
today. The replacement issues would be identified based on The 
Options Clearing Corporation's trading volume data. For example, for 
the January replacement, trading volume from May 30, 2016 through 
November 30, 2016 would be analyzed. The month immediately preceding 
the replacement issues' addition to the Pilot Program (i.e., 
December) would not be used for purposes of the six-month analysis.
---------------------------------------------------------------------------

    This filing does not propose any substantive changes to the Penny 
Pilot Program; all classes currently participating in the Penny Pilot 
will remain the same and all minimum increments will remain unchanged. 
The Exchange believes the benefits to public customers and other market 
participants who will be able to express their true prices to buy and 
sell options have been demonstrated to outweigh the potential increase 
in quote traffic.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\7\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\8\ in particular, in that it is designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in facilitating transactions in securities, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system and, in general, to protect 
investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the proposed rule change, which extends the Penny 
Pilot for an additional six months through June 30, 2017 or the date of 
permanent approval, if earlier, and changes the date for replacing 
Penny Pilot issues that were delisted to the second trading day 
following January 1, 2017, will enable public customers and other 
market participants to express their true prices to buy and sell 
options for the benefit of all market participants. This is consistent 
with the Act.

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 not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, this proposal 
is pro-competitive because it allows Penny Pilot issues to continue 
trading on the Exchange.
    Moreover, the Exchange believes that the proposed rule change will 
allow for further analysis of the Pilot and a determination of how the 
Pilot should be structured in the future; and will serve to promote 
regulatory clarity and consistency, thereby reducing burdens on the 
marketplace and facilitating investor protection.
    The Pilot is an industry-wide initiative supported by all other 
option exchanges. The Exchange believes that extending the Pilot will 
allow for continued competition between market participants on the 
Exchange trading similar products as their counterparts on other 
exchanges, while at the same time allowing the Exchange to continue to 
compete for order flow with other exchanges in option issues trading as 
part of the Pilot.

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

    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)(iii) of the Act \9\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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-Nasdaq 2016-160 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-Nasdaq-2016-160. This 
file number should be included on the subject line if email is used.
    To help the Commission process and review your comments more 
efficiently, please use only one method. The Commission will post all 
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for Web site viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE., Washington, 
DC 20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change; the Commission does not edit 
personal identifying information from submissions. You should submit 
only information that you wish to make available publicly.
    All submissions should refer to File Number SR-Nasdaq-2016-160 and 
should be submitted on or before December 27, 2016.


[[Page 87997]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-29162 Filed 12-5-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                                    87995

                                                  inspection and copying at the principal                 delisted classes may be replaced in the                  The text of the proposed rule change
                                                  office of the Exchange. All comments                    Penny Pilot.4                                         is available on the Exchange’s Web site
                                                  received will be posted without change;                    The text of the proposed rule change               at http://nasdaq.cchwallstreet.com, at
                                                  the Commission does not edit personal                   is set forth below. Proposed new                      the principal office of the Exchange, and
                                                  identifying information from                            language is italicized; deleted text is in            at the Commission’s Public Reference
                                                  submissions. You should submit only                     brackets.                                             Room.
                                                  information that you wish to make                       *      *     *    *     *                             II. Self-Regulatory Organization’s
                                                  available publicly. All submissions
                                                                                                          NASDAQ Stock Market Rules                             Statement of the Purpose of, and
                                                  should refer to File Number SR–
                                                                                                          Options Rules                                         Statutory Basis for, the Proposed Rule
                                                  BatsBYX–2016–36, and should be
                                                                                                                                                                Change
                                                  submitted on or before December 27,                     *      *      *      *       *
                                                  2016.                                                                                                            In its filing with the Commission, the
                                                                                                          Chapter VI Trading Systems                            Exchange included statements
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated              *      *      *      *       *                        concerning the purpose of and basis for
                                                  authority.13                                                                                                  the proposed rule change and discussed
                                                                                                          Sec. 5 Minimum Increments                             any comments it received on the
                                                  Eduardo A. Aleman,
                                                                                                             (a) The Board may establish minimum                proposed rule change. The text of these
                                                  Assistant Secretary.
                                                                                                          quoting increments for options contracts              statements may be examined at the
                                                  [FR Doc. 2016–29159 Filed 12–5–16; 8:45 am]
                                                                                                          traded on NOM. Such minimum                           places specified in Item IV below. The
                                                  BILLING CODE 8011–01–P
                                                                                                          increments established by the Board                   Exchange has prepared summaries, set
                                                                                                          will be designated as a stated policy,                forth in sections A, B, and C below, of
                                                                                                          practice, or interpretation with respect              the most significant aspects of such
                                                  SECURITIES AND EXCHANGE
                                                                                                          to the administration of this Section                 statements.
                                                  COMMISSION
                                                                                                          within the meaning of Section 19 of the               A. Self-Regulatory Organization’s
                                                  [Release No. 34–79433; File No. SR–                     Exchange Act and will be filed with the
                                                  Nasdaq–2016–160]                                                                                              Statement of the Purpose of, and
                                                                                                          SEC as a rule change for effectiveness
                                                                                                                                                                Statutory Basis for, the Proposed Rule
                                                                                                          upon filing. Until such time as the
                                                  Self-Regulatory Organizations; The                                                                            Change
                                                                                                          Board makes a change in the
                                                  NASDAQ Stock Market LLC; Notice of                      increments, the following principles                  1. Purpose
                                                  Filing and Immediate Effectiveness of                   shall apply:
                                                  Proposed Rule Change To Amend                                                                                    The purpose of this filing is to amend
                                                                                                             (1)—(2) No Change.                                 Chapter VI, Section 5, to extend the
                                                  Chapter VI, Section 5 To Extend the                        (3) For a pilot period scheduled to
                                                  Penny Pilot Program                                                                                           Penny Pilot through June 30, 2017 or the
                                                                                                          expire on [December 31, 2016]June 30,
                                                                                                                                                                date of permanent approval, if earlier,5
                                                  November 30, 2016.
                                                                                                          2017 or the date of permanent approval,
                                                                                                                                                                and to change the date when delisted
                                                                                                          if earlier, if the options series is trading
                                                     Pursuant to Section 19(b)(1) of the                                                                        classes may be replaced in the Penny
                                                                                                          pursuant to the Penny Pilot program one
                                                  Securities Exchange Act of 1934                                                                               Pilot. The Exchange believes that
                                                                                                          (1) cent if the options series is trading
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder, 2                                                                      extending the Penny Pilot will allow for
                                                                                                          at less than $3.00, five (5) cents if the
                                                  notice is hereby given that on November                                                                       further analysis of the Penny Pilot and
                                                                                                          options series is trading at $3.00 or
                                                  16, 2016, The NASDAQ Stock Market                                                                             a determination of how the program
                                                                                                          higher, unless for QQQQs, SPY and
                                                  LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed                                                                        should be structured in the future.
                                                                                                          IWM where the minimum quoting
                                                  with the Securities and Exchange                                                                                 Under the Penny Pilot, the minimum
                                                                                                          increment will be one cent for all series
                                                  Commission (‘‘SEC’’ or ‘‘Commission’’)                  regardless of price. A list of such                   price variation for all participating
                                                  the proposed rule change as described                   options shall be communicated to                      options classes, except for the Nasdaq-
                                                  in Items I, II, and III below, which Items              membership via an Options Trader Alert                100 Index Tracking Stock (‘‘QQQQ’’),
                                                  have been prepared by the Exchange.                     (‘‘OTA’’) posted on the Exchange’s Web                the SPDR S&P 500 Exchange Traded
                                                  The Commission is publishing this                       site.                                                 Fund (‘‘SPY’’) and the iShares Russell
                                                  notice to solicit comments on the                          The Exchange may replace any pilot                 2000 Index Fund (‘‘IWM’’), is $0.01 for
                                                  proposed rule change from interested                    issues that have been delisted with the               all quotations in options series that are
                                                  persons.                                                next most actively traded multiply                    quoted at less than $3 per contract and
                                                                                                          listed options classes that are not yet               $0.05 for all quotations in options series
                                                  I. Self-Regulatory Organization’s
                                                                                                          included in the pilot, based on trading               that are quoted at $3 per contract or
                                                  Statement of the Terms of Substance of
                                                                                                          activity in the previous six months. The              greater. QQQQ, SPY and IWM are
                                                  the Proposed Rule Change
                                                                                                          replacement issues may be added to the                quoted in $0.01 increments for all
                                                     The Exchange proposes to amend                       pilot on the second trading day                       options series. The Penny Pilot is
                                                  Chapter VI, Section 5 (Minimum                          following [July 1, 2016]January 1, 2017.              currently scheduled to expire on
                                                  Increments),3 of the rules of the                          (4) No Change.                                     December 31, 2016.
                                                  NASDAQ Options Market (‘‘NOM’’) to                         (b) No Change.                                        The Exchange proposes to extend the
                                                  extend through June 30, 2017 or the date                *      *      *     *    *                            time period of the Penny Pilot through
                                                  of permanent approval, if earlier, the                                                                        June 30, 2017 or the date of permanent
                                                  Penny Pilot Program in options classes                    4 The Penny Pilot was established in March 2008     approval, if earlier, and to provide a
                                                  in certain issues (‘‘Penny Pilot’’ or                   and was last extended in 2016. See Securities         revised date for adding replacement
mstockstill on DSK3G9T082PROD with NOTICES




                                                  ‘‘Pilot’’), and to change the date when                 Exchange Act Release Nos. 57579 (March 28, 2008),     issues to the Penny Pilot. The Exchange
                                                                                                          73 FR 18587 (April 4, 2008)(SR–NASDAQ–2008–
                                                                                                          026); 75283 (June 24, 2015), 80 FR 37347 (June 30,
                                                                                                                                                                proposes that any Penny Pilot Program
                                                    13 17 CFR 200.30–3(a)(12).                            2015)(SR–NASDAQ–2015–063) (notice of filing and
                                                    1 15 U.S.C. 78s(b)(1).                                                                                         5 The options exchanges in the U.S. that have
                                                                                                          immediate effectiveness establishing Penny Pilot);
                                                    2 17 CFR 240.19b–4.
                                                                                                          and 78037 (June 10, 2016), 81 FR 39299 (June 16,      pilot programs similar to the Penny Pilot (together
                                                    3 References herein to Chapter and Series refer to    2016) (SR–NASDAQ–2016–052) (notice of filing          ‘‘pilot programs’’) are currently working on a
                                                  rules of the NASDAQ Options Market (‘‘NOM’’),           and immediate effectiveness extending the Penny       proposal for permanent approval of the respective
                                                  unless otherwise noted.                                 Pilot through December 31, 2016).                     pilot programs.



                                             VerDate Sep<11>2014   17:39 Dec 05, 2016   Jkt 241001   PO 00000   Frm 00094   Fmt 4703   Sfmt 4703   E:\FR\FM\06DEN1.SGM   06DEN1


                                                  87996                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                  issues that have been delisted may be                   necessary or appropriate in furtherance                   Commission shall institute proceedings
                                                  replaced on the second trading day                      of the purposes of the Act. To the                        to determine whether the proposed rule
                                                  following January 1, 2017. The                          contrary, this proposal is pro-                           should be approved or disapproved.
                                                  replacement issues will be selected                     competitive because it allows Penny
                                                                                                                                                                    IV. Solicitation of Comments
                                                  based on trading activity in the previous               Pilot issues to continue trading on the
                                                  six months.6                                            Exchange.                                                   Interested persons are invited to
                                                     This filing does not propose any                       Moreover, the Exchange believes that                    submit written data, views, and
                                                  substantive changes to the Penny Pilot                  the proposed rule change will allow for                   arguments concerning the foregoing,
                                                  Program; all classes currently                          further analysis of the Pilot and a                       including whether the proposed rule
                                                  participating in the Penny Pilot will                   determination of how the Pilot should                     change is consistent with the Act.
                                                  remain the same and all minimum                         be structured in the future; and will                     Comments may be submitted by any of
                                                  increments will remain unchanged. The                   serve to promote regulatory clarity and                   the following methods:
                                                  Exchange believes the benefits to public                consistency, thereby reducing burdens
                                                  customers and other market participants                 on the marketplace and facilitating                       Electronic Comments
                                                  who will be able to express their true                  investor protection.                                        • Use the Commission’s Internet
                                                  prices to buy and sell options have been                  The Pilot is an industry-wide                           comment form (http://www.sec.gov/
                                                  demonstrated to outweigh the potential                  initiative supported by all other option                  rules/sro.shtml); or
                                                  increase in quote traffic.                              exchanges. The Exchange believes that
                                                                                                                                                                      • Send an email to rule-comments@
                                                  2. Statutory Basis                                      extending the Pilot will allow for
                                                                                                                                                                    sec.gov. Please include File Number SR-
                                                                                                          continued competition between market
                                                     The Exchange believes that its                                                                                 Nasdaq 2016–160 on the subject line.
                                                                                                          participants on the Exchange trading
                                                  proposal is consistent with Section 6(b)                similar products as their counterparts                    Paper Comments
                                                  of the Act,7 in general, and furthers the
                                                                                                          on other exchanges, while at the same
                                                  objectives of Section 6(b)(5) of the Act,8
                                                                                                          time allowing the Exchange to continue                      • Send paper comments in triplicate
                                                  in particular, in that it is designed to                                                                          to Secretary, Securities and Exchange
                                                                                                          to compete for order flow with other
                                                  prevent fraudulent and manipulative                                                                               Commission, 100 F Street NE.,
                                                                                                          exchanges in option issues trading as
                                                  acts and practices, to promote just and                                                                           Washington, DC 20549–1090.
                                                                                                          part of the Pilot.
                                                  equitable principles of trade, to foster
                                                  cooperation and coordination with                       C. Self-Regulatory Organization’s                         All submissions should refer to File
                                                  persons engaged in facilitating                         Statement on Comments on the                              Number SR–Nasdaq–2016–160. This file
                                                  transactions in securities, and to remove               Proposed Rule Change Received From                        number should be included on the
                                                  impediments to and perfect the                          Members, Participants, or Others                          subject line if email is used.
                                                  mechanism of a free and open market                                                                                  To help the Commission process and
                                                                                                            No written comments were either
                                                  and a national market system and, in                                                                              review your comments more efficiently,
                                                                                                          solicited or received.
                                                  general, to protect investors and the                                                                             please use only one method. The
                                                  public interest.                                        III. Date of Effectiveness of the                         Commission will post all comments on
                                                     In particular, the proposed rule                     Proposed Rule Change and Timing for                       the Commission’s Internet Web site
                                                  change, which extends the Penny Pilot                   Commission Action                                         (http://www.sec.gov/rules/sro.shtml).
                                                  for an additional six months through
                                                                                                             Because the foregoing proposed rule                       Copies of the submission, all
                                                  June 30, 2017 or the date of permanent
                                                                                                          change does not: (i) Significantly affect                 subsequent amendments, all written
                                                  approval, if earlier, and changes the date
                                                                                                          the protection of investors or the public                 statements with respect to the proposed
                                                  for replacing Penny Pilot issues that
                                                                                                          interest; (ii) impose any significant                     rule change that are filed with the
                                                  were delisted to the second trading day
                                                                                                          burden on competition; and (iii) become                   Commission, and all written
                                                  following January 1, 2017, will enable
                                                                                                          operative for 30 days from the date on                    communications relating to the
                                                  public customers and other market
                                                                                                          which it was filed, or such shorter time                  proposed rule change between the
                                                  participants to express their true prices
                                                                                                          as the Commission may designate, it has                   Commission and any person, other than
                                                  to buy and sell options for the benefit
                                                                                                          become effective pursuant to Section                      those that may be withheld from the
                                                  of all market participants. This is
                                                                                                          19(b)(3)(A)(iii) of the Act 9 and                         public in accordance with the
                                                  consistent with the Act.
                                                                                                          subparagraph (f)(6) of Rule 19b–4                         provisions of 5 U.S.C. 552, will be
                                                  B. Self-Regulatory Organization’s                       thereunder.10                                             available for Web site viewing and
                                                  Statement on Burden on Competition                         At any time within 60 days of the                      printing in the Commission’s Public
                                                    The Exchange does not believe that                    filing of the proposed rule change, the                   Reference Room, 100 F Street NE.,
                                                  the proposed rule change will impose                    Commission summarily may                                  Washington, DC 20549, on official
                                                  any burden on competition not                           temporarily suspend such rule change if                   business days between the hours of
                                                                                                          it appears to the Commission that such                    10:00 a.m. and 3:00 p.m. Copies of the
                                                     6 The replacement issues will be announced to        action is: (i) Necessary or appropriate in                filing also will be available for
                                                  the Exchange’s membership via an Options Trader         the public interest; (ii) for the protection              inspection and copying at the principal
                                                  Alert (OTA) posted on the Exchange’s Web site.          of investors; or (iii) otherwise in                       office of the Exchange. All comments
                                                  Penny Pilot replacement issues will be selected
                                                  based on trading activity in the previous six
                                                                                                          furtherance of the purposes of the Act.                   received will be posted without change;
                                                  months, as is the case today. The replacement           If the Commission takes such action, the                  the Commission does not edit personal
                                                  issues would be identified based on The Options                                                                   identifying information from
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Clearing Corporation’s trading volume data. For           9 15  U.S.C. 78s(b)(3)(A)(iii).                         submissions. You should submit only
                                                  example, for the January replacement, trading             10 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                  volume from May 30, 2016 through November 30,
                                                                                                                                                                    information that you wish to make
                                                                                                          4(f)(6) requires a self-regulatory organization to give
                                                  2016 would be analyzed. The month immediately           the Commission written notice of its intent to file
                                                                                                                                                                    available publicly.
                                                  preceding the replacement issues’ addition to the       the proposed rule change at least five business days         All submissions should refer to File
                                                  Pilot Program (i.e., December) would not be used for    prior to the date of filing of the proposed rule
                                                  purposes of the six-month analysis.
                                                                                                                                                                    Number SR–Nasdaq–2016–160 and
                                                                                                          change, or such shorter time as designated by the
                                                     7 15 U.S.C. 78f(b).
                                                                                                          Commission. The Exchange has satisfied this
                                                                                                                                                                    should be submitted on or before
                                                     8 15 U.S.C. 78f(b)(5).                               requirement.                                              December 27, 2016.


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                                                                                Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                                     87997

                                                    For the Commission, by the Division of                    For Saudi Arabia, a waiver as required                   SWP has certified that: (1) No local
                                                  Trading and Markets, pursuant to delegated                in the ‘‘important national interest of                 traffic has moved over the Line for at
                                                  authority.11                                              the United States,’’ pursuant to section                least two years; (2) there is no overhead
                                                  Eduardo A. Aleman,                                        407 of the Act;                                         traffic on the Line; (3) no formal
                                                  Assistant Secretary.                                        For Sudan, the restriction in the                     complaint filed by a user of rail service
                                                  [FR Doc. 2016–29162 Filed 12–5–16; 8:45 am]               annual Department of State, Foreign                     on the Line (or by a state or local
                                                  BILLING CODE 8011–01–P                                    Operations, and Related Programs                        government entity acting on behalf of
                                                                                                            Appropriations Act on making certain                    such user) regarding cessation of service
                                                                                                            appropriated funds available for                        over the Line either is pending with the
                                                  DEPARTMENT OF STATE                                       assistance to the Government of Sudan,                  Surface Transportation Board (Board) or
                                                                                                            currently set forth in section 7042(j) of               with any U.S. District Court or has been
                                                  [Public Notice 9810]                                      the Department of State, Foreign                        decided in favor of complainant within
                                                                                                            Operations, and Related Programs                        the two-year period; and (4) the
                                                  Secretary of State’s Determination
                                                                                                            Appropriations Act, 2015 (Div. K, Pub.                  requirements at 49 CFR 1105.7(c) and
                                                  Under the International Religious
                                                                                                            L. 114–113), and any provision of law                   1105.8(c) (environmental and historic
                                                  Freedom Act of 1998
                                                                                                            that is the same or substantially the                   report), 49 CFR 1105.11 (transmittal
                                                     Summary: The Secretary of State’s                      same as this provision, pursuant to                     letter), 49 CFR 1105.12 (newspaper
                                                  designation of ‘‘countries of particular                  section 402(c)(5) of the Act;                           publication), and 49 CFR 1152.50(d)(1)
                                                  concern’’ for religious freedom                             For Tajikistan, a waiver as required in               (notice to governmental agencies) have
                                                  violations. Pursuant to Section 408(a) of                 the ‘‘important national interest of the                been met.
                                                  the International Religious Freedom Act                   United States,’’ pursuant to section 407                   As a condition to this exemption, any
                                                  of 1998 (Pub. L. 105–292), as amended                     of the Act;
                                                                                                                                                                    employee adversely affected by the
                                                  (the Act), notice is hereby given that, on                  For Turkmenistan, a waiver as
                                                                                                                                                                    abandonment shall be protected under
                                                  October 31, 2016, the Secretary of State,                 required in the ‘‘important national
                                                                                                            interest of the United States,’’ pursuant               Oregon Short Line Railroad—
                                                  under authority delegated by the                                                                                  Abandonment Portion Goshen Branch
                                                  President, has designated each of the                     to section 407 of the Act;
                                                                                                              For Uzbekistan, a waiver as required                  Between Firth & Ammon, in Bingham &
                                                  following as a ‘‘country of particular                                                                            Bonneville Counties, Idaho, 360 I.C.C.
                                                  concern’’ (CPC) under section 402(b) of                   in the ‘‘important national interest of
                                                                                                            the United States,’’ pursuant to section                91 (1979). To address whether this
                                                  the Act, for having engaged in or                                                                                 condition adequately protects affected
                                                  tolerated particularly severe violations                  407 of the Act.
                                                                                                              For Further Information Contact:                      employees, a petition for partial
                                                  of religious freedom: Burma, China,                                                                               revocation under 49 U.S.C. 10502(d)
                                                  Eritrea, Iran, the Democratic People’s                    Benjamin W. Medina, Office of
                                                                                                            International Religious Freedom, Bureau                 must be filed.
                                                  Republic of Korea, Saudi Arabia, Sudan,
                                                                                                            of Democracy, Human Rights, and                            Provided no formal expression of
                                                  Tajikistan, Turkmenistan, and
                                                                                                            Labor, U.S. Department of State, (Phone:                intent to file an offer of financial
                                                  Uzbekistan. The Secretary
                                                                                                            (202) 647 3865 or Email: MedinaBW@                      assistance (OFA) has been received, this
                                                  simultaneously designated the following
                                                                                                            state.gov).                                             exemption will become effective on
                                                  Presidential Actions for these CPCs:
                                                     For Burma, the existing ongoing                          Dated: November 30, 2016.                             January 5, 2017, unless stayed pending
                                                  restrictions referenced in 22 CFR 126.1,                                                                          reconsideration. Petitions to stay that do
                                                                                                            Daniel L. Nadel,
                                                  pursuant to section 402(c)(5) of the Act;                                                                         not involve environmental issues,2
                                                                                                            Director, Office of International Religious
                                                     For China, the existing ongoing                        Freedom, Department of State.
                                                                                                                                                                    formal expressions of intent to file an
                                                  restriction on exports to China of crime                                                                          OFA under 49 CFR 1152.27(c)(2),3 and
                                                                                                            [FR Doc. 2016–29171 Filed 12–5–16; 8:45 am]
                                                  control and detection instruments and                                                                             interim trail use/rail banking requests
                                                                                                            BILLING CODE 4710–18–P
                                                  equipment, under the Foreign Relations                                                                            under 49 CFR 1152.29 must be filed by
                                                  Authorization Act of 1990 and 1991                                                                                December 16, 2016. Petitions to reopen
                                                  (Pub. L. 101–246), pursuant to section                                                                            or requests for public use conditions
                                                                                                            SURFACE TRANSPORTATION BOARD                            under 49 CFR 1152.28 must be filed by
                                                  402(c)(5) of the Act;
                                                     For Eritrea, the existing ongoing                      [Docket No. AB 1240X]                                   December 27, 2016, with the Surface
                                                  restrictions referenced in 22 CFR 126.1,                                                                          Transportation Board, 395 E Street SW.,
                                                  pursuant to section 402(c)(5) of the Act;                 Southwest Pennsylvania Railroad                         Washington, DC 20423–0001.
                                                     For Iran, the existing ongoing travel                  Company—Abandonment Exemption—                             A copy of any petition filed with the
                                                  restrictions in section 221(c) of the Iran                in Fayette County, Pa.                                  Board should be sent to SWP’s
                                                  Threat Reduction and Syria Human                            Southwest Pennsylvania Railroad                       representative: Richard R. Wilson, P.C.,
                                                  Rights Act of 2012 (TRA) for individuals                  Company (SWP) has filed a verified
                                                  identified under section 221(a)(1)(C) of                  notice of exemption under 49 CFR part                   U.S.C. 1247(d), upon the Board imposing a decision
                                                  the TRA in connection with the                            1152 subpart F—Exempt Abandonments                      and notice of interim trail use or abandonment.
                                                                                                                                                                       2 The Board will grant a stay if an informed
                                                  commission of serious human rights                        to abandon .3 miles of rail line between                decision on environmental issues (whether raised
                                                  abuses, pursuant to section 402(c)(5) of                  milepost 7 in Uniontown to the end of                   by a party or by the Board’s Office of Environmental
                                                  the Act;                                                  the line in South Union Township                        Analysis (OEA) in its independent investigation)
                                                     For the Democratic People’s Republic                   (SUT), in Fayette County, Pa. (the Line).               cannot be made before the exemption’s effective
                                                  of Korea, the existing ongoing                                                                                    date. See Exemption of Out-of-Serv. Rail Lines, 5
                                                                                                            The Line traverses U.S. Postal Service                  I.C.C.2d 377 (1989). Any request for a stay should
                                                  restrictions to which the Democratic
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                                                                                                            Zip Code 15401.                                         be filed as soon as possible so that the Board may
                                                  People’s Republic of Korea is subject,                      SWP states it plans to abandon the                    take appropriate action before the exemption’s
                                                  pursuant to sections 402 and 409 of the                   Line and convert the property to trail                  effective date.
                                                  Trade Act of 1974 (the Jackson-Vanik                      use.1 The proposed transaction may not
                                                                                                                                                                       3 Each OFA must be accompanied by the filing

                                                  Amendment), pursuant to section                                                                                   fee, which is currently set at $1,700. See
                                                                                                            be consummated until January 5, 2017.                   Regulations Governing Fees for Servs. Performed in
                                                  402(c)(5) of the Act;                                                                                             Connection with Licensing & Related Servs.—2016
                                                                                                              1 SWP states it has agreed to lease the line to SUT   Update, EP 542 (Sub-No. 24) (STB served Aug. 2,
                                                    11 17   CFR 200.30–3(a)(12).                            pursuant to the National Trails System Act, 16          2016).



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Document Created: 2016-12-06 02:19:03
Document Modified: 2016-12-06 02:19:03
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 87995 

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