Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Proposes to Amend Commentary .02 to NYSE Amex Options Rule 960NY in order to Extend the Penny Pilot in Options Classes in Certain Issues Previously Approved by the Securities and Exchange Commission through June 30, 2014, 79049-79051 [2013-30940]
Download as PDF
Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
because the participant did not act with
‘‘purpose.’’ The Exchange further
represented that such unintended
activity could also give rise to other
violations, such as a failure to supervise
under Rule 342—Equities or Rule 922,
or a violation of just and equitable
principles of trade or could otherwise
constitute unethical activity under Rule
476(a)(6) or Rule 2010—Equities.
Accordingly, the Commission expects
the Exchange to continue to surveil for
potential wash sale activity and to take
necessary action as appropriate.
The Commission believes that the
proposed deletion of Rule 476(a)(8) and
Rule 4 promotes harmonization,
consistency and clarity with respect to
the Exchange’s rules 12 by resolving the
current inconsistent scienter standards
of Exchange Rule 476(a)(8) and
Exchange Rule 4,13 Exchange Rule
6140—Equities, NYSE Rule 6140 and
FINRA Rule 6140, as well as extending
the breadth of persons covered by Rule
6140—Equities to those persons covered
by Rule 476(a)(8). The Commission also
believes that the additions to Exchange
Rule 995NY to apply the specific
provisions of Rule 6140(a) and (b)—
Equities to the Exchange’s options
market are appropriate because the
Exchange’s ATP Holders will be subject
to a rule that prohibits wash sales that
were designed to create or induce a false
or misleading appearance of activity in
a designated security. The change will
provide clear notice to the ATP Holders
of such prohibited activity, as well as
make the prohibited activity consistent
across both the Exchange’s equities and
options markets, as well as across NYSE
and FINRA. The Commission believes
that the proposed rule change should
result in less burdensome and more
efficient regulatory compliance for firms
that are members of the Exchange,
NYSE and FINRA. As such, the
Exchange’s rules would continue to
protect investors and the public interest.
For the foregoing reasons, the
Commission finds that the proposed
rule change is consistent with Section
6(b)(5) of the Act 14 and the rules and
regulations thereunder applicable to a
national securities exchange.
12 The Exchange stated that it can bring
disciplinary actions under Rule 476(a)(8) for
conduct that occurred prior to the time the rule is
deleted. Thus, the proposed rule change would
have no impact on ongoing disciplinary actions
involving violations of Rule 476(a)(8).
13 The Exchange noted that Rule 4 is substantially
the same as Rule 6140(a)—Equities.
14 15 U.S.C. 78f(b)(5).
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Jkt 232001
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Exchange Act,15
that the proposed rule change (SR–
NYSEMKT–2013–88) be, and it hereby
is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–30938 Filed 12–26–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71163; File No. SR–
NYSEMKT–2013–104]
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Proposes to Amend
Commentary .02 to NYSE Amex
Options Rule 960NY in order to Extend
the Penny Pilot in Options Classes in
Certain Issues Previously Approved by
the Securities and Exchange
Commission through June 30, 2014
December 20, 2013.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on December
18, 2013, NYSE MKT LLC (the
‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Commentary .02 to NYSE Amex Options
Rule 960NY in order to extend the
Penny Pilot in options classes in certain
issues (‘‘Pilot Program’’) previously
approved by the Securities and
Exchange Commission (‘‘Commission’’)
through June 30, 2014. The text of the
proposed rule change is available on the
Exchange’s Web site at www.nyse.com,
at the principal office of the Exchange,
15 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
1 15 U.S.C.78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
16 17
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Fmt 4703
Sfmt 4703
79049
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange hereby proposes to
amend Commentary .02 to Exchange
Rule 960NY to extend the time period
of the Pilot Program,4 which is currently
scheduled to expire on December 31,
2013 through June 30, 2014. The
Exchange also proposes that the dates to
replace issues in the Pilot Program that
have been delisted be revised to the
second trading day following January 1,
2014.5
This filing does not propose any
substantive changes to the Pilot
Program: All classes currently
participating will remain the same and
all minimum increments will remain
unchanged. The Exchange believes the
benefits to public customers and other
market participants who will be able to
express their true prices to buy and sell
options have been demonstrated to
outweigh the increase in quote traffic.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b)6 of the
Securities Exchange Act of 1934 (the
‘‘Act’’), in general, and furthers the
objectives of Section 6(b)(5),7 in
4 See Securities Exchange Act Release No. 69105
(March 11, 2013), 78 FR 16554 (March 15, 2013)
(SR–NYSEMKT–2013–17).
5 The month immediately preceding a
replacement class’s addition to the Pilot Program
(i.e., December) would not be used for purposes of
the analysis for determining the replacement class.
Thus, a replacement class to be added on the
second trading day following January 1, 2014 would
be identified based on The Option Clearing
Corporation’s trading volume data from June 1,
2013 through November 30, 2013. The Exchange
will announce the replacement issues to the
Exchange’s membership through a Trader Update.
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
E:\FR\FM\27DEN1.SGM
27DEN1
79050
Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, and to remove
impediments to and perfect the
mechanisms of a free and open market
and a national market system. The
Exchange believes that the Pilot
Program promotes just and equitable
principles of trade by enabling public
customers and other market participants
to express their true prices to buy and
sell options. The proposal to extend the
Pilot Program is designed to promote
just and equitable principles of trade, to
foster cooperation and coordination
with persons engaged in facilitating
transactions in securities, and to remove
impediments to and perfect the
mechanisms of a free and open market
and a national market system, by
allowing the Exchange and the
Commission additional time to analyze
the impact of the Pilot Program while
also allowing the Exchange to continue
to compete for order flow with other
exchanges in option issues trading as
part of the Pilot Program.
tkelley on DSK3SPTVN1PROD with NOTICES
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. Specifically,
the Exchange believes that, by extending
the expiration of the Pilot Program, the
proposed rule change will allow for
further analysis of the Pilot Program and
a determination of how the Program
should be structured in the future. In
doing so, the proposed rule change will
also serve to promote regulatory clarity
and consistency, thereby reducing
burdens on the marketplace and
facilitating investor protection. The
Pilot Program is an industry wide
initiative supported by all other option
exchanges. The Exchange believes that
extending the Pilot Program will allow
for continued competition between
NYSE Amex Options market
participants trading similar products as
their counterparts on other exchanges,
while at the same time allowing the
Exchange to continue to compete for
order flow with other exchanges in
option issues trading as part of the Pilot
Program.
VerDate Mar<15>2010
23:48 Dec 26, 2013
Jkt 232001
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received from
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act8 and Rule
19b–4(f)(6) thereunder.9 Because the
proposed rule change does not: (i)
Significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest, the proposed rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act10 and
Rule 19b–4(f)(6)(iii) thereunder.11
A proposed rule change filed under
Rule 19b–4(f)(6) normally does not
become operative prior to 30 days after
the date of the filing.12 However,
pursuant to Rule 19b–4(f)(6)(iii),13 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because doing so will allow the Pilot
Program to continue without
interruption in a manner that is
consistent with the Commission’s prior
approval of the extension and expansion
of the Pilot Program and will allow the
Exchange and the Commission
additional time to analyze the impact of
the Pilot Program.14 Accordingly, the
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
10 15 U.S.C. 78s(b)(3)(A).
11 17 CFR 240.19b–4(f)(6)(iii).
12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has satisfied this pre-filing requirement.
13 17 CFR 240.19b–4(f)(6)(iii).
14 See Securities Exchange Act Release No. 61061
(November 24, 2009), 74 FR 62857 (December 1,
2009) (SR–NYSEArca-2009–44).
9 17
PO 00000
Frm 00241
Fmt 4703
Sfmt 4703
Commission designates the proposed
rule change as operative upon filing
with the Commission.15
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B)16 of the Act to
determine whether the proposed rule
change 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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEMKT–2013–104 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NYSEMKT–2013–104. 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 (https://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
15 For purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
16 15 U.S.C. 78s(b)(2)(B).
E:\FR\FM\27DEN1.SGM
27DEN1
Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Section, 100 F Street NE.,
Washington, DC 20549–1090. Copies of
the filing will also be available for
inspection and copying at the NYSE’s
principal office and on its Internet Web
site at www.nyse.com. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEMKT–2013–104 and should be
submitted on or before January 17, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–30940 Filed 12–26–13; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–71160; File No. SR–ISE–
2013–60]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Rent Cabinet Space to
Telecommunication Vendors in the
Exchange’s Backup Datacenter
December 20, 2013.
tkelley on DSK3SPTVN1PROD with NOTICES
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on December
13, 2013, the International Securities
Exchange, LLC (the ‘‘Exchange’’ or the
‘‘ISE’’) filed with the Securities and
Exchange Commission the proposed
rule change, as described in Items I and
II below, which items have been
prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The ISE proposes to provide cabinet
space in its backup datacenter to
telecommunication vendors to replace
substantially similar services currently
provided by the Exchange’s third party
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Mar<15>2010
23:48 Dec 26, 2013
Jkt 232001
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization 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 the
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
17 17
datacenter operator in connection with
the move of this datacenter to an ISE
facility, and to adopt a corresponding
disaster recovery network fee. The text
of the proposed rule change is available
on the Exchange’s Web site (https://
www.ise.com), at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
1. Purpose
ISE is in the process of moving its
backup datacenter from the current
third-party site in New Jersey (‘‘Telx’’)
to the Exchange’s headquarters in New
York, and, in connection with this
move, is proposing to allow
telecommunication vendors to rent
cabinet space in the ISE facility, and to
adopt a corresponding disaster recovery
network fee.
Currently, market participants,
including members and non-members,
may rent cabinet space in the backup
datacenter run by Telx in order to
maintain connectivity to the Exchange
in the event that the ISE’s primary
datacenter is not operational. As the
Exchange is moving its hardware to an
ISE-run facility, the Exchange proposes
to offer this service itself. In particular,
the ISE proposes to facilitate
connectivity to the backup datacenter by
providing telecommunication vendors
with cabinet space,3 in either half
cabinet or full cabinet options, along
with power and cooling in a secure,
controlled environment.4 The proposed
services are substantially the same as
3 Cabinet space will be provided in industry
standard 19″ open air racks, which will be secured
in a caged meet-me-room that is controlled by 24×7
access based on a registration process for access.
4 This service is being provided as a means of
establishing connectivity to the backup datacenter.
Renting cabinet space does not entitle
telecommunications vendors to receive or
redistribute market data.
PO 00000
Frm 00242
Fmt 4703
Sfmt 4703
79051
services currently provided through
Telx to market participants that wish to
connect to the ISE’s backup datacenter.
The Exchange believes that it is
important that it continue to provide
these services so that market
participants may connect to the backup
datacenter in the event that the ISE’s
primary datacenter is not operational.
Like the ISE’s third party datacenter
operator, the Exchange intends to charge
a fee to telecommunication vendors that
wish to rent cabinet space in the ISE’s
backup datacenter when it is moved to
the new facility. Operating the backup
datacenter takes a significant amount of
ISE resources, and the proposed
‘‘disaster recovery network fee’’ will
allow the Exchange to recoup associated
expenses. As explained above, the
proposed fee will entitle vendors to
obtain cabinet space in the datacenter,
along with power and cooling. The fees
assessed will reflect the amount of
cabinet space used by each vendor, and
will be $2,300 per month for a halfcabinet and $2,800 per month for a full
cabinet. The Exchange will not charge
any installation or other fees to
telecommunication vendors for
connecting to the backup datacenter.
As proposed, firms that currently
connect to the backup datacenter at Telx
will be able to continue to do so through
telecommunication vendors who have
entered into a contractual agreement
with the Exchange to provide these
services, and who will be responsible
for redistributing connectivity to market
participants that desire access. This
would include members that currently
connect to Telx in order to maintain
connectivity in the event that the
Exchange must operate using its backup
datacenter.5 It would also include nonmembers (e.g., extranet providers) that
currently connect to Telx in order to
redistribute that connectivity to others.6
For operational reasons, market
participants will not be permitted to
connect directly to the backup
datacenter at the ISE facility, and must
go through a telecommunication vendor.
The Exchange believes that this
provides a more efficient means of
managing connectivity to the backup
datacenter as the ISE would not need to
set up and maintain many separate
connections from market participants.
The Exchange expects that initially
four telecommunication vendors will
provide connectivity to the backup
5 Members are not required to establish
connectivity to the Exchange’s backup datacenter,
which is purely voluntary.
6 An ‘‘extranet provider’’ is a technology provider
that connects with ISE systems and in turn provides
such connectivity to market participants that do not
connect directly with the Exchange.
E:\FR\FM\27DEN1.SGM
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Agencies
[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 79049-79051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30940]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71163; File No. SR-NYSEMKT-2013-104]
Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Proposes to Amend
Commentary .02 to NYSE Amex Options Rule 960NY in order to Extend the
Penny Pilot in Options Classes in Certain Issues Previously Approved by
the Securities and Exchange Commission through June 30, 2014
December 20, 2013.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on December 18, 2013, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C.78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Commentary .02 to NYSE Amex Options
Rule 960NY in order to extend the Penny Pilot in options classes in
certain issues (``Pilot Program'') previously approved by the
Securities and Exchange Commission (``Commission'') through June 30,
2014. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange hereby proposes to amend Commentary .02 to Exchange
Rule 960NY to extend the time period of the Pilot Program,\4\ which is
currently scheduled to expire on December 31, 2013 through June 30,
2014. The Exchange also proposes that the dates to replace issues in
the Pilot Program that have been delisted be revised to the second
trading day following January 1, 2014.\5\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 69105 (March 11,
2013), 78 FR 16554 (March 15, 2013) (SR-NYSEMKT-2013-17).
\5\ The month immediately preceding a replacement class's
addition to the Pilot Program (i.e., December) would not be used for
purposes of the analysis for determining the replacement class.
Thus, a replacement class to be added on the second trading day
following January 1, 2014 would be identified based on The Option
Clearing Corporation's trading volume data from June 1, 2013 through
November 30, 2013. The Exchange will announce the replacement issues
to the Exchange's membership through a Trader Update.
---------------------------------------------------------------------------
This filing does not propose any substantive changes to the Pilot
Program: All classes currently participating will remain the same and
all minimum increments will remain unchanged. The Exchange believes the
benefits to public customers and other market participants who will be
able to express their true prices to buy and sell options have been
demonstrated to outweigh the increase in quote traffic.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b)\6\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5),\7\ in
[[Page 79050]]
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system. The Exchange believes that the
Pilot Program promotes just and equitable principles of trade by
enabling public customers and other market participants to express
their true prices to buy and sell options. The proposal to extend the
Pilot Program is designed to promote just and equitable principles of
trade, to foster cooperation and coordination with persons engaged in
facilitating transactions in securities, and to remove impediments to
and perfect the mechanisms of a free and open market and a national
market system, by allowing the Exchange and the Commission additional
time to analyze the impact of the Pilot Program while also allowing the
Exchange to continue to compete for order flow with other exchanges in
option issues trading as part of the Pilot Program.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, the Exchange
believes that, by extending the expiration of the Pilot Program, the
proposed rule change will allow for further analysis of the Pilot
Program and a determination of how the Program should be structured in
the future. In doing so, the proposed rule change will also serve to
promote regulatory clarity and consistency, thereby reducing burdens on
the marketplace and facilitating investor protection. The Pilot Program
is an industry wide initiative supported by all other option exchanges.
The Exchange believes that extending the Pilot Program will allow for
continued competition between NYSE Amex Options market participants
trading similar products as their counterparts on other exchanges,
while at the same time allowing the Exchange to continue to compete for
order flow with other exchanges in option issues trading as part of the
Pilot Program.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act\8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act\10\ and Rule 19b-
4(f)(6)(iii) thereunder.\11\
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\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6).
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6)(iii).
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A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\12\
However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because doing so will
allow the Pilot Program to continue without interruption in a manner
that is consistent with the Commission's prior approval of the
extension and expansion of the Pilot Program and will allow the
Exchange and the Commission additional time to analyze the impact of
the Pilot Program.\14\ Accordingly, the Commission designates the
proposed rule change as operative upon filing with the Commission.\15\
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\12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this pre-filing requirement.
\13\ 17 CFR 240.19b-4(f)(6)(iii).
\14\ See Securities Exchange Act Release No. 61061 (November 24,
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44).
\15\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B)\16\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\16\ 15 U.S.C. 78s(b)(2)(B).
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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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEMKT-2013-104 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEMKT-2013-104. 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 (https://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
[[Page 79051]]
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549-1090. Copies of the filing will also be
available for inspection and copying at the NYSE's principal office and
on its Internet Web site at www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEMKT-2013-104 and should be submitted
on or before January 17, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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\17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30940 Filed 12-26-13; 8:45 am]
BILLING CODE 8011-01-P