Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Commentary .06 to Rule 6.8 To Extend the Pilot Program That Eliminated the Position Limits for Options on SPDR S&P 500 ETF, 2161-2163 [2015-00532]
Download as PDF
Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Notices
rljohnson on DSK3VPTVN1PROD with NOTICES
Chairman’s normal vote as a committee
member).
III. Discussion and Commission
Findings
Section 19(b)(2)(C) of the Act 5 directs
the Commission to approve a proposed
rule change of a self-regulatory
organization if the Commission finds
that such proposed rule change is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to such selfregulatory organization. Section
17A(b)(3)(F) of the Act 6 requires, among
other things, that the rules of a clearing
agency are designed, in general, to
protect investors and the public interest.
In addition, Rule 17Ad–22(d)(8)
requires registered clearing agencies to
establish, implement, maintain and
enforce written policies and procedures
reasonably designed to have governance
arrangements that are clear and
transparent to fulfill the public interest
requirements in Section 17A of the Act
applicable to clearing agencies, to
support the objectives of owners and
participants, and to promote the
effectiveness of the clearing agency’s
risk management procedures.7
The Commission finds that the
proposed rule change is consistent with
Section 17A of the Act 8 and the rules
thereunder applicable to ICE Clear
Europe. As described above, the Board
Risk Committee’s Terms of Reference
provide specific information regarding,
among other things, the Board Risk
Committee’s objectives, responsibilities,
composition, and governance, as well as
its relationship with the Board and
other ICE Clear Europe committees.
Specifically, the Terms of Reference
state that the Board Risk Committee’s
role is to advise the Board with respect
to various firm-wide risk management
matters, while helping the Board to
ensure that ICE Clear Europe (i)
implements and maintains agreed risk
management procedures, processes and
controls, (ii) provides appropriate access
to its clearing services, and (iii)
appropriately considers the interests of
non-clearing member users of cleared
products, including with respect to
account segregation and collateral
protection. In this role, the Terms of
Reference provide that the Board Risk
Committee will, among other things,
advise the Board regarding any
arrangements that may materially
impact ICE Clear Europe’s risk
management (such as a significant
5 15
U.S.C. 78s(b)(2)(C).
U.S.C. 78q–1(b)(3)(F).
7 17 CFR 240.17Ad–22(d)(8).
8 15 U.S.C. 78q–1.
6 15
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Jkt 235001
change in its criteria for accepting
clearing members, clearing in new
markets, or outsourcing of certain
functions).
Moreover, the Terms of Reference
provide that the Board Risk Committee
will oversee all risks facing ICE Clear
Europe (including counterparty credit
risk, operational risk, and liquidity risk).
ICE Clear Europe states that the Board
Risk Committee’s activities will relate to
all categories of products cleared at ICE
Clear Europe, and will be in addition to
the activities of its existing productspecific risk committees (i.e., the F&O,
CDS and FX risk committees). The
Terms of Reference also require the
Board Risk Committee to report directly
to the Board and receive and review all
recommendations from each of the
product-specific risk committees. The
Commission believes that these
arrangements are reasonably designed to
protect investors and the public interest
and to promote the effectiveness of ICE
Clear Europe’s risk management
procedures. In addition, the
Commission believes that the
composition of the Board Risk
Committee, as described in the Terms of
Reference, is reasonably designed to
represent the interests of owners,
clearing participants, and customers,
and, therefore, support owner and
participant objectives.
Accordingly, the Commission believes
that the proposed rule change is
consistent with Section 17A(b)(3)(F) of
the Act,9 and the requirements of Rule
17Ad–22(d)(8) 10 applicable to
registered clearing agencies.
IV. Conclusion
On the basis of the foregoing, the
Commission finds that the proposal is
consistent with the requirements of the
Act and in particular with the
requirements of Section 17A of the
Act 11 and the rules and regulations
thereunder.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,12 that the
proposed rule change (SR–ICEEU–2014–
22) be, and hereby is, approved.13
9 15
U.S.C. 78q–1(b)(3)(F).
CFR 240.17Ad–22(d)(8).
11 15 U.S.C. 78q–1.
12 15 U.S.C. 78s(b)(2).
13 In approving the proposed rule change, the
Commission considered the proposal’s impact on
efficiency, competition and capital formation. 15
U.S.C. 78c(f).
10 17
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Fmt 4703
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2161
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Brent J. Fields,
Secretary.
[FR Doc. 2015–00529 Filed 1–14–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74029; File No. SR–
NYSEArca–2014–151]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Commentary
.06 to Rule 6.8 To Extend the Pilot
Program That Eliminated the Position
Limits for Options on SPDR S&P 500
ETF
January 9, 2015.
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
30, 2014, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
the Securities and Exchange
Commission (‘‘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 the Substance
of the Proposed Rule Change
The Exchange proposes to amend
Commentary .06 to Rule 6.8 to extend
the pilot program that eliminated the
position limits for options on SPDR S&P
500 ETF (‘‘SPY’’) (‘‘SPY Pilot Program’’).
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
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\15JAN1.SGM
15JAN1
2162
Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Notices
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
rljohnson on DSK3VPTVN1PROD with NOTICES
1. Purpose
The Exchange proposes to amend
Commentary .06 to Rule 6.8 to extend
the time period of the SPY Pilot
Program,3 which is currently scheduled
to expire on February 5, 2015, through
July 12, 2015.
This filing does not propose any
substantive changes to the SPY Pilot
Program. In proposing to extend the
SPY Pilot Program, the Exchange
reaffirms its consideration of several
factors that supported the original
proposal of the SPY Pilot Program,
including (1) the availability of
economically equivalent products and
their respective position limits, (2) the
liquidity of the option and the
underlying security, (3) the market
capitalization of the underlying security
and the related index, (4) the reporting
of large positions and requirements
surrounding margin, and (5) the
potential for market on close volatility.
In the original proposal to establish
the SPY Pilot Program, the Exchange
stated that if it were to propose an
extension, permanent approval or
termination of the program, the
Exchange would submit, along with any
filing proposing such amendments to
the program, a report providing an
analysis of the SPY Pilot Program
covering the first twelve (12) months
during which the SPY Pilot Program
was in effect (the ‘‘Pilot Report’’).4
Accordingly, the Exchange is submitting
the Pilot Report detailing the Exchange’s
experience with the SPY Pilot Program.
The Pilot Report is attached as Exhibit
3 to this filing. The Exchange notes that
it is unaware of any problems created by
the SPY Pilot Program and does not
foresee any as a result of the proposed
extension. In extending the SPY Pilot
Program, the Exchange states that if it
were to propose another extension,
permanent approval or termination of
the program, the Exchange will submit
another Pilot Report covering the period
since the previous extension, which will
be submitted at least 30 days before the
end of the proposed extension.
3 See Securities Exchange Act Release No. 68001
(October 5, 2012), 77 FR 62303 (October 12, 2012)
(SR–NYSEArca–2012–112).
4 Id.
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14:13 Jan 14, 2015
Jkt 235001
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 5 in general, and furthers the
objectives of Section 6(b)(5) of the Act 6
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, 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. The Exchange believes
that extending the SPY Pilot Program
promotes just and equitable principles
of trade by permitting market
participants, including market makers,
institutional investors and retail
investors, to establish greater positions
when pursuing their investment goals
and needs.
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. The
proposed rule change is not designed to
address any aspect of competition,
whether between the Exchange and its
competitors, or among market
participants. Instead, the proposed rule
change is designed to allow the SPY
Pilot Program to continue as other SROs
have adopted similar provisions.
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) of the Act 7 and Rule 19b–
4(f)(6) thereunder.8 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
5 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
7 15 U.S.C. 78s(b)(3)(A).
8 17 CFR 240.19b–4(f)(6).
6 15
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
19(b)(3)(A) of the Act and Rule 19b–
4(f)(6) thereunder.9
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEArca–2014–151 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2014–151. 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
provisions of 5 U.S.C. 552, will be
9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
E:\FR\FM\15JAN1.SGM
15JAN1
Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Notices
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEArca–2014–151, and should be
submitted on or before February 5, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Brent J. Fields,
Secretary.
[FR Doc. 2015–00532 Filed 1–14–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74023; File No. SR–EDGX–
2015–03]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend Certain Rules
To Adopt or Align System
Functionality With That Currently
Offered by BATS Exchange, Inc. and
BATS Y-Exchange, Inc.
rljohnson on DSK3VPTVN1PROD with NOTICES
January 9, 2015.
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 January
8, 2015, EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) 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 Exchange. The Exchange has
designated this proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A) of the
Act 3 and Rule 19b–4(f)(6)(iii)
thereunder,4 which renders it effective
upon filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6)(iii).
1 15
VerDate Sep<11>2014
14:13 Jan 14, 2015
Jkt 235001
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange filed a proposal to
amend certain rules to adopt or align
system functionality with that currently
offered by BATS Exchange, Inc. (‘‘BZX’’)
and BATS Y-Exchange, Inc. (‘‘BYX’’,
collectively with BZX, ‘‘BATS’’) in
order to provide a consistent technology
offering amongst the Exchange and its
affiliates. These changes are described
in detail below and include amending:
(i) Rule 11.1 regarding the Exchange’s
trading sessions and
Order Types; (v) Rule 11.9, Priority of
Orders; (vi) Rule 11.10, Order
Execution; (vii) Rule 11.11, Routing to
Away Trading Centers; and (viii) Rule
11.21, Retail Orders.
The proposed rule change does not
propose to implement new or unique
functionality that has not been
previously filed with the Commission or
is not available on BATS. The Exchange
notes that the proposed rule text is
based on the rules and is different only
to the extent necessary to conform to the
Exchange’s current rules.
The Exchange does not believe that
the proposed rule change will have any
direct or significant indirect effect on
any other Exchange rule in effect at the
time of this filing.
The text of the proposed rule change
is available at the Exchange’s Web site
at https://www.directedge.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 the
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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Earlier this year, the Exchange and its
affiliate, EDGA Exchange, Inc.
(‘‘EDGA’’) received approval to effect a
merger (the ‘‘Merger’’) of the Exchange’s
parent company, Direct Edge Holdings
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
2163
LLC, with BATS Global Markets, Inc.,
the parent of BATS (together with
BATS, EDGA and EDGX, the ‘‘BGM
Affiliated Exchanges’’).5 In the context
of the Merger, the BGM Affiliated
Exchanges are working to migrate EDGX
and EDGA onto the BATS technology
platform, and align certain system
functionality, retaining only intended
differences between the BGM Affiliated
Exchanges. As a result of these efforts,
the Exchange proposes to amend: (i)
Rule 11.1 regarding the Exchange’s
trading sessions and hours of operation;
(ii) Rule 11.6, Definitions; (iii) Rule
11.7, Opening Process; (iv) Rule 11.8,
Order Types; (v) Rule 11.9, Priority of
Orders; (vi) Rule 11.10, Order
Execution; (vii) Rule 11.11, Routing to
Away Trading Centers; and (vi) Rule
11.21, Retail Orders.
The proposed amendments are
intended to align certain system
functionality with that currently offered
by BATS in order to provide a
consistent technology offering for
Users 6 of the BGM Affiliated
Exchanges. The Exchange notes that the
proposed rule text is based on the BATS
Rule and is different only to the extent
necessary to conform to the Exchange’s
current rules.7 The proposed
amendments do not propose to
implement new or unique functionality
that has not been previously filed with
the Commission or is not available on
BATS or BYX.
Rule 11.1, Hours of Trading and Trading
Days
Current Functionality. Rule 11.1 sets
forth when orders may be entered into
the System 8 and outlines a User’s
ability to select the trading sessions for
which an order may be eligible for
execution. Proposed Rule 11.1(a)(1),
Session Indicator, describes each of the
Exchange’s existing trading sessions. A
User may select the particular trading
sessions for which their order(s) may be
eligible for execution. Specifically,
5 See Securities Exchange Act Release No. 71449
(January 30, 2014), 79 FR 6961 (February 5, 2014)
(SR–EDGX–2013–43; SR–EDGA–2013–34).
6 The term ‘‘User’’ is defined as ‘‘any Member or
Sponsored Participant who is authorized to obtain
access to the System pursuant to Rule 11.3.’’ See
Exchange Rule 1.5(ee).
7 To the extent a proposed rule change is based
on an existing BATS Rule, the language of the
BATS and Exchange Rules may differ to extent
necessary to conform with existing Exchange rule
text or to account for details or descriptions
included in the Exchange Rules but not currently
included in BATS rules based on the current
structure of such rules.
8 Exchange Rule 1.5(cc) defines ‘‘System’’ as ‘‘the
electronic communications and trading facility
designated by the Board through which securities
orders of Users are consolidated for ranking,
execution and, when applicable, routing away.’’
E:\FR\FM\15JAN1.SGM
15JAN1
Agencies
[Federal Register Volume 80, Number 10 (Thursday, January 15, 2015)]
[Notices]
[Pages 2161-2163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00532]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74029; File No. SR-NYSEArca-2014-151]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Commentary
.06 to Rule 6.8 To Extend the Pilot Program That Eliminated the
Position Limits for Options on SPDR S&P 500 ETF
January 9, 2015.
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 30, 2014, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes to amend Commentary .06 to Rule 6.8 to extend
the pilot program that eliminated the position limits for options on
SPDR S&P 500 ETF (``SPY'') (``SPY Pilot Program''). 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
[[Page 2162]]
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Commentary .06 to Rule 6.8 to extend
the time period of the SPY Pilot Program,\3\ which is currently
scheduled to expire on February 5, 2015, through July 12, 2015.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 68001 (October 5,
2012), 77 FR 62303 (October 12, 2012) (SR-NYSEArca-2012-112).
---------------------------------------------------------------------------
This filing does not propose any substantive changes to the SPY
Pilot Program. In proposing to extend the SPY Pilot Program, the
Exchange reaffirms its consideration of several factors that supported
the original proposal of the SPY Pilot Program, including (1) the
availability of economically equivalent products and their respective
position limits, (2) the liquidity of the option and the underlying
security, (3) the market capitalization of the underlying security and
the related index, (4) the reporting of large positions and
requirements surrounding margin, and (5) the potential for market on
close volatility.
In the original proposal to establish the SPY Pilot Program, the
Exchange stated that if it were to propose an extension, permanent
approval or termination of the program, the Exchange would submit,
along with any filing proposing such amendments to the program, a
report providing an analysis of the SPY Pilot Program covering the
first twelve (12) months during which the SPY Pilot Program was in
effect (the ``Pilot Report'').\4\ Accordingly, the Exchange is
submitting the Pilot Report detailing the Exchange's experience with
the SPY Pilot Program. The Pilot Report is attached as Exhibit 3 to
this filing. The Exchange notes that it is unaware of any problems
created by the SPY Pilot Program and does not foresee any as a result
of the proposed extension. In extending the SPY Pilot Program, the
Exchange states that if it were to propose another extension, permanent
approval or termination of the program, the Exchange will submit
another Pilot Report covering the period since the previous extension,
which will be submitted at least 30 days before the end of the proposed
extension.
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \5\ in general, and furthers the objectives of Section
6(b)(5) of the Act \6\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, 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. The Exchange
believes that extending the SPY Pilot Program promotes just and
equitable principles of trade by permitting market participants,
including market makers, institutional investors and retail investors,
to establish greater positions when pursuing their investment goals and
needs.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is not
designed to address any aspect of competition, whether between the
Exchange and its competitors, or among market participants. Instead,
the proposed rule change is designed to allow the SPY Pilot Program to
continue as other SROs have adopted similar provisions.
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) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\ Because
the foregoing proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6).
\9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and the text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEArca-2014-151 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2014-151. 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
provisions of 5 U.S.C. 552, will be
[[Page 2163]]
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2014-151, and should be submitted on or before
February 5, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Brent J. Fields,
Secretary.
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\10\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2015-00532 Filed 1-14-15; 8:45 am]
BILLING CODE 8011-01-P