Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot Program That Suspends Certain Obvious Error Provisions During Limit Up-Limit Down States in Securities That Underlie Options Traded on the Exchange, 10177-10179 [2015-03814]
Download as PDF
Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices
Exchange has not received any
unsolicited written comments from
members or other interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
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 for 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 11 and Rule 19b–4(f)(6)(iii)
thereunder.12
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, as it
will allow the obvious error pilot
program to continue uninterrupted
while the industry gains further
experience operating under the Plan,
and avoid any investor confusion that
could result from a temporary
interruption in the pilot program. For
this reason, the Commission designates
the proposed rule change to be operative
upon filing.13
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
11 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii). As required under
Rule 19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
13 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
asabaliauskas on DSK5VPTVN1PROD with NOTICES
12 17
VerDate Sep<11>2014
18:05 Feb 24, 2015
Jkt 235001
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 rulecomments@sec.gov. Please include File
Number SR–ISEGemini–2015–05 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–ISEGemini–2015–05. 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
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–
ISEGemini–2015–05, and should be
submitted on or before March 18, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Brent J. Fields,
Secretary.
[FR Doc. 2015–03822 Filed 2–24–15; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74306; File No. SR–BOX–
2015–13]
Self-Regulatory Organizations; BOX
Options Exchange LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Extend
the Pilot Program That Suspends
Certain Obvious Error Provisions
During Limit Up-Limit Down States in
Securities That Underlie Options
Traded on the Exchange
February 19, 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 February
18, 2015, BOX Options Exchange LLC
(the ‘‘Exchange’’) 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
Interpretive Material 1 to Rule 7080 to
extend, through October 23, 2015, the
pilot program that suspends certain
obvious error provisions during limit
up-limit down states in securities that
underlie options traded on the
Exchange. The text of the proposed rule
change is available from the principal
office of the Exchange, at the
Commission’s Public Reference Room
and also on the Exchange’s Internet Web
site at https://boxexchange.com.
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.
BILLING CODE 8011–01–P
1 15
14 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00134
Fmt 4703
Sfmt 4703
10177
2 17
E:\FR\FM\25FEN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
25FEN1
10178
Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to extend
through October 23, 2015 the pilot that
permits the Exchange to suspend certain
provisions in BOX Rule 7170 (Obvious
and Catastrophic Errors) during limit
up-limit down states in securities that
underlie options traded on the Exchange
(‘‘Pilot’’). The Pilot is currently
scheduled to expire on February 20,
2015.
The Pilot allows the Exchange to
exclude transactions executed during a
Limit State or Straddle State from
provisions in BOX Rule 7170. This does
not include Rule 7170(e) and (f), which
specify when a trade resulting from an
erroneous print or quote in the
underlying security may be adjusted or
busted.
The remaining provisions in BOX
Rule 7170 provide a process by which
a transaction may be busted or adjusted
when the execution price of a
transaction deviates from the option’s
theoretical price by a certain amount.
Under these provisions, the theoretical
price is the national best bid price for
the option with respect to a sell order
and the national best offer for the option
with respect to a buy order. During a
Limit State or Straddle State, options
prices may deviate substantially from
those available prior to or following the
limit state. Consequently, the Exchange
believed that these provisions would be
impracticable given the lack of a reliable
national best bid or offer in the options
market during Limit States and Straddle
States, and could produce undesirable
effects.
The Exchange proposes to extend the
operation of this Pilot to analyze the
impact of the Limit and Straddle States.
The Exchange will also continue to
evaluate whether adopting a provision
for reviewing trades on its own motion
during Limit and Straddle States is
necessary and appropriate.
Additionally, the Exchange represents
that it will conduct its own analysis
concerning the elimination of the
obvious error rule during Limit and
Straddle States and agrees to provide
the Commission with relevant data to
assess the impact of the Pilot. As part of
its analysis, the Exchange will evaluate
(1) the options market quality during
Limit and Straddle States, (2) assess the
character of incoming order flow and
transactions during Limit and Straddle
States, and (3) review any complaints
from members and their customers
concerning executions during Limit and
VerDate Sep<11>2014
18:05 Feb 24, 2015
Jkt 235001
Straddle States. The Exchange also
agrees to provide to the Commission
data requested to evaluate the impact of
the elimination of the obvious error
rule, including data relevant to
assessing the various analyses noted
above.
Specifically, the Exchange agrees to
provide the following data to the
Commission and the public to help
evaluate the impact of the Pilot. By May
29, 2015 the Exchange shall provide an
assessment relating to the impact of the
Plan and calibration of the Percentage
Parameters. On a monthly basis, the
Exchange shall provide both the
Commission and public a dataset
containing the data for each Straddle
and Limit State in optionable stocks.3
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the Act,4
in general, and Section 6(b)(5) of the
Act,5 in particular, in that it is designed
to foster cooperation and coordination
with persons engaged in regulating,
clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism for a free and open market
and a national market system and, in
general, to protect investors and the
public interest. In particular, the
proposed extension will allow the Pilot
to remain in effect until the end of the
pilot period of the Plan to Address
Extraordinary Market Volatility
(‘‘Plan’’).6 The Exchange believes that it
3 The dataset will include the options for each
underlying security that reaches a limit or straddle
state and has at least one (1) trade on the Exchange
during the straddle or limit state. For each of those
options affected the data record will contain the
stock symbol, option symbol, time at the start of the
straddle or limit state, an indicator for whether it
is a straddle or limit state. For activity on the
Exchange the data record will contain the executed
volume, time-weighted quoted bid-ask spread, timeweighted average quoted depth at the bid, timeweighted average quoted depth at the offer, high
execution price, low execution price, number of
trades for which a request for review for error was
received during straddle or limit states, an indicator
variable for whether those options outlined above
have a price change exceeding 30% during the
underlying stock’s straddle or limit state compared
to the last available option price as reported by
OPRA before the start of the straddle or limit state
(1 if observe 30% and 0 otherwise), and another
indicator variable for whether the option price
within five minutes of the underlying stock leaving
straddle or limit state (or halt if applicable) is 30%
away from the price before the start of the straddle
or limit state.
4 15 U.S.C. 78f(b).
5 15 U.S.C. 78f(b)(5).
6 See Securities Exchange Act Release No. 74110
(January 21, 2015), 80 FR 4321 (January 27, 2015)
(Joint Industry Plan; Notice of Filing of the Eighth
Amendment to the National Market System Plan to
Address Extraordinary Market Volatility).
PO 00000
Frm 00135
Fmt 4703
Sfmt 4703
continues to be necessary and
appropriate in the interest of promoting
fair and orderly markets to exclude
transactions executed during a Limit
State or Straddle State from the
provision of BOX Rule 7170.
Specifically the Exchange believes the
application of the current rule will be
impracticable given the lack of a reliable
national best bid or offer in the options
market during Limit States and Straddle
States, and that the resulting actions
(i.e., busted trades or adjusted prices)
may not be appropriate given market
conditions.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Because the proposed rule change
does not impose any new or additional
burden on BOX Options Participants,
and only extends the current Pilot, 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.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
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 for 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 7 and Rule 19b–4(f)(6)(iii)
thereunder.8
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, as it
7 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii). As required under
Rule 19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
8 17
E:\FR\FM\25FEN1.SGM
25FEN1
Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices
will allow the obvious error pilot
program to continue uninterrupted
while the industry gains further
experience operating under the Plan,
and avoid any investor confusion that
could result from a temporary
interruption in the pilot program. For
this reason, the Commission designates
the proposed rule change to be operative
upon filing.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:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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–
BOX–2015–13 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–BOX–2015–13. 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
9 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
VerDate Sep<11>2014
19:36 Feb 24, 2015
Jkt 235001
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–BOX–
2015–13, and should be submitted on or
before March 18, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Brent J. Fields,
Secretary.
[FR Doc. 2015–03814 Filed 2–24–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74310; File No. SR–BX–
2015–010]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Modify and
Reorganize Chapter VI (Trading
Systems), Section 8 (BX Opening and
Halt Cross) of the Exchange’s Options
Rules
February 19, 2015.
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 February
9, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’
or ‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I and II
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.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to modify and
reorganize Chapter VI (Trading
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00136
Fmt 4703
Sfmt 4703
10179
Systems), Section 8 (BX Opening and
Halt Cross) of the Exchange’s Options
rules. The proposal would update or
add Section 1 and Section 8 definitions
in respect of the BX Opening and Halt
Cross. The proposal would also make
changes regarding: The criteria for
opening of trading or resumption of
trading after a halt; BX posting on its
Web site any changes to the
dissemination interval or prior Order
Imbalance Indicator; the procedure if
more than one price exists; the
procedure if there are unexecuted
contracts; and the ability of firms to
elect that orders be returned in symbols
that were not opened on BX before the
conclusion of the Opening Order Cancel
Timer.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaqomxbx.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 the proposed rule
change is to modify BX Chapter VI,
Section 1 and Section 8 to update or add
definitions, which include Current
Reference Price, BX Opening Cross,
Eligible Interest, Valid Width National
Best Bid or Offer (‘‘Valid Width
NBBO’’), Away Best Bid or Offer
(‘‘ABBO’’), and On the Open Order
(‘‘OPG’’). The purpose is to also make
changes regarding: The criteria for
opening of trading or resumption of
trading after a halt; BX posting on its
Web site any changes to the
dissemination interval or prior Order
Imbalance Indicator; the procedure if
more than one price exists; the
procedure if there are unexecuted
contracts; and the ability of firms to
elect that orders be returned in symbols
E:\FR\FM\25FEN1.SGM
25FEN1
Agencies
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10177-10179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03814]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74306; File No. SR-BOX-2015-13]
Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Extend the Pilot Program That Suspends Certain Obvious Error Provisions
During Limit Up-Limit Down States in Securities That Underlie Options
Traded on the Exchange
February 19, 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 February 18, 2015, BOX Options Exchange LLC (the ``Exchange'')
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 Interpretive Material 1 to Rule 7080
to extend, through October 23, 2015, the pilot program that suspends
certain obvious error provisions during limit up-limit down states in
securities that underlie options traded on the Exchange. The text of
the proposed rule change is available from the principal office of the
Exchange, at the Commission's Public Reference Room and also on the
Exchange's Internet Web site at https://boxexchange.com.
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.
[[Page 10178]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to extend through October 23, 2015 the pilot
that permits the Exchange to suspend certain provisions in BOX Rule
7170 (Obvious and Catastrophic Errors) during limit up-limit down
states in securities that underlie options traded on the Exchange
(``Pilot''). The Pilot is currently scheduled to expire on February 20,
2015.
The Pilot allows the Exchange to exclude transactions executed
during a Limit State or Straddle State from provisions in BOX Rule
7170. This does not include Rule 7170(e) and (f), which specify when a
trade resulting from an erroneous print or quote in the underlying
security may be adjusted or busted.
The remaining provisions in BOX Rule 7170 provide a process by
which a transaction may be busted or adjusted when the execution price
of a transaction deviates from the option's theoretical price by a
certain amount. Under these provisions, the theoretical price is the
national best bid price for the option with respect to a sell order and
the national best offer for the option with respect to a buy order.
During a Limit State or Straddle State, options prices may deviate
substantially from those available prior to or following the limit
state. Consequently, the Exchange believed that these provisions would
be impracticable given the lack of a reliable national best bid or
offer in the options market during Limit States and Straddle States,
and could produce undesirable effects.
The Exchange proposes to extend the operation of this Pilot to
analyze the impact of the Limit and Straddle States. The Exchange will
also continue to evaluate whether adopting a provision for reviewing
trades on its own motion during Limit and Straddle States is necessary
and appropriate.
Additionally, the Exchange represents that it will conduct its own
analysis concerning the elimination of the obvious error rule during
Limit and Straddle States and agrees to provide the Commission with
relevant data to assess the impact of the Pilot. As part of its
analysis, the Exchange will evaluate (1) the options market quality
during Limit and Straddle States, (2) assess the character of incoming
order flow and transactions during Limit and Straddle States, and (3)
review any complaints from members and their customers concerning
executions during Limit and Straddle States. The Exchange also agrees
to provide to the Commission data requested to evaluate the impact of
the elimination of the obvious error rule, including data relevant to
assessing the various analyses noted above.
Specifically, the Exchange agrees to provide the following data to
the Commission and the public to help evaluate the impact of the Pilot.
By May 29, 2015 the Exchange shall provide an assessment relating to
the impact of the Plan and calibration of the Percentage Parameters. On
a monthly basis, the Exchange shall provide both the Commission and
public a dataset containing the data for each Straddle and Limit State
in optionable stocks.\3\
---------------------------------------------------------------------------
\3\ The dataset will include the options for each underlying
security that reaches a limit or straddle state and has at least one
(1) trade on the Exchange during the straddle or limit state. For
each of those options affected the data record will contain the
stock symbol, option symbol, time at the start of the straddle or
limit state, an indicator for whether it is a straddle or limit
state. For activity on the Exchange the data record will contain the
executed volume, time-weighted quoted bid-ask spread, time-weighted
average quoted depth at the bid, time-weighted average quoted depth
at the offer, high execution price, low execution price, number of
trades for which a request for review for error was received during
straddle or limit states, an indicator variable for whether those
options outlined above have a price change exceeding 30% during the
underlying stock's straddle or limit state compared to the last
available option price as reported by OPRA before the start of the
straddle or limit state (1 if observe 30% and 0 otherwise), and
another indicator variable for whether the option price within five
minutes of the underlying stock leaving straddle or limit state (or
halt if applicable) is 30% away from the price before the start of
the straddle or limit state.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\4\ in general, and Section
6(b)(5) of the Act,\5\ in particular, in that it is designed to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism for a free and open market and a national market
system and, in general, to protect investors and the public interest.
In particular, the proposed extension will allow the Pilot to remain in
effect until the end of the pilot period of the Plan to Address
Extraordinary Market Volatility (``Plan'').\6\ The Exchange believes
that it continues to be necessary and appropriate in the interest of
promoting fair and orderly markets to exclude transactions executed
during a Limit State or Straddle State from the provision of BOX Rule
7170. Specifically the Exchange believes the application of the current
rule will be impracticable given the lack of a reliable national best
bid or offer in the options market during Limit States and Straddle
States, and that the resulting actions (i.e., busted trades or adjusted
prices) may not be appropriate given market conditions.
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\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
\6\ See Securities Exchange Act Release No. 74110 (January 21,
2015), 80 FR 4321 (January 27, 2015) (Joint Industry Plan; Notice of
Filing of the Eighth Amendment to the National Market System Plan to
Address Extraordinary Market Volatility).
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B. Self-Regulatory Organization's Statement on Burden on Competition
Because the proposed rule change does not impose any new or
additional burden on BOX Options Participants, and only extends the
current Pilot, 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.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
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 for 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 \7\ and Rule 19b-
4(f)(6)(iii) thereunder.\8\
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\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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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,
as it
[[Page 10179]]
will allow the obvious error pilot program to continue uninterrupted
while the industry gains further experience operating under the Plan,
and avoid any investor confusion that could result from a temporary
interruption in the pilot program. For this reason, the Commission
designates the proposed rule change to be operative upon filing.\9\
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\9\ For purposes only of waiving the 30-day operative delay, the
Commission has also 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 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-BOX-2015-13 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-BOX-2015-13. 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 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-BOX-2015-13, and should be
submitted on or before March 18, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03814 Filed 2-24-15; 8:45 am]
BILLING CODE 8011-01-P