Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter V, Regulation of Trading on NOM, To Extend the Pilot Program Under Section 3(d)(iv), 10551-10553 [2015-03959]
Download as PDF
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015–03958 Filed 2–25–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74341; File No. SR–ICC–
2014–24]
methodology. In order to provide the
Commission with sufficient time to
consider the proposed rule change, the
Commission finds it is appropriate to
designate a longer period within which
to take action on the proposed rule
change.
Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,5
designates April 9, 2015, as the date by
which the Commission should either
approve or disapprove, or institute
proceedings to determine whether to
disapprove, the proposed rule change
(File No. SR–ICC–2014–24).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Jill M. Peterson,
Assistant Secretary.
February 20, 2015.
rmajette on DSK2VPTVN1PROD with NOTICES
Self-Regulatory Organizations; ICE
Clear Credit, LLC; Notice of
Designation of Longer Period for
Commission Action on Proposed Rule
Change To Revise the ICC Risk
Management Framework
[FR Doc. 2015–03964 Filed 2–25–15; 8:45 am]
On December 22, 2014, ICE Clear
Credit LLC (‘‘ICC’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
make revisions to the ICC Risk
Management Framework (SR–ICC–
2014–24). The proposed rule change
was published for comment in the
Federal Register on January 9, 2015.3 To
date, the Commission has not received
comments on the proposal.
Section 19(b)(2) of the Act 4 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day from the
publication of notice of filing of this
proposed rule change is February 23,
2015. The Commission is extending this
45-day time period.
ICC’s proposed rule change would
revise the ICC Risk Management
Framework to, among other things,
incorporate risk model changes related
to Recovery Rate Sensitivity
Requirements, anti-procyclicality, and
ICC’s Guaranty Fund allocation
BILLING CODE 8011–01–P
15 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Securities Exchange Act Release No. 34–73980
(Jan. 5, 2015), 80 FR 1466 (Jan. 9, 2015) (SR–ICC–
2014–24).
4 15 U.S.C. 78s(b)(2).
1 15
VerDate Sep<11>2014
15:27 Feb 25, 2015
Jkt 235001
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74336; File No. SR–
NASDAQ–2015–016]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Chapter V, Regulation of Trading on
NOM, To Extend the Pilot Program
Under Section 3(d)(iv)
February 20, 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
19, 2015, The NASDAQ Stock Market
LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I 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 amend
Chapter V, Regulation of Trading on
NOM, to extend the pilot program under
Section 3(d)(iv), which provides for how
the Exchange treats obvious and
catastrophic options errors in response
to the Plan to Address Extraordinary
5 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(31).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
6 17
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
10551
Market Volatility Pursuant to Rule 608
of Regulation NMS under the Act (the
‘‘Limit Up-Limit Down Plan’’ or the
‘‘Plan’’).3 The Exchange proposes to
extend the pilot period until October 23,
2015.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaq.cchwallstreet.com, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
In April 2013, the Commission
approved a proposal, on a one year pilot
basis, to adopt Chapter V, Section
3(d)(iv) to provide for how the Exchange
will treat obvious and catastrophic
options errors in response to the Plan,
which is applicable to all NMS stocks,
as defined in Regulation NMS Rule
600(b)(47).4 The Plan is designed to
prevent trades in individual NMS stocks
from occurring outside of specified
Price Bands.5 The requirements of the
Plan are coupled with Trading Pauses to
accommodate more fundamental price
moves (as opposed to erroneous trades
or momentary gaps in liquidity).
The Exchange extended the operation
of Chapter V, Section 3(d)(iv), which
provides that trades are not subject to an
obvious error or catastrophic error
review pursuant to Chapter V, Sections
6(b) or 6(f) during a Limit State or
3 Securities Exchange Act Release No. 69341
(April 8, 2013), 78 FR 21996 (April 12, 2013) (SR–
NASDAQ–2013–048).
4 The Plan was extended until February 20, 2015.
The Plan was initially approved for a one-year pilot
period, which began on April 8, 2013. Securities
Exchange Act Release No. 71649 (March 5, 2014),
79 FR 13696 (March 11, 2014).
5 Unless otherwise specified, capitalized terms
used in this rule filing are based on the defined
terms of the Plan.
E:\FR\FM\26FEN1.SGM
26FEN1
rmajette on DSK2VPTVN1PROD with NOTICES
10552
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices
Straddle State in 2014.6 The Exchange
now proposes to extend the pilot
program for an additional pilot period
ending October 23, 2015. The Exchange
believes conducting an obvious error or
catastrophic error review is
impracticable given the lack of a reliable
National Best Bid/Offer (‘‘NBBO’’) in the
options market during Limit States and
Straddle States, and that the resulting
actions (i.e., nullified trades or adjusted
prices) may not be appropriate given
market conditions. Under the pilot,
limit orders that are filled during a
Limit State or Straddle State have
certainty of execution in a manner that
promotes just and equitable principles
of trade, and removes impediments to,
and perfects the mechanism of a free
and open market and a national market
system. Moreover, given that options
prices during brief Limit States or
Straddle States may deviate
substantially from those available
shortly following the Limit State or
Straddle State, the Exchange believes
giving market participants time to reevaluate a transaction would create an
unreasonable adverse selection
opportunity that would discourage
participants from providing liquidity
during Limit States or Straddle States.
On balance, the Exchange believes that
removing the potential inequity of
nullifying or adjusting executions
occurring during Limit States or
Straddle States outweighs any potential
benefits from applying those provisions
during such unusual market conditions.
The Exchange believes the benefits to
market participants from the pilot
program should continue on a pilot
basis to coincide with the operation of
the Limit Up-Limit Down Plan. The
Exchange believes that continuing the
pilot will protect against any
unanticipated consequences and permit
the industry to gain further experience
operating the Plan.
The Exchange will conduct an
analysis concerning the elimination of
obvious and catastrophic error
provisions during Limit States and
Straddle States and agrees to provide
the Commission with relevant data to
assess the impact of this proposed rule
change. As part of its analysis, the
Exchange will: (1) Evaluate the options
market quality during Limit States and
Straddle States; (2) assess the character
of incoming order flow and transactions
during Limit States and Straddle States;
and (3) review any complaints from
members and their customers
concerning executions during Limit
6 Securities Exchange Act Release No. 71902
(April 8, 2014), 79 FR 20946 (April 14, 2014) (SR–
NASDAQ–2014–033).
VerDate Sep<11>2014
15:27 Feb 25, 2015
Jkt 235001
States and Straddle States. Additionally,
the Exchange agrees to provide to the
Commission data requested to evaluate
the impact of the elimination of the
obvious and catastrophic error
provisions, including data relevant to
assessing the various analyses noted
above. By May 29, 2015, the Exchange
shall provide to the Commission and the
public assessments relating to the
impact of the operation of the obvious
error rules during Limit and Straddle
States as follows: 7
1. Evaluate the statistical and
economic impact of Limit and Straddle
States on liquidity and market quality in
the options markets.
2. Assess whether the lack of obvious
error rules in effect during the Straddle
and Limit States are problematic.
Each month the Exchange shall
provide to the Commission and the
public a dataset containing the data for
each Straddle and Limit State in
optionable stocks that had at least one
trade on the Exchange during a Straddle
or Limit State. For each of those options
affected, each data record should
contain the following information:
• 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:
• Executed volume, time-weighted
quoted bid-ask spread, time-weighted
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 and Limit States,
• an indicator variable for whether
those options outlined above have a
price change exceeding 30% during the
underlying stock’s Limit or Straddle
State compared to the last available
option price as reported by OPRA before
the start of the Limit or Straddle State
(1 if observe 30% and 0 otherwise).
Another indicator variable for whether
the option price within five minutes of
the underlying stock leaving the Limit
or Straddle State (or halt if applicable)
is 30% away from the price before the
start of the Limit or Straddle State.8
7 The Exchange submitted a pilot report on
September 30, 2014.
8 The Exchange agreed to provide similar data in
the original proposal. See Securities Exchange Act
Release No. 69341 (April 8, 2013), 78 FR 21996
(April 12, 2013) (SR–NASDAQ–2013–048) at notes
4 and 11. However, that data included two
additional filters pertaining to the top 10 options
and an in-the-money amount, which no longer
apply. The Exchange provided historical data in the
new form pursuant to this proposed rule change,
going back to the beginning of the original pilot
period.
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the
provisions of Section 6 of the Act,9 in
general, and with Section 6(b)(5) of the
Act,10 in particular, which requires that
the rules of an exchange be designed to
promote just and equitable principles of
trade, remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and protect investors and the
public interest, because it should
continue to provide certainty about how
errors involving options orders and
trades will be handled during periods of
extraordinary volatility in the
underlying security. 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 certain aspects of
Chapter V, Section 6.
Although the Limit Up-Limit Down
Plan is operational, the Exchange
believes that maintaining the pilot will
help the industry gain further
experience operating the Plan as well as
the pilot provisions.
Based on the foregoing, the Exchange
believes the benefits to market
participants should continue on a pilot
basis to coincide with the operation of
the Limit Up-Limit Down Plan.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
Specifically, the proposal does not
impose an intra-market burden on
competition, because it will apply to all
members. Nor will the proposal impose
a burden on competition among the
options exchanges, because, in addition
to the vigorous competition for order
flow among the options exchanges, the
proposal addresses a regulatory
situation common to all options
exchanges. To the extent that market
participants disagree with the particular
approach taken by the Exchange herein,
market participants can easily and
readily direct order flow to competing
venues. The Exchange believes this
proposal will not impose a burden on
competition and will help provide
certainty during periods of
extraordinary volatility in an NMS
stock.
9 15
U.S.C. 78f.
U.S.C. 78f(b)(5).
10 15
E:\FR\FM\26FEN1.SGM
26FEN1
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices
IV. Solicitation of Comments
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the 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.
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).
rmajette on DSK2VPTVN1PROD with NOTICES
12 17
VerDate Sep<11>2014
15:27 Feb 25, 2015
Jkt 235001
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015–03959 Filed 2–25–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
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–
NASDAQ–2015–016 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2015–016. 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–
NASDAQ–2015–016, and should be
submitted on or before March 19, 2015.
PO 00000
[Release No. 34–74343; File No. SR–BX–
2015–011]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Amend the
Fee Schedule Under Exchange Rule
7018(a) With Respect to Transactions
in Securities Priced at $1 or More per
Share
February 20, 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, II, and
III, below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
fee schedule under Exchange Rule
7018(a) with respect to transactions in
securities priced at $1 or more per
share.
The text of the proposed rule change
is also 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
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
Frm 00099
Fmt 4703
10553
Sfmt 4703
E:\FR\FM\26FEN1.SGM
26FEN1
Agencies
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10551-10553]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03959]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74336; File No. SR-NASDAQ-2015-016]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Chapter V, Regulation of Trading on NOM, To Extend the Pilot
Program Under Section 3(d)(iv)
February 20, 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 19, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I 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.
---------------------------------------------------------------------------
\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 Chapter V, Regulation of Trading on
NOM, to extend the pilot program under Section 3(d)(iv), which provides
for how the Exchange treats obvious and catastrophic options errors in
response to the Plan to Address Extraordinary Market Volatility
Pursuant to Rule 608 of Regulation NMS under the Act (the ``Limit Up-
Limit Down Plan'' or the ``Plan'').\3\ The Exchange proposes to extend
the pilot period until October 23, 2015.
---------------------------------------------------------------------------
\3\ Securities Exchange Act Release No. 69341 (April 8, 2013),
78 FR 21996 (April 12, 2013) (SR-NASDAQ-2013-048).
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
In April 2013, the Commission approved a proposal, on a one year
pilot basis, to adopt Chapter V, Section 3(d)(iv) to provide for how
the Exchange will treat obvious and catastrophic options errors in
response to the Plan, which is applicable to all NMS stocks, as defined
in Regulation NMS Rule 600(b)(47).\4\ The Plan is designed to prevent
trades in individual NMS stocks from occurring outside of specified
Price Bands.\5\ The requirements of the Plan are coupled with Trading
Pauses to accommodate more fundamental price moves (as opposed to
erroneous trades or momentary gaps in liquidity).
---------------------------------------------------------------------------
\4\ The Plan was extended until February 20, 2015. The Plan was
initially approved for a one-year pilot period, which began on April
8, 2013. Securities Exchange Act Release No. 71649 (March 5, 2014),
79 FR 13696 (March 11, 2014).
\5\ Unless otherwise specified, capitalized terms used in this
rule filing are based on the defined terms of the Plan.
---------------------------------------------------------------------------
The Exchange extended the operation of Chapter V, Section 3(d)(iv),
which provides that trades are not subject to an obvious error or
catastrophic error review pursuant to Chapter V, Sections 6(b) or 6(f)
during a Limit State or
[[Page 10552]]
Straddle State in 2014.\6\ The Exchange now proposes to extend the
pilot program for an additional pilot period ending October 23, 2015.
The Exchange believes conducting an obvious error or catastrophic error
review is impracticable given the lack of a reliable National Best Bid/
Offer (``NBBO'') in the options market during Limit States and Straddle
States, and that the resulting actions (i.e., nullified trades or
adjusted prices) may not be appropriate given market conditions. Under
the pilot, limit orders that are filled during a Limit State or
Straddle State have certainty of execution in a manner that promotes
just and equitable principles of trade, and removes impediments to, and
perfects the mechanism of a free and open market and a national market
system. Moreover, given that options prices during brief Limit States
or Straddle States may deviate substantially from those available
shortly following the Limit State or Straddle State, the Exchange
believes giving market participants time to re-evaluate a transaction
would create an unreasonable adverse selection opportunity that would
discourage participants from providing liquidity during Limit States or
Straddle States. On balance, the Exchange believes that removing the
potential inequity of nullifying or adjusting executions occurring
during Limit States or Straddle States outweighs any potential benefits
from applying those provisions during such unusual market conditions.
---------------------------------------------------------------------------
\6\ Securities Exchange Act Release No. 71902 (April 8, 2014),
79 FR 20946 (April 14, 2014) (SR-NASDAQ-2014-033).
---------------------------------------------------------------------------
The Exchange believes the benefits to market participants from the
pilot program should continue on a pilot basis to coincide with the
operation of the Limit Up-Limit Down Plan. The Exchange believes that
continuing the pilot will protect against any unanticipated
consequences and permit the industry to gain further experience
operating the Plan.
The Exchange will conduct an analysis concerning the elimination of
obvious and catastrophic error provisions during Limit States and
Straddle States and agrees to provide the Commission with relevant data
to assess the impact of this proposed rule change. As part of its
analysis, the Exchange will: (1) Evaluate the options market quality
during Limit States and Straddle States; (2) assess the character of
incoming order flow and transactions during Limit States and Straddle
States; and (3) review any complaints from members and their customers
concerning executions during Limit States and Straddle States.
Additionally, the Exchange agrees to provide to the Commission data
requested to evaluate the impact of the elimination of the obvious and
catastrophic error provisions, including data relevant to assessing the
various analyses noted above. By May 29, 2015, the Exchange shall
provide to the Commission and the public assessments relating to the
impact of the operation of the obvious error rules during Limit and
Straddle States as follows: \7\
---------------------------------------------------------------------------
\7\ The Exchange submitted a pilot report on September 30, 2014.
---------------------------------------------------------------------------
1. Evaluate the statistical and economic impact of Limit and
Straddle States on liquidity and market quality in the options markets.
2. Assess whether the lack of obvious error rules in effect during
the Straddle and Limit States are problematic.
Each month the Exchange shall provide to the Commission and the
public a dataset containing the data for each Straddle and Limit State
in optionable stocks that had at least one trade on the Exchange during
a Straddle or Limit State. For each of those options affected, each
data record should contain the following information:
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:
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 and Limit States,
an indicator variable for whether those options outlined
above have a price change exceeding 30% during the underlying stock's
Limit or Straddle State compared to the last available option price as
reported by OPRA before the start of the Limit or Straddle State (1 if
observe 30% and 0 otherwise). Another indicator variable for whether
the option price within five minutes of the underlying stock leaving
the Limit or Straddle State (or halt if applicable) is 30% away from
the price before the start of the Limit or Straddle State.\8\
---------------------------------------------------------------------------
\8\ The Exchange agreed to provide similar data in the original
proposal. See Securities Exchange Act Release No. 69341 (April 8,
2013), 78 FR 21996 (April 12, 2013) (SR-NASDAQ-2013-048) at notes 4
and 11. However, that data included two additional filters
pertaining to the top 10 options and an in-the-money amount, which
no longer apply. The Exchange provided historical data in the new
form pursuant to this proposed rule change, going back to the
beginning of the original pilot period.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the provisions of Section 6 of the Act,\9\ in general, and with Section
6(b)(5) of the Act,\10\ in particular, which requires that the rules of
an exchange be designed to promote just and equitable principles of
trade, remove impediments to and perfect the mechanism of a free and
open market and a national market system, and protect investors and the
public interest, because it should continue to provide certainty about
how errors involving options orders and trades will be handled during
periods of extraordinary volatility in the underlying security. 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
certain aspects of Chapter V, Section 6.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78f.
\10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
Although the Limit Up-Limit Down Plan is operational, the Exchange
believes that maintaining the pilot will help the industry gain further
experience operating the Plan as well as the pilot provisions.
Based on the foregoing, the Exchange believes the benefits to
market participants should continue on a pilot basis to coincide with
the operation of the Limit Up-Limit Down Plan.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Specifically, the proposal does not impose an intra-market burden on
competition, because it will apply to all members. Nor will the
proposal impose a burden on competition among the options exchanges,
because, in addition to the vigorous competition for order flow among
the options exchanges, the proposal addresses a regulatory situation
common to all options exchanges. To the extent that market participants
disagree with the particular approach taken by the Exchange herein,
market participants can easily and readily direct order flow to
competing venues. The Exchange believes this proposal will not impose a
burden on competition and will help provide certainty during periods of
extraordinary volatility in an NMS stock.
[[Page 10553]]
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the 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\
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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-NASDAQ-2015-016 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2015-016. 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-NASDAQ-2015-016, and should
be submitted on or before March 19, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-03959 Filed 2-25-15; 8:45 am]
BILLING CODE 8011-01-P