Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Verifiable Disruption or Malfunction of Exchange Systems, 50885-50887 [2015-20657]
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Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices
professional qualification tests for its
broker-dealer members (which include
municipal securities brokers and
dealers) and other securities
professionals.14 These qualification tests
cover a broad range of subjects on the
markets, the securities industry and its
regulatory structure, including
knowledge of FINRA rules and the rules
of other self-regulatory organizations,
such as the MSRB.15
IT IS THEREFORE ORDERED,
pursuant to Exchange Act Section
15B(c)(7)(A), that FINRA is designated
to administer professional qualification
tests for associated persons of registered
municipal advisors who engage in
municipal advisory activities or engage
in the management, direction or
supervision of municipal advisory
activities.
By the Commission.
Dated: August 17, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–20652 Filed 8–20–15; 8:45 am]
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BILLING CODE 8011–01–P
14 See id. These professional qualification tests
are Series 3 (National Commodities Futures Exam);
Series 4 (Registered Options Principal); Series 6
(Investment Company and Variable Contracts
Products Representative); Series 7 (General
Securities Representative Examination); Series 9
and 10 (General Securities Sales Supervisor); Series
11 (Assistant Representative—Order Processing
Exam); Series 14 (Compliance Official Exam); Series
16 (Supervisory Analysts Exam); Series 17 (United
Kingdom Securities Representative); Series 22
(Direct Participation Representative); Series 23
(General Securities Principal Exam—Sales
Supervisor Module); Series 24 (General Securities
Principal); Series 26 (Investment Company and
Variable Contracts Products Principal); Series 27
(Financial and Operations Principal Exam); Series
28 (Introducing Broker-Dealer Financial and
Operations Principal Exam); Series 30 (NFA Branch
Managers Exam); Series 31 (Futures Managed Funds
Exam); Series 32 (Limited Futures Exam—
Regulations); Series 34 (Retail Off-Exchange Forex
Exam); Series 37 (Canada Securities Representative
Exam); Series 38 (Canada Securities Representative
Exam); Series 39 (Direct Participation Programs
Principal Exam); Series 42 (Registered Options
Representative); Series 55 (Equity Trader Exam);
Series 56 (Proprietary Trader Examination); Series
62 (Corporate Securities Representative Exam);
Series 63 (Uniform Securities State Law
Examination); Series 65 (NASAA Investment
Advisors Law Examination); Series 66 (NASAA
Uniform Combined State Law Examination); Series
72 (Government Securities Representative Exam);
Series 79 (Investment Banking Representative
Exam); Series 82 (Private Securities Offerings
Representative Exam); Series 86 and 87 (Research
Analyst Exam); Series 91 (FDIC Safety and
Soundness Technical Evaluation); Series 92 (FDIC
Compliance Technical Evaluation); Series 93 (FDIC
Division of Resolutions and Receiverships
Technical Evaluation); and Series 99 (Operations
Professional Exam).
15 Id.
VerDate Sep<11>2014
15:07 Aug 20, 2015
Jkt 235001
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75716; File No. SR–BX–
2015–052)
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change Relating to
Verifiable Disruption or Malfunction of
Exchange Systems
August 17, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 2 thereunder,
notice is hereby given that on August
13, 2015, NASDAQ OMX BX, Inc.
(‘‘Exchange’’ or ‘‘BX’’) 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
BX is filing with the Commission a
proposal to amend Chapter V, Section 6
(Nullification and Adjustment of
Options Transactions including Obvious
Errors) of the rules of the BX Options
Market (‘‘BX Options’’) related to a
verifiable disruption or malfunction of
Exchange systems.
The text of the amended Exchange
rule is set forth immediately below.
Proposed new language is italicized
and proposed deleted language is
[bracketed].
NASDAQ OMX BX Rules
Options Rules
*
*
*
*
*
Chapter V Regulation of Trading on
BX Options
*
*
*
*
*
Sec. 6 Nullification and Adjustment of
Options Transactions Including
Obvious Errors
The Exchange may nullify a
transaction or adjust the execution price
of a transaction in accordance with this
Rule. However, the determination as to
whether a trade was executed at an
erroneous price may be made by mutual
agreement of the affected parties to a
particular transaction. A trade may be
nullified or adjusted on the terms that
all parties to a particular transaction
1 15
2 17
PO 00000
Fmt 4703
agree, provided, however, that such
agreement to nullify or adjust must be
conveyed to the Exchange in a manner
prescribed by the Exchange prior to 8:30
a.m. Eastern Time on the first trading
day following the execution. It is
considered conduct inconsistent with
just and equitable principles of trade for
any Participant to use the mutual
adjustment process to circumvent any
applicable Exchange rule, the Act or any
of the rules and regulations thereunder.
(a)–(j) No Change.
(k) Verifiable Disruption or
Malfunction of Exchange Systems.
Parties to a trade may have a trade
nullified or its price adjusted if it
resulted from a verifiable disruption or
malfunction of Exchange execution,
dissemination, or communication
systems that caused a quote/order to
trade in excess of its disseminated size
(e.g. a quote/order that is frozen,
because of an Exchange system error,
and repeatedly traded). Parties to a
trade may have a trade nullified or its
price adjusted if it resulted from a
verifiable disruption or malfunction of
an Exchange dissemination or
communication system that prevented a
member from updating or canceling a
quote/order for which the member is
responsible where there is Exchange
documentation providing that the
member sought to update or cancel the
quote/order.
([k]l) Appeals. A party to a transaction
affected by a decision made under this
section may appeal that decision to the
Exchange Review Council. An appeal
must be made in writing, and must be
received by BX within thirty (30)
minutes after the person making the
appeal is given the notification of the
determination being appealed. The
Exchange Review Council may review
any decision appealed, including
whether a complaint was timely,
whether an Obvious Error or
Catastrophic Error occurred, whether
the correct Theoretical Price was used,
and whether an adjustment was made at
the correct price.
*
*
*
*
*
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
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00067
50885
Sfmt 4703
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50886
Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices
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.
rmajette on DSK7SPTVN1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange is seeking to amend its
rules related to obvious errors.
Specifically, the Exchange is seeking to
amend Chapter V, Section 6
(Nullification and Adjustment of
Options Transactions including Obvious
Errors) of the rules of BX Options
related to a verifiable disruption or
malfunction of Exchange systems.
Similar to NASDAQ OMX PHLX LLC
(‘‘Phlx’’) Rule 1092(k), proposed BX
Options Chapter V, Section 6(k) would
indicate that parties to a trade may have
a trade nullified or its price adjusted if
it resulted from a verifiable disruption
or malfunction of Exchange execution,
dissemination, or communication
systems that caused a quote/order to
trade in excess of its disseminated size
(e.g., a quote/order that is frozen,
because of an Exchange system error,
and repeatedly traded).3 Parties to a
trade may have a trade nullified or its
price adjusted if it resulted from a
verifiable disruption or malfunction of
an Exchange dissemination or
communication system that prevented a
member from updating or canceling a
quote/order for which the member is
responsible where there is Exchange
documentation providing that the
member sought to update or cancel the
quote/order. The Exchange notes that
the proposed BX Options Chapter V,
Section 6(k) language is identical to that
of Phlx Rule 1092(k). Per BX Options
Chapter V, Section 6, transactions that
qualify for price adjustment will be
adjusted to Theoretical Price, as defined
in paragraph (b) of Section 6.
The Exchange believes that it is
appropriate to provide the flexibility
and authority provided for in the
proposed rule so as not to limit the
Exchange’s ability to plan for and
respond to unforeseen systems problems
or malfunctions. The proposed rule
change would provide the Exchange
with the same authority that Phlx and
other exchanges have to nullify or adjust
3 There is no reference to open outcry as BX
Options is all-electronic.
VerDate Sep<11>2014
15:07 Aug 20, 2015
Jkt 235001
trades in the event of a ‘‘verifiable
disruption or malfunction’’ in the use or
operation of its systems. 4 For this
reason, the Exchange believes that, in
the interest of maintaining a fair and
orderly market and for the protection of
investors, authority to nullify or adjust
trades in these circumstances,
consistent with the authority on other
exchanges, is warranted.
By way of housekeeping, the
Exchange proposes to renumber current
Section 6(k) of BX Options Chapter V to
Section 6(l). There are no other changes
to Section 6(l), which deals with
appeals regarding decisions pursuant to
BX Options Chapter V, Section 6.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the Act
and the rules and regulations
thereunder applicable to the Exchange
and, in particular, the requirements of
Section 6(b) of the Act.5 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 6 requirements that the rules of
an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, 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.
Additionally, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) requirement that the
rules of an exchange not be designed to
permit unfair discrimination between
customers, issuers, brokers, or dealers.
In particular, the Exchange believes
that the proposed rule change would
remove impediments to and perfect the
mechanism of a free and open market
and national market system and
promote a fair and orderly market
because it would provide authority for
the Exchange to nullify or adjust trades
that may have resulted from a verifiable
systems disruption or malfunction. The
Exchange believes that it is appropriate
to provide the flexibility and authority
provided for in the proposed rule so as
not to limit the Exchange’s ability to
plan for and respond to unforeseen
systems problems or malfunctions that
4 See, e.g., Phlx Rule 1092(k), Chicago Board
Options Exchange (‘‘CBOE’’) Rule 6.25.05, CBOE C2
(‘‘C2’’) Rule 6.15.06, and NYSE Arca, Inc. (‘‘Arca’’)
Rule 6.89.
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
may result in harm to the public.
Allowing for the nullification or
modification of transactions that result
from verifiable disruptions and/or
malfunctions of the Exchange’s systems
will offer market participants on BX
Options a level of relief presently not
available. The Exchange notes that the
proposed rule change is the same as the
equivalent Phlx rule and substantially
similar to the equivalent CBOE, C2, and
Arca rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. To the
contrary, the Exchange believes that the
proposed rule change is pro-competitive
because it will align the BX Option rules
with the rules of other markets,
including Phlx, CBOE, C2, and Arca. By
adopting the proposed rule, the
Exchange will be in a position to treat
transactions that are a result of a
verifiable systems issue or malfunction
in a manner similar to other exchanges.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) 7 of the Act and
subparagraph (f)(6) of Rule 19b–4
thereunder.8
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) otherwise in
furtherance of the purposes of the Act.
If the Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
7 15
8 17
E:\FR\FM\21AUN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
21AUN1
Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices
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:
• 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–
BX–2015–052 on the subject line.
rmajette on DSK7SPTVN1PROD with NOTICES
• 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–BX–2015–052. 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–BX–
2015–052, and should be submitted on
or before September 11, 2015.
CFR 200.30–3(a)(12).
15:07 Aug 20, 2015
BILLING CODE 8011–01–P
[Investment Company Act Release No.
31764; File No. 812–14424]
Amplify Investments LLC and Amplify
ETF Trust; Notice of Application
August 17, 2015.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application for an
order under section 6(c) of the
Investment Company Act of 1940 (the
‘‘Act’’) for an exemption from sections
2(a)(32), 5(a)(1), 22(d), and 22(e) of the
Act and rule 22c–1 under the Act, under
sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and
17(a)(2) of the Act, and under section
12(d)(1)(J) for an exemption from
sections 12(d)(1)(A) and 12(d)(1)(B) of
the Act.
AGENCY:
Paper Comments
VerDate Sep<11>2014
[FR Doc. 2015–20657 Filed 8–20–15; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
9 17
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Robert W. Errett,
Deputy Secretary.
Jkt 235001
Summary of Application: Applicants
request an order that would permit (a)
series of certain open-end management
investment companies to issue shares
(‘‘Shares’’) redeemable in large
aggregations only (‘‘Creation Units’’); (b)
secondary market transactions in Shares
to occur at negotiated market prices
rather than at net asset value (‘‘NAV’’);
(c) certain series to pay redemption
proceeds, under certain circumstances,
more than seven days after the tender of
Shares for redemption; (d) certain
affiliated persons of the series to deposit
securities into, and receive securities
from, the series in connection with the
purchase and redemption of Creation
Units; and (e) certain registered
management investment companies and
unit investment trusts outside of the
same group of investment companies as
the Underlying Funds (defined below)
to acquire shares of the Underlying
Funds.
Applicants: Amplify ETF Trust (the
‘‘Trust’’) and Amplify Investments LLC
(the ‘‘Initial Adviser’’).
Filing Dates: The application was
filed on February 20, 2015, and
amended on June 30, 2015.
Hearing or Notification of Hearing: An
order granting the requested relief will
be issued unless the Commission orders
a hearing. Interested persons may
request a hearing by writing to the
Commission’s Secretary and serving
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
50887
applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on September 11, 2015,
and should be accompanied by proof of
service on applicants, in the form of an
affidavit or, for lawyers, a certificate of
service. Pursuant to rule 0–5 under the
Act, hearing requests should state the
nature of the writer’s interest, any facts
bearing upon the desirability of a
hearing on the matter, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Commission’s Secretary.
ADDRESSES: Secretary, Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549–1090;
Applicants, 3250 Lacey Road, Suite 130,
Downers Grove, IL 60515, Attn:
Christian Magoon.
FOR FURTHER INFORMATION CONTACT:
Christine Y. Greenlees, Senior Counsel
at (202) 551–6879, or David P. Bartels,
Branch Chief, at (202) 551–6821
(Division of Investment Management,
Chief Counsel’s Office).
SUPPLEMENTARY INFORMATION: The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
Web site by searching for the file
number, or for an applicant using the
Company name box, at https://
www.sec.gov/search/search.htm or by
calling (202) 551–8090.
Applicants’ Representations
1. The Trust is a business trust
organized under the laws of the
Commonwealth of Massachusetts and is,
or will be prior to the commencement
of operation of the Initial Fund (defined
below), registered under the Act as an
open-end management investment
company with multiple series.
2. The Initial Adviser is registered as
an investment adviser under the
Investment Advisers Act of 1940 (the
‘‘Advisers Act’’) and will be the
investment adviser to the Funds
(defined below). Any other Adviser
(defined below) will also be registered
as an investment adviser under the
Advisers Act. The Adviser may enter
into sub-advisory agreements with one
or more investment advisers to act as
sub-advisers to particular Funds (each,
a ‘‘Sub-Adviser’’). Any Sub-Adviser will
either be registered under the Advisers
Act or will not be required to register
thereunder.
3. The Trust will enter into a
distribution agreement with one or more
distributors (each, a ‘‘Distributor’’). Each
Distributor will be a broker-dealer
(‘‘Broker’’) registered under the
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Agencies
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50885-50887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20657]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-75716; File No. SR-BX-2015-052)
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to Verifiable Disruption or Malfunction of Exchange Systems
August 17, 2015.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on August 13, 2015, NASDAQ OMX BX, Inc. (``Exchange'' or ``BX'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
BX is filing with the Commission a proposal to amend Chapter V,
Section 6 (Nullification and Adjustment of Options Transactions
including Obvious Errors) of the rules of the BX Options Market (``BX
Options'') related to a verifiable disruption or malfunction of
Exchange systems.
The text of the amended Exchange rule is set forth immediately
below.
Proposed new language is italicized and proposed deleted language
is [bracketed].
NASDAQ OMX BX Rules
Options Rules
* * * * *
Chapter V Regulation of Trading on BX Options
* * * * *
Sec. 6 Nullification and Adjustment of Options Transactions Including
Obvious Errors
The Exchange may nullify a transaction or adjust the execution
price of a transaction in accordance with this Rule. However, the
determination as to whether a trade was executed at an erroneous price
may be made by mutual agreement of the affected parties to a particular
transaction. A trade may be nullified or adjusted on the terms that all
parties to a particular transaction agree, provided, however, that such
agreement to nullify or adjust must be conveyed to the Exchange in a
manner prescribed by the Exchange prior to 8:30 a.m. Eastern Time on
the first trading day following the execution. It is considered conduct
inconsistent with just and equitable principles of trade for any
Participant to use the mutual adjustment process to circumvent any
applicable Exchange rule, the Act or any of the rules and regulations
thereunder.
(a)-(j) No Change.
(k) Verifiable Disruption or Malfunction of Exchange Systems.
Parties to a trade may have a trade nullified or its price adjusted if
it resulted from a verifiable disruption or malfunction of Exchange
execution, dissemination, or communication systems that caused a quote/
order to trade in excess of its disseminated size (e.g. a quote/order
that is frozen, because of an Exchange system error, and repeatedly
traded). Parties to a trade may have a trade nullified or its price
adjusted if it resulted from a verifiable disruption or malfunction of
an Exchange dissemination or communication system that prevented a
member from updating or canceling a quote/order for which the member is
responsible where there is Exchange documentation providing that the
member sought to update or cancel the quote/order.
([k]l) Appeals. A party to a transaction affected by a decision
made under this section may appeal that decision to the Exchange Review
Council. An appeal must be made in writing, and must be received by BX
within thirty (30) minutes after the person making the appeal is given
the notification of the determination being appealed. The Exchange
Review Council may review any decision appealed, including whether a
complaint was timely, whether an Obvious Error or Catastrophic Error
occurred, whether the correct Theoretical Price was used, and whether
an adjustment was made at the correct price.
* * * * *
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
[[Page 50886]]
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 Exchange is seeking to amend its rules related to obvious
errors. Specifically, the Exchange is seeking to amend Chapter V,
Section 6 (Nullification and Adjustment of Options Transactions
including Obvious Errors) of the rules of BX Options related to a
verifiable disruption or malfunction of Exchange systems.
Similar to NASDAQ OMX PHLX LLC (``Phlx'') Rule 1092(k), proposed BX
Options Chapter V, Section 6(k) would indicate that parties to a trade
may have a trade nullified or its price adjusted if it resulted from a
verifiable disruption or malfunction of Exchange execution,
dissemination, or communication systems that caused a quote/order to
trade in excess of its disseminated size (e.g., a quote/order that is
frozen, because of an Exchange system error, and repeatedly traded).\3\
Parties to a trade may have a trade nullified or its price adjusted if
it resulted from a verifiable disruption or malfunction of an Exchange
dissemination or communication system that prevented a member from
updating or canceling a quote/order for which the member is responsible
where there is Exchange documentation providing that the member sought
to update or cancel the quote/order. The Exchange notes that the
proposed BX Options Chapter V, Section 6(k) language is identical to
that of Phlx Rule 1092(k). Per BX Options Chapter V, Section 6,
transactions that qualify for price adjustment will be adjusted to
Theoretical Price, as defined in paragraph (b) of Section 6.
---------------------------------------------------------------------------
\3\ There is no reference to open outcry as BX Options is all-
electronic.
---------------------------------------------------------------------------
The Exchange believes that it is appropriate to provide the
flexibility and authority provided for in the proposed rule so as not
to limit the Exchange's ability to plan for and respond to unforeseen
systems problems or malfunctions. The proposed rule change would
provide the Exchange with the same authority that Phlx and other
exchanges have to nullify or adjust trades in the event of a
``verifiable disruption or malfunction'' in the use or operation of its
systems. \4\ For this reason, the Exchange believes that, in the
interest of maintaining a fair and orderly market and for the
protection of investors, authority to nullify or adjust trades in these
circumstances, consistent with the authority on other exchanges, is
warranted.
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\4\ See, e.g., Phlx Rule 1092(k), Chicago Board Options Exchange
(``CBOE'') Rule 6.25.05, CBOE C2 (``C2'') Rule 6.15.06, and NYSE
Arca, Inc. (``Arca'') Rule 6.89.
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By way of housekeeping, the Exchange proposes to renumber current
Section 6(k) of BX Options Chapter V to Section 6(l). There are no
other changes to Section 6(l), which deals with appeals regarding
decisions pursuant to BX Options Chapter V, Section 6.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\5\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \6\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, 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.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) requirement that the rules of an
exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
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In particular, the Exchange believes that the proposed rule change
would remove impediments to and perfect the mechanism of a free and
open market and national market system and promote a fair and orderly
market because it would provide authority for the Exchange to nullify
or adjust trades that may have resulted from a verifiable systems
disruption or malfunction. The Exchange believes that it is appropriate
to provide the flexibility and authority provided for in the proposed
rule so as not to limit the Exchange's ability to plan for and respond
to unforeseen systems problems or malfunctions that may result in harm
to the public. Allowing for the nullification or modification of
transactions that result from verifiable disruptions and/or
malfunctions of the Exchange's systems will offer market participants
on BX Options a level of relief presently not available. The Exchange
notes that the proposed rule change is the same as the equivalent Phlx
rule and substantially similar to the equivalent CBOE, C2, and Arca
rules.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the Exchange
believes that the proposed rule change is pro-competitive because it
will align the BX Option rules with the rules of other markets,
including Phlx, CBOE, C2, and Arca. By adopting the proposed rule, the
Exchange will be in a position to treat transactions that are a result
of a verifiable systems issue or malfunction in a manner similar to
other exchanges.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) \7\ of the Act and
subparagraph (f)(6) of Rule 19b-4 thereunder.\8\
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\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6).
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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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
[[Page 50887]]
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-BX-2015-052 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-BX-2015-052. 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-BX-2015-052, and should be
submitted on or before September 11, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-20657 Filed 8-20-15; 8:45 am]
BILLING CODE 8011-01-P