Federal Register / Vol. 76, No. 158 / Tuesday, August 16, 2011 / Notices 50795 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3Securities Exchange Act Release No. 64236 

(April 7, 2011), 76 FR 20739 (April 13, 2011) (SR– 

BYX–2011–006). 

4Securities Exchange Act Release No. 63097 

(October 13, 2010), 75 FR 64767 (October 20, 2010) 

(SR–BYX–2010–002). 

5 Id. 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 

19b–4(f)(6)(iii) requires that a self- regulatory 

organization submit to the Commission written 

notice of its intent to file the proposed rule change, 

along with a brief description and text of the 

proposed rule change, at least five business days 

prior to the filing of the proposed rule change, or 

such shorter time as designated by the Commission. 

The Commission notes that the Exchange has 

satisfied this requirement. 

10For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–65077; File No. SR–BYX– 

2011–017] 

Self-Regulatory Organizations; BATS 

Y–Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Extend Pilot Program 

Related to Clearly Erroneous 

Execution Reviews 

August 9, 2011. 

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 August 8, 

2011, BATS Y–Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘BYX’’) 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 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 is filing with the 

Commission a proposal to extend a pilot 

program related to Rule 11.17, entitled 

‘‘Clearly Erroneous Executions.’’ 

The text of the proposed rule change 

is available at the Exchange’s Web site 

at http://www.batstrading.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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this filing is to extend 

the effectiveness of the Exchange’s 

current rule applicable to Clearly 

Erroneous Executions, Rule 11.17. The 

rule, explained in further detail below, 

is currently operating as a pilot program 

set to expire on the earlier of August 11, 

2011 or the date on which a limit up/ 

limit down mechanism to address 

extraordinary market volatility, if 

adopted, applies.3 The Exchange 

proposes to extend the pilot program to 

January 31, 2012. 

On October 4, 2010, the Exchange 

filed an immediately effective filing to 

adopt various rule changes to bring BYX 

Rules up to date with the changes that 

had been made to the rules of BATS 

Exchange, Inc., the Exchange’s affiliate, 

while BYX’s Form 1 Application to 

register as a national security exchange 

was pending approval. Such changes 

included changes to the Exchange’s 

Rule 11.17, on a pilot basis, to provide 

for uniform treatment: (1) Of clearly 

erroneous execution reviews in multistock events involving twenty or more 

securities; and (2) in the event 

transactions occur that result in the 

issuance of an individual stock trading 

pause by the primary market and 

subsequent transactions that occur 

before the trading pause is in effect on 

the Exchange.4 The Exchange also 

adopted additional changes to Rule 

11.17 that reduced the ability of the 

Exchange to deviate from the objective 

standards set forth in Rule 11.17.5 The 

Exchange believes the benefits to market 

participants from the more objective 

clearly erroneous executions rule 

should be approved to continue on a 

pilot basis. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with the 

requirements of the Act and the rules 

and regulations thereunder that are 

applicable to a national securities 

exchange, and, in particular, with the 

requirements of Section 6(b) of the Act.6

In particular, the proposal is consistent 

with Section 6(b)(5) of the Act,7 because 

it would 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. The 

Exchange believes that the pilot 

program promotes just and equitable 

principles of trade in that it promotes 

transparency and uniformity across 

markets concerning review of 

transactions as clearly erroneous. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change imposes any 

burden on competition. 

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 written comments on the 

proposed rule change. 

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) of the Act 8 and Rule 19b– 

4(f)(6)(iii) thereunder.9 The Exchange 

has asked the Commission to waive the 

30-day operative delay so that the 

proposal may become operative 

immediately upon filing. The 

Commission believes that waiving the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest because such waiver will 

allow the pilot program to continue 

uninterrupted and help ensure 

uniformity among the national 

securities exchanges and FINRA with 

respect to the treatment of clearly 

erroneous transactions.10 Accordingly, 

the Commission waives the 30-day 

operative delay requirement and 

designates the proposed rule change as 

operative upon filing with the 

Commission. 

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 


emcdonald on DSK2BSOYB1PROD with NOTICES
50796 Federal Register / Vol. 76, No. 158 / Tuesday, August 16, 2011 / Notices 

11 17 CFR 200.30–3(a)(12). 1 15 U.S.C.78s(b)(1). 

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4The exercise limits on SPY options set forth in 

FINRA Rule 2360(b)(4), which is not amended by 

this filing, but which incorporate by reference 

options position limits, would correspondingly 

increase to 900,000 contracts. 

5See Securities Exchange Act Release No. 64695 

(June 17, 2011) 76 FR 36942 (June 23, 2011) (SEC 

order approving File No. SR–Phlx–2011–58); 

Securities Exchange Act Release No. 64760 (June 

28, 2011) 76 FR 39143 (July 5, 2011) (Notice of 

Filing and Immediate Effectiveness of File No. SR– 

ISE–2011–34); Securities Exchange Act Release No. 

64928 (July 20, 2011) (File No. SR–CBOE–2011– 

065); Securities Exchange Act Release No. 64966 

(July 26, 2011) (File No. SR–NYSEAmex–2011–50); 

and Securities Exchange Act Release No. 64945 

(July 21, 2011) (File No. SR–NYSEArca–2011–47). 

6For example, options on SPYs, the most actively 

traded options in the U.S. in terms of volume, 

traded a total of 33,341,698 contracts across all 

exchanges from March 1, 2011 through March 16, 

2011. In contrast, over the same time period options 

on the QQQ traded a total of 8,730,718 contracts 

(less than 26.2% of the volume of options on SPYs). 

In addition, for 2010, options on SPY had an 

average daily trading volume of 3.63 million 

contracts, while options on QQQs had an average 

daily trading volume of 963,502. See supra note 5 

PHLX rule filing, at 36942. 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–BYX–2011–017 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–BYX–2011–017. This file 

number should be included on the 

subject line if e-mail 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 website (http://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 website 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 

a.m. and 3 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 

publicly available. All submissions 

should refer to File Number SR–BYX– 

2011–017 and should be submitted on 

or before September 6, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–20711 Filed 8–15–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–65086; File No. SR–FINRA– 

2011–036] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Increase the Position 

Limit for Options on the Standard and 

Poor’s Depositary Receipts Trust 

August 10, 2011. 

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 July 29, 

2011, the Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) 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 FINRA. FINRA has 

designated the proposed rule change as 

constituting a ‘‘non-controversial’’ rule 

change under paragraph (f)(6) of Rule 

19b-4 under the Act,3 which renders the 

proposal effective upon receipt of this 

filing by the Commission. 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 

FINRA is proposing to amend FINRA 

Rule 2360 (Options), Supplementary 

Material .03 to increase the position 

limit for options on the Standard and 

Poor’s Depositary Receipts Trust 

(‘‘SPY’’). 

The text of the proposed rule change 

is available on FINRA’s Web site at 

http://www.finra.org, at the principal 

office of FINRA 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, 

FINRA 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. FINRA 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 amend FINRA Rule 2360, 

Supplementary Material .03 to increase 

the position limit applicable to options 

on the Standard and Poor’s Depositary 

Receipts Trust, which trade under the 

symbol SPY, from 300,000 to 900,000 

contracts 4 to conform to a recent rule 

change by other self-regulatory 

organizations 5 as well as [sic] the 

reasons discussed below. 

Currently, SPY options have a 

position limit of only 300,000 contracts 

on the same side of the market while 

Power Shares QQQ Trust, based on the 

Nasdaq 100 Index® (‘‘QQQ’’) options, 

which are comparable to SPY options 

but have lesser volume,6 have a position 

limit of 900,000 contracts on the same 

side of the market. Given the high 

volume and continuous demand for 

trading SPY options, FINRA believes 

that the current position limit of 

300,000 contracts is inadequate, and 

that such options should, like options 

on QQQ, have a position limit of 

900,000 contracts. 

The position limit on SPY options has 

remained flat for more than five years, 


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