73130 Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 72170 

(May 15, 2014), 79 FR 29231. 

4See Securities Exchange Act Release No. 72458, 

79 FR 36849 (Jun. 30, 2014). The Commission 

determined that it was appropriate to designate a 

longer period within which to take action on the 

proposed rule change so that it has sufficient time 

to consider the proposed rule change. Accordingly, 

the Commission designated August 19, 2014 as the 

date by which it should approve, disapprove, or 

institute proceedings to determine whether to 

disapprove the proposed rule change. 

5 15 U.S.C. 78s(b)(2)(B). 

6See Securities Exchange Act Release No. 72867, 

79 FR 50720 (Aug. 25, 2014). Specifically, the 

Commission instituted proceedings to allow for 

additional analysis of the proposed rule change’s 

consistency with Section 6(b)(5) of the Act, which 

requires, among other things, that the rules of a 

national securities exchange be ‘‘designed to 

prevent fraudulent and manipulative acts and 

practices, to promote just and equitable principles 

of trade,’’ and ‘‘to protect investors and the public 

interest.’’ See id. 

7See Securities Exchange Act Release No. 73598, 

79 FR 69172 (Nov. 20, 2014). 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3The term ‘‘Common Ownership’’ shall mean 

Participants under 75% common ownership or 

control. See NOM Rules at Chapter XV. 

4The term ‘‘Customer’’ applies to any transaction 

that is identified by a Participant for clearing in the 

Customer range at The Options Clearing 

Corporation which is not for the account of broker 

or dealer or for the account of a ‘‘Professional’’ (as 

that term is defined in Chapter I, Section 1(a)(48)). 

5The term ‘‘Professional’’ means any person or 

entity that (i) is not a broker or dealer in securities, 

and (ii) places more than 390 orders in listed 

options per day on average during a calendar month 

for its own beneficial account(s) pursuant to 

Chapter I, Section 1(a)(48). All Professional orders 

shall be appropriately marked by Participants. 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73730; File No. SR– 

NYSEArca–2014–56] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Withdrawal of 

Proposed Rule Change Relating To 

Listing and Trading of Shares of the 

PIMCO Income Exchange-Traded Fund 

Under NYSE Arca Equities Rule 8.600 

December 3, 2014. 

On May 1, 2014, NYSE Arca, Inc. 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 list and trade shares of the 

PIMCO Income Exchange-Traded Fund 

under NYSE Arca Equities Rule 8.600. 

The proposed rule change was 

published for comment in the Federal 

Register on May 21, 2014.3 On June 24, 

2014, the Commission designated a 

longer period within which to approve 

the proposed rule change, disapprove 

the proposed rule change, or institute 

proceedings to determine whether to 

disapprove the proposed rule change.4

On August 19, 2014, the Commission 

instituted proceedings under Section 

19(b)(2)(B) of the Act 5 to determine 

whether to approve or disapprove the 

proposed rule change.6 On November 

14, 2014, the Commission issued a 

notice of designation of longer period 

for Commission action on proceedings 

to determine whether to approve or 

disapprove the proposed rule change.7

The Commission received no comments 

on the proposed rule change. On 

December 2, 2014, the Exchange 

withdrew the proposed rule change 

(SR–NYSEArca–2014–56). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–28771 Filed 12–8–14; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73732; File No. SR– 

NASDAQ–2014–114] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Common Ownership 

December 3, 2014. 

Pursuant to Section 19(b)(1) of the 

Securities Act of 1934 (‘‘Act’’),1 and 

Rule 19b–4 thereunder,2 notice is 

hereby given that on November 20, 

2014, 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, II, and III, below, which Items 

have been prepared by NASDAQ. 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 

NASDAQ proposes to modify the 

definition of Common Ownership 3 in 

Chapter XV, entitled ‘‘Options Pricing,’’ 

at Section 2 governing pricing for 

NASDAQ members using the NASDAQ 

Options Market (‘‘NOM’’), NASDAQ’s 

facility for executing and routing 

standardized equity and index options. 

Specifically, the Exchange proposes to 

extend the application of Common 

Ownership to all Chapter XV, Section 2 

pricing which requires a certain volume 

threshold or percentage of volume to 

obtain certain options pricing. 

While the changes proposed herein 

are effective upon filing, the Exchange 

has designated that the amendments be 

operative on December 1, 2014. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://

www.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. 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

NASDAQ proposes to modify Chapter 

XV, entitled ‘‘Options Pricing,’’ at 

Section 2 governing the rebates and fees 

assessed for option orders entered into 

NOM. The Exchange proposes to extend 

the application of Common Ownership 

to all Chapter XV, Section 2 pricing 

which requires a certain volume 

threshold or percentage of volume to 

obtain certain options pricing. Today, 

NOM Participants are permitted to 

aggregate affiliate activity to obtain 

certain pricing as specified in Chapter 

XV, Section 2, provided the NOM 

Participants are affiliated because they 

are under 75% common ownership or 

control with each other (‘‘Common 

Ownership’’). Today, the Exchange 

offers NOM Participants under Common 

Ownership the ability to obtain certain 

Customer 4 and Professional 5 Penny 


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