80_FR_12582 80 FR 12537 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To Eliminate Additional Order Type Combinations and Delete Related Rule Text and To Restructure the Remaining Rule Text in NYSE Arca Equities Rule 7.31

80 FR 12537 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To Eliminate Additional Order Type Combinations and Delete Related Rule Text and To Restructure the Remaining Rule Text in NYSE Arca Equities Rule 7.31

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 45 (March 9, 2015)

Page Range12537-12542
FR Document2015-05291

Federal Register, Volume 80 Issue 45 (Monday, March 9, 2015)
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Notices]
[Pages 12537-12542]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05291]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74415; File No. SR-NYSEArca-2015-08]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
of Proposed Rule Change To Eliminate Additional Order Type Combinations 
and Delete Related Rule Text and To Restructure the Remaining Rule Text 
in NYSE Arca Equities Rule 7.31

March 3, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on February 19, 2015, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission 
(``SEC'' or the ``Commission'') the proposed rule change as described 
in Items I, II, and III below, which Items have been prepared by the 
self-regulatory organization. The Commission is publishing this notice 
to solicit comment on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to eliminate additional order type 
combinations and delete related rule text and to restructure the 
remaining rule text in NYSE Arca Equities Rule 7.31. The text of the 
proposed rule change is available on the Exchange's Web site at 
www.nyse.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 self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On June 5, 2014, in a speech entitled ``Enhancing Our Market Equity 
Structure,'' Mary Jo White, Chair of the Securities and Exchange 
Commission (``SEC'' or the ``Commission'') requested the equity 
exchanges to conduct a comprehensive review of their order types and 
how they operate in practice, and as part of this review, consider 
appropriate rule changes to help clarify the nature of their order 
types.\4\ Subsequent to the Chair's speech, the SEC's Division of 
Trading and Markets requested that the equity exchanges complete their 
reviews and submit any proposed rule changes by November 1, 2014.\5\
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    \4\ See Mary Jo White, Chair, Securities and Exchange 
Commission, Speech at the Sandler, O'Neill & Partners, L.P. Global 
Exchange and Brokerage Conference (June 5, 2014) (available at 
www.sec.gov/News/Speech/Detail/Speech/1370542004312#.U5HI-fmwJiw).
    \5\ See Letter from James Burns, Deputy Director, Division of 
Trading and Markets, Securities and Exchange Commission, to Jeffrey 
C. Sprecher, Chief Executive Officer, Intercontinental Exchange, 
Inc., dated June 20, 2014.
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    The Exchange notes that it continually assesses its rules governing 
order types and undertook on its own initiative a review of its rules 
related to order functionality to assure that its various order types, 
which have been adopted and amended over the years, accurately describe 
the functionality associated with those order types, and more 
specifically, how different order types may interact. As a result of 
that review, in 2013, the Exchange submitted a proposed rule change, 
which the Commission approved, to update its rules relating to order 
types and modifiers.\6\ The 2013 Review Filing did not add any new 
functionality but instead enhanced and clarified descriptions of the 
order type and modifier functionality on the Exchange. More recently, 
as part of its ongoing review to streamline its rules and reduce 
complexity among its order type offerings, the Exchange filed a 
proposed rule change, which the Commission approved, to eliminate 
specified order types, modifiers, and related references.\7\
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    \6\ See Securities Exchange Act Release No. 71331 (Jan. 16, 
2014), 79 FR 3907 (Jan. 23, 2014) (SR-NYSEArca-2013-92) (Approval 
order) (``2013 Review Filing'').
    \7\ See Securities Exchange Act Release No. 72942 (Aug. 28, 
2014), 79 FR 52784 (Sept. 4, 2014) (SR-NYSEArca-2014-75) (Approval 
order) (``2013 Deletion Filing'').
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    The Exchange is filing this proposed rule change to continue its 
efforts to review and clarify its rules governing order types. First, 
the Exchange has identified additional order types and functionality to 
eliminate and proposes to delete related rule text in NYSE Arca 
Equities Rule 7.31 (``Rule 7.31''), as described in more detail below.
    Second, the Exchange is proposing certain non-substantive and 
clarifying changes to its rules. As Rule 7.31 has been amended through 
the years, additional order types and modifiers have been added as new 
subsections to what was the end of the rule text at any given time. 
Accordingly, the rule text describes the Exchange's order types and 
modifiers in the order in which those order types and modifiers were 
added. In addition, when rule text has been deleted and replaced with 
references to ``Reserved,'' the subsections have not been renumbered. 
The Exchange proposes to provide additional clarity to Rule 7.31 by re-
grouping and re-numbering current rule text, removing references to 
``reserved'' subsections, and making other non-substantive, clarifying 
changes. In this regard, the proposed rule changes are not intended to 
reflect changes to functionality but rather to clarify Rule 7.31 to 
make it easier to navigate.\8\
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    \8\ The Exchange notes that its affiliated exchanges, New York 
Stock Exchange LLC (``NYSE'') and NYSE MKT LLC are proposing similar 
restructuring of their respective order type rules to group order 
types and modifiers. See SR-NYSE-2014-59 and SR-NYSEMKT-2014-95.
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Proposed Elimination of Additional Orders and Modifiers
    As part of its review, the Exchange has identified the following 
additional order types and functionality to eliminate:
     All-or-None (``AON'') Orders: An AON Order is a limit 
order that is to be executed in its entirety or not at all. A limit 
order marked AON does not trade through a Protected Quotation. AONs are 
defined as a type of Working Order, currently set forth in Rule 
7.31(h)(1). To

[[Page 12538]]

effectuate the proposed elimination of AON Orders, the Exchange 
proposes not to include current Rule 7.31(h)(1) in the rule 
restructuring, described below. The Exchange proposes to make 
conforming changes to Rules 7.36(a)(2)(C) and current Rule 
7.37(b)(2)(A)(ii) to reflect the elimination of AON.\9\
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    \9\ The Exchange also proposes non-substantive changes to Rule 
7.37 to delete references to ``reserved'' and re-number the rule 
text accordingly. Current Rule 7.37(b)(2)(A)(ii), as amended, would 
be renumbered to Rule 7.37(b)(1)(A).
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     Primary Sweep Orders (``PSO''): A PSO is a Primary Only 
Order (defined in Rule 7.31(x)) that first sweeps the Exchange's book 
before routing to the primary market. PSOs may only be day or IOC, and 
may not be designated as GTC or an ISO. PSOs are currently set forth in 
Rule 7.31(kk). To effectuate the proposed elimination, the Exchange 
proposes not to include current Rule 7.31(kk) in the rule 
restructuring, described below.
    In addition, the Exchange has identified additional order type 
functionality combinations that would no longer be accepted:
     Reserve Orders designated IOC: Rule 7.31(h)(3) governing 
Reserve Orders currently provides that Reserve Orders must be in round 
lots and cannot be combined with an order type that could never be 
displayed. The Exchange proposes to further specify that Reserve Orders 
may not be designated with an Immediate or Cancel (``IOC'') time-in-
force modifier, which would be stated in new Rule 7.31(d)(2) governing 
Reserve Orders.
     Inside Limit Orders designated IOC: Inside Limit Orders, 
which are currently defined in Rule 7.31(d), are limit orders that, if 
routed away, are routed to the market participant with the best 
displayed price. If there is an unfilled portion of such an order, it 
will not be routed to the next best price level until all quotes at the 
current best bid or offer are exhausted. The Exchange proposes to 
specify that Inside Limit Orders may not be designated IOC because the 
Exchange believes that the IOC time-in-force modifier is inconsistent 
with the purpose of an Inside Limit Order, which is to wait for each 
price point to be cleared before being executed or routed to additional 
price points. This change would be included in new Rule 7.31(a)(3).
     PNP Blind Orders: Rule 7.31(mm) currently specifies that a 
PNP Blind order may be combined with an Add Liquidity Only (``ALO'') 
Order. The Exchange proposes to amend the rule text governing PNP Blind 
to provide that a PNP Blind order that is combined with an ALO modifier 
may not also be designated Reserve. This change would be included in 
new Rule 7.31(e)(4).
    The Exchange believes that by eliminating the above-described order 
types and functionality, the Exchange would further streamline its 
rules and reduce complexity among the order types offered at the 
Exchange.
    Because of technology changes associated with eliminating the 
above-described order types and functionality, the Exchange will 
announce by Trader Update the implementation date of these proposed 
changes.
Proposed Rule 7.31 Restructure
    The Exchange proposes to re-structure Rule 7.31 to re-group 
existing order types and modifiers together along functional lines.
    Proposed new subsection (a) of Rule 7.31 would set forth the 
Exchange's order types that are the foundation for all other order type 
instructions, i.e., the primary order types. All orders entered at the 
Exchange must be designated with an identifier associated with a 
primary order type, together with such other technical specifications 
as may be applicable for a specific order or modifier combination. The 
Exchange, therefore, believes that clearly identifying the primary 
order types in Exchange rules would provide transparency for ETP 
Holders of how to designate orders entered at the Exchange. The 
proposed primary order types would be:
     Market Orders. Current Rule 7.31(a) describing Market 
Orders and related subsections would be moved to new Rule 7.31(a)(1). 
In moving the rule text currently set forth in Rule 7.31(a)(3)(A), the 
Exchange proposes non-substantive revisions to delete the phrase 
``unless marked IOC'' because Market Orders cannot be designated IOC 
\10\ and to capitalize the terms ``Market Order''. In addition, the 
Exchange proposes a clarifying change to the second sentence of current 
Rule 7.31(a), which currently provides that Market Orders shall be 
rejected if there is no bid or offer. Because such rejection is based 
on whether there is a contra-side bid or offer (i.e., a Market Order to 
sell is rejected if there is no bid), the Exchange proposes to clarify 
this sentence in new Rule 7.31(a)(1) to provide that ``Market Orders 
are rejected if there is no contra-side bid or offer.''
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    \10\ In the 2013 Deletion Filing, the Exchange amended the 
definition of IOC to specify that it is only available for Limit 
Orders. See 2013 Deletion Filing, supra n. 7.
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     Limit Orders. Current Rule 7.31(b) describing Limit Orders 
and related subsections would be moved to new Rule 7.31(a)(2). The 
Exchange proposes a non-substantive change to capitalize the term 
``Limit Order'' in new Rule 7.31(a)(2) and make conforming changes to 
references to ``limit order'' in the remainder of Rule 7.31, as 
specified below. In addition, the Exchange proposes a clarifying change 
to the second sentence of current Rule 7.31(b), which currently 
provides that a marketable limit order is a limit order to buy (sell) 
at or above (below) the PBBO for the security. Because marketability is 
based on the contra-side PBBO (i.e., a Limit Order to buy is marketable 
against the PBO), the Exchange proposes to clarify this sentence in new 
Rule 7.31(a)(2) to provide that: ``A `marketable' Limit Order is a 
Limit Order to buy (sell) at or above (below) the contra-side PBBO for 
the security.''
     Inside Limit Orders. Current Rule 7.31(d) describing 
Inside Limit Orders would be moved to new Rule 7.31(a)(3). The Exchange 
proposes clarifying amendments to new Rule 7.31(a)(3) to replace 
references to ``best displayed price'' with references to ``contra-side 
NBBO.'' As set forth in Rule 7.37, Inside Limit Orders are priced based 
on the NBBO. Accordingly, the Exchange believes that referencing the 
NBBO in new Rule 7.31(a)(3) would eliminate the need for a market 
participant to review two rules, Rules 7.31 and 7.37, to determine that 
the term ``best displayed price'' refers to the NBBO. The Exchange also 
proposes to add new text to Rule 7.31(a)(3) to clarify that after an 
Inside Limit Order has been routed to a contra-side NBBO, the Exchange 
displays the Inside Limit Order at that now-exhausted contra-side NBBO 
price while the Exchange waits for an updated NBBO to be displayed. As 
provided for in the current rule, once a new contra-side NBBO is 
displayed, the Exchange will route to that single price point and 
continue such assessment at each new contra-side NBBO until the order 
is filled or no longer marketable. In addition, to effect the above-
described proposal to provide that Inside Limit Orders may not be 
designated IOC, the Exchange proposes to add to new Rule 7.31(a)(3)(D) 
that an Inside Limit Order may not be designated as IOC. Because an 
Inside Limit Order may still be designated as NOW, which is a distinct 
time-in-force modifier from IOC, the Exchange also proposes to add to 
new Rule 7.31(a)(3)(D) that an Inside Limit Order may be designated as 
NOW. The Exchange further proposes non-substantive changes to the rule 
text governing Inside Limit Orders to separate the existing text into 
sub-

[[Page 12539]]

sections, which the Exchange believes would make the rule text easier 
to navigate.
    Proposed new subsection (b) of Rule 7.31 would set forth the Time 
in Force Modifiers that the Exchange makes available for orders entered 
at the Exchange. In the 2013 Review Filing, the Exchange grouped its 
existing time-in-force modifiers together in current Rule 7.31(c).\11\ 
As proposed, Rule 7.31(c) would be redesignated as Rule 7.31(b), 
without changing the rule text.
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    \11\ See 2013 Review Filing, supra n. 6.
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    In addition, the Exchange proposes to move the rule text governing 
NOW Orders, currently in Rule 7.31(v), to new Rule 7.31(b)(5). The 
Exchange believes that ``NOW Orders'' are appropriately included with 
the time-in-force modifiers because a NOW Order designation provides 
for an immediate execution of an order in whole or in part on the 
Exchange with the unexecuted portion routed to away markets consistent 
with Rule 7.37(d), and the portion not so executed cancelled. The 
Exchange also believes that the ``NOW'' designation is more 
appropriately described as a modifier rather than as an order, and 
therefore proposes to re-name it as a ``NOW Modifier'' and make 
conforming changes in other Exchange rules. In addition, the Exchange 
notes that it routes orders designated NOW to all available quotes in 
the routing determination, consistent with Rule 7.37(d)(2). The 
Exchange therefore proposes to delete the references in the rule text 
to NOW recipients and replace such references with rule text that 
specifies that orders with a NOW modifier would be routed to all 
available quotations in the routing determination, including Protected 
Quotations.
    Proposed new subsection (c) of Rule 7.31 would specify the 
Exchange's existing Auction-Only Orders, which the Exchange last 
revised in the 2013 Deletion Filing.\12\ The Exchange proposes non-
substantive changes to the definitions of Limit-on-Open Orders, Market-
on-Open Orders, Limit-on-Close Orders, and Market-on-Close Orders, 
which would be defined in proposed Rule 7.31(c)(1)-(4), respectively. 
The Exchange further proposes to delete rule text in proposed Rules 
7.31(c)(1), (c)(2), (c)(3), and (c)(4), as duplicative of the general 
definition of Auction Only Orders in proposed new Rule 7.31(c). The 
Exchange further proposes to add to Rule 7.31(c) existing rule text 
from these subsections, as modified, that the Exchange would reject any 
Auction-Only Orders in securities that are not eligible for an auction 
on the Exchange or if an auction is suspended pursuant to Rule 7.35(g).
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    \12\ See 2013 Deletion Filing, supra n. 7.
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    Proposed new subsection (d) of Rule 7.31 would specify the 
Exchange's Working Orders, which are currently defined in Rule 7.31(h). 
As noted above, the Exchange proposes to eliminate AON Orders. 
Accordingly, [sic]
     Discretionary Orders. Current Rule 7.31(h)(2) would be 
moved to new Rule 7.31(d)(1) without any substantive changes to the 
rule text (the Exchange would capitalize the term ``Limit Order'').
     Reserve Orders. Current Rule 7.31(h)(3) would be moved to 
new Rule 7.31(d)(2) and the Exchange proposes non-substantive changes 
to capitalize the term ``Limit Order'' and delete a duplicative use of 
the word ``Order.'' To effect the change described above that Reserve 
Orders may not be designated IOC, the Exchange proposes to add to new 
Rule 7.31(d)(2) that Reserve Orders may not be designated IOC. The 
Exchange also proposes to clarify that the existing requirement that 
Reserve Orders be in round lots applies to the displayed quantity of 
the Reserve Order.
     Passive Liquidity Orders. Current Rule 7.31(h)(4) would be 
moved to new Rule 7.31(d)(3). The Exchange notes that Rule 7.31(h)(4) 
currently provides that ``[a] Passive Liquidity Order must be 
designated as an Inside Limit Order.'' This requirement refers to the 
identifier associated with entering Passive Liquidity Orders at the 
Exchange. The description of how Passive Liquidity Orders operate is in 
current Rule 7.31(h)(4), and proposed new Rule 7.31(d)(3). As noted 
above, the Exchange now proposes to separately define the Exchange's 
primary order types. In connection with this proposal, the Exchange 
proposes to reorganize the description of Passive Liquidity Orders to 
delete the separate phrase ``[a] Passive Liquidity Order must be 
designated as an Inside Limit Order'' and replace the term ``order'' in 
the first sentence of the rule with a reference to ``Inside Limit 
Order.'' The Exchange also proposes to clarify that a Passive Liquidity 
Order does not route.
     Mid-Point Passive Liquidity (``MPL'') Orders. Current Rule 
7.31(h)(5) would be moved to new Rule 7.31(d)(4). The Exchange proposes 
to make non-substantive changes to the rule text to make it easier to 
read, including adding new subsections and deleting obsolete rule text 
and capitalizing the term ``Limit Order.'' The Exchange also proposes 
to specify that the primary order type for an MPL Order is a Limit 
Order rather than a Passive Liquidity Order because an MPL Order does 
not use the Inside Limit Order primary order type (and related 
technical identifier). Because a Passive Liquidity Order is by 
definition an undisplayed order, and because the Exchange is proposing 
to delete reference to Passive Liquidity Order as part of the MPL Order 
definition, the Exchange proposes to specify that MPL Orders are 
undisplayed. This proposed addition to the definition of MPL Orders is 
non-substantive because Passive Liquidity Orders are undisplayed orders 
and, thus, the current description of MPL Orders as Passive Liquidity 
Orders incorporates the undisplayed functionality of MPL Orders.
    The Exchange also proposes to include new text that explicitly 
states that an incoming order marketable against a resting MPL Order 
with minimum execution size specifications will not execute against 
such MPL Order unless it meets the minimum size restrictions and, 
instead, will trade through such MPL Order. The Exchange believes this 
additional rule language would provide clarity and transparency that 
when an MPL Order also includes a minimum execution size, it may be 
traded through by incoming marketable orders that do not satisfy the 
minimum execution size condition.
     MPL-IOC Order. Current Rule 7.31(h)(6) would be moved to 
new Rule 7.31(d)(5) without any substantive changes to the rule text.
    Proposed new subsection (e) of Rule 7.31 would specify the 
Exchange's existing order types that, by definition, do not route. The 
order types proposed to be included in this new subsection are:
     ALO Order. Current Rule 7.31(nn) would be moved to new 
Rule 7.31(e)(1). The current rule provides that an ALO must be 
designated as either a PNP or MPL and the Exchange proposes to clarify 
that the reference to PNP includes PNP Blind orders. This proposed 
change does not alter any existing functionality associated with ALO 
because PNP Blind orders are by definition PNP Orders. The Exchange 
further notes that all functionality associated with PNP Orders, 
including the ability to be designated ISO, are applicable to PNP 
Orders that are designated ALO.
     Intermarket Sweep Order. Current Rule 7.31(jj) would be 
moved to new Rule 7.31(e)(2) without any substantive changes to the 
rule text (the Exchange would capitalize the term ``Limit Order'').
     PNP Order (Post No Preference). Current Rule 7.31(w) would 
be moved to new Rule 7.31(e)(3). Because PNP Orders cannot be combined 
with Inside

[[Page 12540]]

Limit Orders, the Exchange proposes to delete the following rule text: 
``A PNP Inside Limit Order shall not lock or cross Manual Quotations'' 
when moving the rule text to new Rule 7.31(e)(3). The Exchange proposes 
a non-substantive change to the rule text to capitalize the term 
``Limit Order.''
     PNP Blind. Current Rule 7.31(mm) would be moved to new 
Rule 7.31(e)(4) without any substantive changes to the rule text (the 
Exchange would capitalize the term ``PNP Order''). As discussed above, 
the Exchange proposes to provide in new Rule 7.31(e)(4) that a PNP 
Blind order combined with ALO may not be designated as a Reserve Order.
     Cross Order. Because Cross Orders do not route, the 
Exchange proposes to move current Rule 7.31(s) to new Rule 7.31(e)(5) 
without any changes to the rule text.\13\
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    \13\ The Exchange revised its Cross Order functionality in the 
2013 Deletion Filing. See 2013 Deletion Filing, supra n. 7.
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     Tracking Order. Current Rule 7.31(f) would be moved to new 
Rule 7.31(e)(6). The Exchange proposes to make the following clarifying 
changes to the rule text. First, the Exchange is proposing to clarify 
that a Tracking Order is eligible to execute against a contra-side 
order equal to or less than the size of a Tracking Order and to specify 
that that the size requirement relates to comparing the incoming 
contra-side order to the size of a resting Tracking Order, not Tracking 
Orders in the aggregate. Second, because Tracking Orders execute at the 
price of the same-side NBBO, provided such price is equal to or better 
than the price of the Tracking Order, the Exchange proposes to clarify 
in new Rule 7.31(e)(6) that a Tracking Order will execute at the price 
of the same-side NBBO provided that such price shall not trade through 
a Protected Quotation or the price of the Tracking Order.
    Proposed new subsection (f) of Rule 7.31 would specify the 
Exchange's existing order types that by definition, include specified 
routing instructions. As noted above, the Exchange proposes to delete 
Primary Sweep Orders. Accordingly, new subsection (f) would not include 
Primary Sweep Orders. The order types proposed to be included in this 
new subsection are:
     Primary Only Order (``PO Order''). Current Rule 7.31(x) 
would be moved to new Rule 7.31(f)(1) without any substantive changes 
to the rule text (the Exchange would capitalize the terms ``Limit 
Order'' and ``Market Order'').
     Primary Until 9:45 Order. Current Rule 7.31(oo) would be 
moved to new Rule 7.31(f)(2) without any substantive changes to the 
rule text (the Exchange would capitalize the term ``Limit Order'').
     Primary After 3:55 Order. Current Rule 7.31(pp) would be 
moved to new Rule 7.31(f)(3) without any substantive changes to the 
rule text (the Exchange would capitalize the term ``Limit Order'').
    Proposed new subsection (g) of Rule 7.31 would include the 
Exchange's other existing order instructions and modifiers, including:
     Pegged Order. Current Rule 7.31(cc) would be moved to new 
Rule 7.31(g)(1) without any substantive changes to the rule text (the 
Exchange would capitalize the term ``Limit Order'').
     Proactive if Locked Modifier. Current Rule 7.31(hh) would 
be moved to new Rule 7.31(g)(2) without any substantive changes to the 
rule text (the Exchange would capitalize the term ``Limit Order'').
     Do Not Reduce Modifier. Current Rule 7.31(n) would be 
moved to new Rule 7.31(g)(3) without any substantive changes to the 
rule text (the Exchange would capitalize the term ``Limit Order'').
     Do Not Increase Modifier. Current Rule 7.31(o) would be 
moved to new Rule 7.31(g)(4) without any substantive changes to the 
rule text (the Exchange would capitalize the term ``Limit Order'').
     Self Trade Prevention Modifier (``STP''). Current Rule 
7.31(qq) would be moved to new Rule 7.31(g)(5) without any substantive 
changes.
    Finally, proposed new subsection (h) of Rule 7.31 would describe Q 
Orders, an existing order type available for Exchange Market Makers, 
which are currently defined in Rule 7.31(k). In moving the rule text, 
the Exchange proposes to delete the subsections marked ``reserved'' and 
renumber the remaining subsections accordingly. The Exchange also 
proposes to clarify in new Rule 7.31(h)(3) that Q Orders do not route.
Additional Proposed Amendments
    To reflect the changes proposed to Rule 7.31, the Exchange proposes 
to make conforming, non-substantive changes to Rules 7.35, 7.36, and 
7.37, as follows:
     Amend Rule 7.35 to capitalize the terms ``Market Order'' 
and ``Limit Order,'' replace the term ``Limited Priced Order'' with the 
term ``Limit Order,'' and use the terms ``LOC Order'' and ``MOC Order'' 
instead of ``Limit-on-Close Order'' and ``Market-on-Close Order.'' In 
Rule 7.35(e), the Exchange proposes to delete the reference to a 
Closing Auction for NYSE-listed securities subject to a sub-penny 
trading condition under NYSE Rule 123D, as that condition no longer 
exists on NYSE. In addition, because the Exchange does not run a Market 
Order Auction in Nasdaq-listed securities (other than of Derivative 
Securities Products as defined in Rule 7.34(a)(4)(A), and as specified 
in Rule 7.35(c)), the Exchange proposes to delete all references to 
Nasdaq-Listed securities and related rule text in Rules 7.35(c)(1)(B), 
(c)(2)(B), and (c)(3)(B). Similarly, because the Exchange only runs a 
Trading Halt Auction in securities that are listed on the Exchange, the 
Exchange proposes to delete references to how Trading Halt Auctions 
operate for securities other than those listed on the Exchange, and as 
currently described in Rules 7.35(f)(1)(A) and (B), (f)(4)(A), and 
(f)(4)(B), and re-number existing Rule 7.36(f)(4)(C) as Rule 
7.36(f)(4);
     Amend Rule 7.36 to capitalize the term ``Limit Order''; 
and Amend Rule 7.37 to capitalize the term ``Reserve Order,'' use the 
term ``ISO'' instead of ``Intermarket Sweep Order,'' replace the term 
``Limited Price Order'' with the term ``Limit Order,'' remove 
references to the term ``Reserved'' from current Rule 7.37(a) and (b) 
and re-number the subsections of the rule accordingly, and update the 
cross-reference to the rule cite for Passive Liquidity Orders in new 
Rule 7.37(a)(1).
    The Exchange also proposes to amend Rule 7.36 to clarify how the 
Exchange treats non-marketable odd-lot orders that are priced better 
than the best-priced round lot interest at the Exchange for purposes of 
determining the best ranked displayed order(s) on the Exchange. 
Specifically, when disseminating the Exchange's best ranked displayed 
orders to either the Consolidated Quotation System (for Tape A and B 
securities) or the UTP Plan (for Tape C securities) (together, the 
``public data feeds''), the Exchange aggregates non-marketable odd-lot 
interest at multiple price points and if they equal a round lot or 
more, displays the aggregated odd-lot orders in a round lot quantity at 
the least aggressive price at which such odd-lot sized orders can be 
aggregated to equal at least a round lot. For example, if the Exchange 
has a bid of 100 shares at 10.00, 50 shares at 10.01 and 60 shares at 
10.02, the Exchange's best bid published to the public data feeds would 
be 100 shares at 10.01. Similarly, if the Exchange has an offer of 100 
shares at 10.05, 50 shares at 10.04, and 60 shares at 10.03, the 
Exchange's best offer published to the public data feeds would be 100 
shares

[[Page 12541]]

at 10.04. To reflect this clarification, the Exchange proposes to amend 
Rule 7.36(c) to provide that if non-marketable odd-lot sized orders at 
different price points equal at least a round lot, such odd-lot sized 
orders would be displayed as the best ranked displayed orders to sell 
(buy) at the least aggressive price at which such odd-lot sized orders 
can be aggregated to equal at least a round lot.
    Finally, the Exchange proposes to amend Rule 7.38(a)(1) regarding 
Odd Lots to specify the order types that may not be entered as odd 
lots. Currently, Rule 7.38(a)(1) provides that odd lot orders may not 
be Working Orders, Tracking Orders, etc. However, to reflect certain 
amendments to Rule 7.31, which were not incorporated in Rule 7.38,\14\ 
and to provide more specificity, the Exchange proposes to clarify Rule 
7.38(a)(1) to provide that the following orders may not be entered as 
odd lots: Reserve Orders, MPL-IOC Orders, Tracking Orders, and Q 
Orders. The Exchange also proposes a non-substantive change to Rule 
7.38(a)(2) to remove an extraneous period at the end of the sentence.
---------------------------------------------------------------------------

    \14\ E.g., In 2011, the Exchange amended Rule 7.31(h)(5) to 
lower the minimum order entry size to one share for MPL Orders. See 
Securities Exchange Act Release No. 64523 (May 19, 2011), 76 FR 
30417 (May 24, 2011) (SR-NYSEArca-2011-29) (Notice of filing of 
proposed rule change amending Rule 7.31(h)(5) to reduce the minimum 
order entry size of MPL Orders from 100 shares to one share).
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\15\ in general, and 
furthers the objectives of Section 6(b)(5),\16\ in particular, because 
it is 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 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. Specifically, 
the Exchange believes that eliminating AON and PSO Orders, as well as 
reducing specified order type combinations, would remove impediments to 
and perfect the mechanism of a free and open market by simplifying 
functionality and complexity of its order types. The Exchange believes 
that eliminating these order types would be consistent with the public 
interest and the protection of investors because investors will not be 
harmed and in fact would benefit from the removal of complex 
functionality. The Exchange further believes that removing cross-
references to AON in Rules 7.36 and 7.37 would remove impediments to 
and perfect the mechanism of a free and open market because it would 
reduce potential confusion that may result from having such cross 
references in the Exchange's rulebook. Removing such obsolete cross 
references would also further the goal of transparency and add clarity 
to the Exchange's rules.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange further believes that the proposed restructuring of 
Rule 7.31, to group existing order types to align by functionality, 
delete subsections marked ``reserved'', and clarify rule text also 
would remove impediments to and perfect the mechanism of a free and 
open market by ensuring that members, regulators, and the public can 
more easily navigate the Exchange's rulebook and better understand the 
order types available for trading on the Exchange. The Exchange 
believes that the related, proposed conforming changes to Rules 7.35, 
7.36, 7.37 and 7.38 similarly would remove impediments to and perfect 
the mechanism of a free and open market by assuring consistency of 
terms used in the Exchange's rulebook. The Exchange also believes that 
the proposed amendment to Rule 7.38 to specify which orders may not be 
odd lots provides more specificity to the Exchange's rulebook, thereby 
similarly promoting transparency and thus removing impediments and 
perfecting the mechanism of a free and open market.
    Finally, the Exchange believes that the proposed amendment to Rule 
7.36 to specify how the Exchange aggregates non-marketable odd-lot 
sized orders at multiple price points that equal a round lot for 
purposes of determining the Exchange's best ranked displayed order(s) 
would remove impediments to and perfect the mechanism of a free and 
open market and a national market system because it provides greater 
specificity regarding how the Exchange determines its best bid or offer 
for display on the public data feeds. The Exchange further believes 
that it would remove impediments to and perfect the mechanism of a free 
and open market and a national market system to aggregate such non-
marketable odd-lot orders because pursuant to Rule 7.38(b), odd-lot 
orders are ranked and executed in the same manner as round lot orders, 
and therefore, incoming marketable contra-side orders would execute 
against resting non-marketable odd-lot orders that represent the best 
price on the Exchange. Because arriving marketable contra-side orders 
execute in price-time priority against resting odd-lot orders priced 
better than resting round-lot orders, the Exchange believes that it is 
appropriate to display such odd-lot interest on the public data feeds 
as the Exchange's best bid or offer if in the aggregate, they equal a 
round lot or more. The Exchange further believes that aggregating such 
odd-lot orders at the least aggressive price point from among those 
odd-lot orders would remove impediments to and perfect the mechanism of 
a free and open market because it represents the lowest possible 
execution price (for incoming sell orders) or highest possible 
execution price (for incoming buy orders). The Exchange notes that the 
incoming marketable interest would receive price improvement when 
executing against any odd-lot orders priced better than the aggregated 
displayed price.

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 that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue but rather would remove 
complex functionality and re-structure Rule 7.31 and make conforming 
changes to related Exchange rules, thereby reducing confusion and 
making the Exchange's rules easier to navigate.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 45 days of the date of publication of this notice in the 
Federal Register or up to 90 days (i) as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding or (ii) as to which the self-regulatory 
organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and

[[Page 12542]]

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 email to rule-comments@sec.gov. Please include 
File Number SR-NYSEArca-2015-08 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-NYSEArca-2015-08. 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 (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 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 the 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-NYSEArca-2015-08 and should 
be submitted on or before March 30, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-05291 Filed 3-6-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices                                                      12537

                                                  submissions. You should submit only                     II. Self-Regulatory Organization’s                    not add any new functionality but
                                                  information that you wish to make                       Statement of the Purpose of, and                      instead enhanced and clarified
                                                  available publicly. All submissions                     Statutory Basis for, the Proposed Rule                descriptions of the order type and
                                                  should refer to File No. SR–ISE Gemini-                 Change                                                modifier functionality on the Exchange.
                                                  2015–04 and should be submitted by                         In its filing with the Commission, the             More recently, as part of its ongoing
                                                  March 30, 2015.9                                        self-regulatory organization included                 review to streamline its rules and
                                                                                                          statements concerning the purpose of,                 reduce complexity among its order type
                                                    For the Commission, by the Division of                                                                      offerings, the Exchange filed a proposed
                                                  Trading and Markets, pursuant to delegated              and basis for, the proposed rule change
                                                                                                          and discussed any comments it received                rule change, which the Commission
                                                  authority.                                                                                                    approved, to eliminate specified order
                                                                                                          on the proposed rule change. The text
                                                  Brent J. Fields,                                                                                              types, modifiers, and related
                                                                                                          of those statements may be examined at
                                                  Secretary.                                              the places specified in Item IV below.                references.7
                                                  [FR Doc. 2015–05292 Filed 3–6–15; 8:45 am]              The Exchange has prepared summaries,                    The Exchange is filing this proposed
                                                  BILLING CODE 8011–01–P                                  set forth in sections A, B, and C below,              rule change to continue its efforts to
                                                                                                          of the most significant parts of such                 review and clarify its rules governing
                                                                                                          statements.                                           order types. First, the Exchange has
                                                  SECURITIES AND EXCHANGE                                                                                       identified additional order types and
                                                                                                          A. Self-Regulatory Organization’s                     functionality to eliminate and proposes
                                                  COMMISSION
                                                                                                          Statement of the Purpose of, and                      to delete related rule text in NYSE Arca
                                                                                                          Statutory Basis for, the Proposed Rule                Equities Rule 7.31 (‘‘Rule 7.31’’), as
                                                  [Release No. 34–74415; File No. SR–                     Change                                                described in more detail below.
                                                  NYSEArca–2015–08]                                                                                               Second, the Exchange is proposing
                                                                                                          1. Purpose
                                                                                                                                                                certain non-substantive and clarifying
                                                  Self-Regulatory Organizations; NYSE                        On June 5, 2014, in a speech entitled              changes to its rules. As Rule 7.31 has
                                                  Arca, Inc.; Notice of Filing of Proposed                ‘‘Enhancing Our Market Equity                         been amended through the years,
                                                  Rule Change To Eliminate Additional                     Structure,’’ Mary Jo White, Chair of the              additional order types and modifiers
                                                  Order Type Combinations and Delete                      Securities and Exchange Commission                    have been added as new subsections to
                                                  Related Rule Text and To Restructure                    (‘‘SEC’’ or the ‘‘Commission’’) requested             what was the end of the rule text at any
                                                  the Remaining Rule Text in NYSE Arca                    the equity exchanges to conduct a                     given time. Accordingly, the rule text
                                                  Equities Rule 7.31                                      comprehensive review of their order                   describes the Exchange’s order types
                                                                                                          types and how they operate in practice,               and modifiers in the order in which
                                                  March 3, 2015.                                          and as part of this review, consider                  those order types and modifiers were
                                                     Pursuant to Section 19(b)(1) 1 of the                appropriate rule changes to help clarify              added. In addition, when rule text has
                                                  Securities Exchange Act of 1934 (the                    the nature of their order types.4                     been deleted and replaced with
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  Subsequent to the Chair’s speech, the                 references to ‘‘Reserved,’’ the
                                                  notice is hereby given that, on February                SEC’s Division of Trading and Markets                 subsections have not been renumbered.
                                                  19, 2015, NYSE Arca, Inc. (the                          requested that the equity exchanges                   The Exchange proposes to provide
                                                                                                          complete their reviews and submit any                 additional clarity to Rule 7.31 by re-
                                                  ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                                                                          proposed rule changes by November 1,                  grouping and re-numbering current rule
                                                  the Securities and Exchange
                                                                                                          2014.5                                                text, removing references to ‘‘reserved’’
                                                  Commission (‘‘SEC’’ or the                                 The Exchange notes that it
                                                  ‘‘Commission’’) the proposed rule                                                                             subsections, and making other non-
                                                                                                          continually assesses its rules governing              substantive, clarifying changes. In this
                                                  change as described in Items I, II, and                 order types and undertook on its own                  regard, the proposed rule changes are
                                                  III below, which Items have been                        initiative a review of its rules related to           not intended to reflect changes to
                                                  prepared by the self-regulatory                         order functionality to assure that its                functionality but rather to clarify Rule
                                                  organization. The Commission is                         various order types, which have been                  7.31 to make it easier to navigate.8
                                                  publishing this notice to solicit                       adopted and amended over the years,
                                                  comment on the proposed rule change                     accurately describe the functionality                 Proposed Elimination of Additional
                                                  from interested persons.                                associated with those order types, and                Orders and Modifiers
                                                                                                          more specifically, how different order                   As part of its review, the Exchange
                                                  I. Self-Regulatory Organization’s                       types may interact. As a result of that               has identified the following additional
                                                  Statement of the Terms of Substance of                  review, in 2013, the Exchange submitted               order types and functionality to
                                                  the Proposed Rule Change                                a proposed rule change, which the                     eliminate:
                                                                                                          Commission approved, to update its                       • All-or-None (‘‘AON’’) Orders: An
                                                    The Exchange proposes to eliminate
                                                                                                          rules relating to order types and                     AON Order is a limit order that is to be
                                                  additional order type combinations and                  modifiers.6 The 2013 Review Filing did                executed in its entirety or not at all. A
                                                  delete related rule text and to                                                                               limit order marked AON does not trade
                                                  restructure the remaining rule text in                     4 See Mary Jo White, Chair, Securities and
                                                                                                                                                                through a Protected Quotation. AONs
                                                  NYSE Arca Equities Rule 7.31. The text                  Exchange Commission, Speech at the Sandler,           are defined as a type of Working Order,
                                                  of the proposed rule change is available                O’Neill & Partners, L.P. Global Exchange and
                                                                                                          Brokerage Conference (June 5, 2014) (available at     currently set forth in Rule 7.31(h)(1). To
                                                  on the Exchange’s Web site at                           www.sec.gov/News/Speech/Detail/Speech/
                                                  www.nyse.com, at the principal office of                1370542004312#.U5HI-fmwJiw).                            7 See Securities Exchange Act Release No. 72942
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                                                  the Exchange, and at the Commission’s                      5 See Letter from James Burns, Deputy Director,    (Aug. 28, 2014), 79 FR 52784 (Sept. 4, 2014) (SR–
                                                                                                          Division of Trading and Markets, Securities and       NYSEArca–2014–75) (Approval order) (‘‘2013
                                                  Public Reference Room.                                  Exchange Commission, to Jeffrey C. Sprecher, Chief    Deletion Filing’’).
                                                                                                          Executive Officer, Intercontinental Exchange, Inc.,     8 The Exchange notes that its affiliated exchanges,

                                                    9 17 CFR 200.30–3(a)(12).                             dated June 20, 2014.                                  New York Stock Exchange LLC (‘‘NYSE’’) and
                                                    1 15
                                                                                                             6 See Securities Exchange Act Release No. 71331    NYSE MKT LLC are proposing similar restructuring
                                                         U.S.C. 78s(b)(1).
                                                                                                          (Jan. 16, 2014), 79 FR 3907 (Jan. 23, 2014) (SR–      of their respective order type rules to group order
                                                    2 15 U.S.C. 78a.
                                                                                                          NYSEArca–2013–92) (Approval order) (‘‘2013            types and modifiers. See SR–NYSE–2014–59 and
                                                    3 17 CFR 240.19b–4.                                   Review Filing’’).                                     SR–NYSEMKT–2014–95.



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                                                  12538                           Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices

                                                  effectuate the proposed elimination of                  designated Reserve. This change would                 Rule 7.31(a)(2). The Exchange proposes
                                                  AON Orders, the Exchange proposes not                   be included in new Rule 7.31(e)(4).                   a non-substantive change to capitalize
                                                  to include current Rule 7.31(h)(1) in the                  The Exchange believes that by                      the term ‘‘Limit Order’’ in new Rule
                                                  rule restructuring, described below. The                eliminating the above-described order                 7.31(a)(2) and make conforming changes
                                                  Exchange proposes to make conforming                    types and functionality, the Exchange                 to references to ‘‘limit order’’ in the
                                                  changes to Rules 7.36(a)(2)(C) and                      would further streamline its rules and                remainder of Rule 7.31, as specified
                                                  current Rule 7.37(b)(2)(A)(ii) to reflect               reduce complexity among the order                     below. In addition, the Exchange
                                                  the elimination of AON.9                                types offered at the Exchange.                        proposes a clarifying change to the
                                                     • Primary Sweep Orders (‘‘PSO’’): A                     Because of technology changes                      second sentence of current Rule 7.31(b),
                                                  PSO is a Primary Only Order (defined                    associated with eliminating the above-                which currently provides that a
                                                  in Rule 7.31(x)) that first sweeps the                  described order types and functionality,              marketable limit order is a limit order to
                                                  Exchange’s book before routing to the                   the Exchange will announce by Trader                  buy (sell) at or above (below) the PBBO
                                                  primary market. PSOs may only be day                    Update the implementation date of                     for the security. Because marketability is
                                                  or IOC, and may not be designated as                    these proposed changes.                               based on the contra-side PBBO (i.e., a
                                                  GTC or an ISO. PSOs are currently set                                                                         Limit Order to buy is marketable against
                                                  forth in Rule 7.31(kk). To effectuate the               Proposed Rule 7.31 Restructure
                                                                                                                                                                the PBO), the Exchange proposes to
                                                  proposed elimination, the Exchange                         The Exchange proposes to re-structure              clarify this sentence in new Rule
                                                  proposes not to include current Rule                    Rule 7.31 to re-group existing order                  7.31(a)(2) to provide that: ‘‘A
                                                  7.31(kk) in the rule restructuring,                     types and modifiers together along                    ‘marketable’ Limit Order is a Limit
                                                  described below.                                        functional lines.                                     Order to buy (sell) at or above (below)
                                                     In addition, the Exchange has                           Proposed new subsection (a) of Rule                the contra-side PBBO for the security.’’
                                                  identified additional order type                        7.31 would set forth the Exchange’s
                                                  functionality combinations that would                                                                           • Inside Limit Orders. Current Rule
                                                                                                          order types that are the foundation for               7.31(d) describing Inside Limit Orders
                                                  no longer be accepted:                                  all other order type instructions, i.e., the
                                                     • Reserve Orders designated IOC:                                                                           would be moved to new Rule 7.31(a)(3).
                                                                                                          primary order types. All orders entered               The Exchange proposes clarifying
                                                  Rule 7.31(h)(3) governing Reserve                       at the Exchange must be designated
                                                  Orders currently provides that Reserve                                                                        amendments to new Rule 7.31(a)(3) to
                                                                                                          with an identifier associated with a                  replace references to ‘‘best displayed
                                                  Orders must be in round lots and cannot                 primary order type, together with such
                                                  be combined with an order type that                                                                           price’’ with references to ‘‘contra-side
                                                                                                          other technical specifications as may be              NBBO.’’ As set forth in Rule 7.37, Inside
                                                  could never be displayed. The Exchange                  applicable for a specific order or
                                                  proposes to further specify that Reserve                                                                      Limit Orders are priced based on the
                                                                                                          modifier combination. The Exchange,                   NBBO. Accordingly, the Exchange
                                                  Orders may not be designated with an                    therefore, believes that clearly
                                                  Immediate or Cancel (‘‘IOC’’) time-in-                                                                        believes that referencing the NBBO in
                                                                                                          identifying the primary order types in                new Rule 7.31(a)(3) would eliminate the
                                                  force modifier, which would be stated                   Exchange rules would provide
                                                  in new Rule 7.31(d)(2) governing                                                                              need for a market participant to review
                                                                                                          transparency for ETP Holders of how to                two rules, Rules 7.31 and 7.37, to
                                                  Reserve Orders.
                                                                                                          designate orders entered at the
                                                     • Inside Limit Orders designated IOC:                                                                      determine that the term ‘‘best displayed
                                                                                                          Exchange. The proposed primary order                  price’’ refers to the NBBO. The
                                                  Inside Limit Orders, which are currently
                                                  defined in Rule 7.31(d), are limit orders               types would be:                                       Exchange also proposes to add new text
                                                  that, if routed away, are routed to the                    • Market Orders. Current Rule 7.31(a)              to Rule 7.31(a)(3) to clarify that after an
                                                  market participant with the best                        describing Market Orders and related                  Inside Limit Order has been routed to a
                                                  displayed price. If there is an unfilled                subsections would be moved to new                     contra-side NBBO, the Exchange
                                                  portion of such an order, it will not be                Rule 7.31(a)(1). In moving the rule text              displays the Inside Limit Order at that
                                                  routed to the next best price level until               currently set forth in Rule 7.31(a)(3)(A),            now-exhausted contra-side NBBO price
                                                  all quotes at the current best bid or offer             the Exchange proposes non-substantive                 while the Exchange waits for an
                                                  are exhausted. The Exchange proposes                    revisions to delete the phrase ‘‘unless               updated NBBO to be displayed. As
                                                  to specify that Inside Limit Orders may                 marked IOC’’ because Market Orders                    provided for in the current rule, once a
                                                  not be designated IOC because the                       cannot be designated IOC 10 and to                    new contra-side NBBO is displayed, the
                                                  Exchange believes that the IOC time-in-                 capitalize the terms ‘‘Market Order’’. In             Exchange will route to that single price
                                                  force modifier is inconsistent with the                 addition, the Exchange proposes a                     point and continue such assessment at
                                                  purpose of an Inside Limit Order, which                 clarifying change to the second sentence              each new contra-side NBBO until the
                                                  is to wait for each price point to be                   of current Rule 7.31(a), which currently              order is filled or no longer marketable.
                                                  cleared before being executed or routed                 provides that Market Orders shall be                  In addition, to effect the above-
                                                  to additional price points. This change                 rejected if there is no bid or offer.                 described proposal to provide that
                                                  would be included in new Rule                           Because such rejection is based on                    Inside Limit Orders may not be
                                                  7.31(a)(3).                                             whether there is a contra-side bid or                 designated IOC, the Exchange proposes
                                                     • PNP Blind Orders: Rule 7.31(mm)                    offer (i.e., a Market Order to sell is                to add to new Rule 7.31(a)(3)(D) that an
                                                  currently specifies that a PNP Blind                    rejected if there is no bid), the Exchange            Inside Limit Order may not be
                                                  order may be combined with an Add                       proposes to clarify this sentence in new              designated as IOC. Because an Inside
                                                  Liquidity Only (‘‘ALO’’) Order. The                     Rule 7.31(a)(1) to provide that ‘‘Market              Limit Order may still be designated as
                                                  Exchange proposes to amend the rule                     Orders are rejected if there is no contra-            NOW, which is a distinct time-in-force
                                                  text governing PNP Blind to provide                     side bid or offer.’’
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                                                                                                                                                                modifier from IOC, the Exchange also
                                                  that a PNP Blind order that is combined                    • Limit Orders. Current Rule 7.31(b)               proposes to add to new Rule
                                                  with an ALO modifier may not also be                    describing Limit Orders and related                   7.31(a)(3)(D) that an Inside Limit Order
                                                                                                          subsections would be moved to new                     may be designated as NOW. The
                                                     9 The Exchange also proposes non-substantive
                                                                                                                                                                Exchange further proposes non-
                                                  changes to Rule 7.37 to delete references to              10 In the 2013 Deletion Filing, the Exchange

                                                  ‘‘reserved’’ and re-number the rule text accordingly.   amended the definition of IOC to specify that it is
                                                                                                                                                                substantive changes to the rule text
                                                  Current Rule 7.37(b)(2)(A)(ii), as amended, would       only available for Limit Orders. See 2013 Deletion    governing Inside Limit Orders to
                                                  be renumbered to Rule 7.37(b)(1)(A).                    Filing, supra n. 7.                                   separate the existing text into sub-


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                                                                                    Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices                                           12539

                                                  sections, which the Exchange believes                     eligible for an auction on the Exchange               use the Inside Limit Order primary
                                                  would make the rule text easier to                        or if an auction is suspended pursuant                order type (and related technical
                                                  navigate.                                                 to Rule 7.35(g).                                      identifier). Because a Passive Liquidity
                                                     Proposed new subsection (b) of Rule                       Proposed new subsection (d) of Rule                Order is by definition an undisplayed
                                                  7.31 would set forth the Time in Force                    7.31 would specify the Exchange’s                     order, and because the Exchange is
                                                  Modifiers that the Exchange makes                         Working Orders, which are currently                   proposing to delete reference to Passive
                                                  available for orders entered at the                       defined in Rule 7.31(h). As noted above,              Liquidity Order as part of the MPL
                                                  Exchange. In the 2013 Review Filing,                      the Exchange proposes to eliminate                    Order definition, the Exchange proposes
                                                  the Exchange grouped its existing time-                   AON Orders. Accordingly, [sic]                        to specify that MPL Orders are
                                                  in-force modifiers together in current                       • Discretionary Orders. Current Rule               undisplayed. This proposed addition to
                                                  Rule 7.31(c).11 As proposed, Rule                         7.31(h)(2) would be moved to new Rule                 the definition of MPL Orders is non-
                                                  7.31(c) would be redesignated as Rule                     7.31(d)(1) without any substantive                    substantive because Passive Liquidity
                                                  7.31(b), without changing the rule text.                  changes to the rule text (the Exchange                Orders are undisplayed orders and,
                                                     In addition, the Exchange proposes to                  would capitalize the term ‘‘Limit                     thus, the current description of MPL
                                                  move the rule text governing NOW                          Order’’).                                             Orders as Passive Liquidity Orders
                                                  Orders, currently in Rule 7.31(v), to new                    • Reserve Orders. Current Rule                     incorporates the undisplayed
                                                  Rule 7.31(b)(5). The Exchange believes                    7.31(h)(3) would be moved to new Rule                 functionality of MPL Orders.
                                                  that ‘‘NOW Orders’’ are appropriately                     7.31(d)(2) and the Exchange proposes                     The Exchange also proposes to
                                                  included with the time-in-force                           non-substantive changes to capitalize                 include new text that explicitly states
                                                  modifiers because a NOW Order                             the term ‘‘Limit Order’’ and delete a                 that an incoming order marketable
                                                  designation provides for an immediate                     duplicative use of the word ‘‘Order.’’ To             against a resting MPL Order with
                                                  execution of an order in whole or in part                 effect the change described above that                minimum execution size specifications
                                                  on the Exchange with the unexecuted                       Reserve Orders may not be designated                  will not execute against such MPL
                                                  portion routed to away markets                            IOC, the Exchange proposes to add to                  Order unless it meets the minimum size
                                                  consistent with Rule 7.37(d), and the                     new Rule 7.31(d)(2) that Reserve Orders               restrictions and, instead, will trade
                                                  portion not so executed cancelled. The                    may not be designated IOC. The                        through such MPL Order. The Exchange
                                                  Exchange also believes that the ‘‘NOW’’                   Exchange also proposes to clarify that                believes this additional rule language
                                                  designation is more appropriately                         the existing requirement that Reserve                 would provide clarity and transparency
                                                  described as a modifier rather than as an                 Orders be in round lots applies to the                that when an MPL Order also includes
                                                  order, and therefore proposes to re-name                  displayed quantity of the Reserve Order.              a minimum execution size, it may be
                                                  it as a ‘‘NOW Modifier’’ and make                            • Passive Liquidity Orders. Current                traded through by incoming marketable
                                                  conforming changes in other Exchange                      Rule 7.31(h)(4) would be moved to new                 orders that do not satisfy the minimum
                                                  rules. In addition, the Exchange notes                    Rule 7.31(d)(3). The Exchange notes that              execution size condition.
                                                  that it routes orders designated NOW to                   Rule 7.31(h)(4) currently provides that                  • MPL–IOC Order. Current Rule
                                                  all available quotes in the routing                       ‘‘[a] Passive Liquidity Order must be                 7.31(h)(6) would be moved to new Rule
                                                  determination, consistent with Rule                       designated as an Inside Limit Order.’’                7.31(d)(5) without any substantive
                                                  7.37(d)(2). The Exchange therefore                        This requirement refers to the identifier             changes to the rule text.
                                                  proposes to delete the references in the                  associated with entering Passive                         Proposed new subsection (e) of Rule
                                                  rule text to NOW recipients and replace                   Liquidity Orders at the Exchange. The                 7.31 would specify the Exchange’s
                                                  such references with rule text that                       description of how Passive Liquidity                  existing order types that, by definition,
                                                  specifies that orders with a NOW                          Orders operate is in current Rule                     do not route. The order types proposed
                                                  modifier would be routed to all                           7.31(h)(4), and proposed new Rule                     to be included in this new subsection
                                                  available quotations in the routing                       7.31(d)(3). As noted above, the                       are:
                                                  determination, including Protected                        Exchange now proposes to separately                      • ALO Order. Current Rule 7.31(nn)
                                                  Quotations.                                               define the Exchange’s primary order                   would be moved to new Rule 7.31(e)(1).
                                                     Proposed new subsection (c) of Rule                    types. In connection with this proposal,              The current rule provides that an ALO
                                                  7.31 would specify the Exchange’s                         the Exchange proposes to reorganize the               must be designated as either a PNP or
                                                  existing Auction-Only Orders, which                       description of Passive Liquidity Orders               MPL and the Exchange proposes to
                                                  the Exchange last revised in the 2013                     to delete the separate phrase ‘‘[a]                   clarify that the reference to PNP
                                                  Deletion Filing.12 The Exchange                           Passive Liquidity Order must be                       includes PNP Blind orders. This
                                                  proposes non-substantive changes to the                   designated as an Inside Limit Order’’                 proposed change does not alter any
                                                  definitions of Limit-on-Open Orders,                      and replace the term ‘‘order’’ in the first           existing functionality associated with
                                                  Market-on-Open Orders, Limit-on-Close                     sentence of the rule with a reference to              ALO because PNP Blind orders are by
                                                  Orders, and Market-on-Close Orders,                       ‘‘Inside Limit Order.’’ The Exchange                  definition PNP Orders. The Exchange
                                                  which would be defined in proposed                        also proposes to clarify that a Passive               further notes that all functionality
                                                  Rule 7.31(c)(1)–(4), respectively. The                    Liquidity Order does not route.                       associated with PNP Orders, including
                                                  Exchange further proposes to delete rule                     • Mid-Point Passive Liquidity                      the ability to be designated ISO, are
                                                  text in proposed Rules 7.31(c)(1), (c)(2),                (‘‘MPL’’) Orders. Current Rule 7.31(h)(5)             applicable to PNP Orders that are
                                                  (c)(3), and (c)(4), as duplicative of the                 would be moved to new Rule 7.31(d)(4).                designated ALO.
                                                  general definition of Auction Only                        The Exchange proposes to make non-                       • Intermarket Sweep Order. Current
                                                  Orders in proposed new Rule 7.31(c).                      substantive changes to the rule text to               Rule 7.31(jj) would be moved to new
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                                                  The Exchange further proposes to add to                   make it easier to read, including adding              Rule 7.31(e)(2) without any substantive
                                                  Rule 7.31(c) existing rule text from these                new subsections and deleting obsolete                 changes to the rule text (the Exchange
                                                  subsections, as modified, that the                        rule text and capitalizing the term                   would capitalize the term ‘‘Limit
                                                  Exchange would reject any Auction-                        ‘‘Limit Order.’’ The Exchange also                    Order’’).
                                                  Only Orders in securities that are not                    proposes to specify that the primary                     • PNP Order (Post No Preference).
                                                                                                            order type for an MPL Order is a Limit                Current Rule 7.31(w) would be moved
                                                    11 See   2013 Review Filing, supra n. 6.                Order rather than a Passive Liquidity                 to new Rule 7.31(e)(3). Because PNP
                                                    12 See   2013 Deletion Filing, supra n. 7.              Order because an MPL Order does not                   Orders cannot be combined with Inside


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                                                  12540                          Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices

                                                  Limit Orders, the Exchange proposes to                  Rule 7.31(f)(2) without any substantive               Closing Auction for NYSE-listed
                                                  delete the following rule text: ‘‘A PNP                 changes to the rule text (the Exchange                securities subject to a sub-penny trading
                                                  Inside Limit Order shall not lock or                    would capitalize the term ‘‘Limit                     condition under NYSE Rule 123D, as
                                                  cross Manual Quotations’’ when moving                   Order’’).                                             that condition no longer exists on
                                                  the rule text to new Rule 7.31(e)(3). The                  • Primary After 3:55 Order. Current                NYSE. In addition, because the
                                                  Exchange proposes a non-substantive                     Rule 7.31(pp) would be moved to new                   Exchange does not run a Market Order
                                                  change to the rule text to capitalize the               Rule 7.31(f)(3) without any substantive               Auction in Nasdaq-listed securities
                                                  term ‘‘Limit Order.’’                                   changes to the rule text (the Exchange                (other than of Derivative Securities
                                                     • PNP Blind. Current Rule 7.31(mm)                   would capitalize the term ‘‘Limit                     Products as defined in Rule
                                                  would be moved to new Rule 7.31(e)(4)                   Order’’).                                             7.34(a)(4)(A), and as specified in Rule
                                                  without any substantive changes to the                     Proposed new subsection (g) of Rule                7.35(c)), the Exchange proposes to
                                                  rule text (the Exchange would capitalize                7.31 would include the Exchange’s                     delete all references to Nasdaq-Listed
                                                  the term ‘‘PNP Order’’). As discussed                   other existing order instructions and                 securities and related rule text in Rules
                                                  above, the Exchange proposes to                         modifiers, including:                                 7.35(c)(1)(B), (c)(2)(B), and (c)(3)(B).
                                                  provide in new Rule 7.31(e)(4) that a                      • Pegged Order. Current Rule 7.31(cc)              Similarly, because the Exchange only
                                                  PNP Blind order combined with ALO                       would be moved to new Rule 7.31(g)(1)                 runs a Trading Halt Auction in
                                                  may not be designated as a Reserve                      without any substantive changes to the                securities that are listed on the
                                                  Order.                                                  rule text (the Exchange would capitalize              Exchange, the Exchange proposes to
                                                     • Cross Order. Because Cross Orders                  the term ‘‘Limit Order’’).                            delete references to how Trading Halt
                                                  do not route, the Exchange proposes to                     • Proactive if Locked Modifier.                    Auctions operate for securities other
                                                  move current Rule 7.31(s) to new Rule                   Current Rule 7.31(hh) would be moved                  than those listed on the Exchange, and
                                                  7.31(e)(5) without any changes to the                   to new Rule 7.31(g)(2) without any                    as currently described in Rules
                                                  rule text.13                                            substantive changes to the rule text (the             7.35(f)(1)(A) and (B), (f)(4)(A), and
                                                     • Tracking Order. Current Rule 7.31(f)               Exchange would capitalize the term                    (f)(4)(B), and re-number existing Rule
                                                  would be moved to new Rule 7.31(e)(6).                  ‘‘Limit Order’’).                                     7.36(f)(4)(C) as Rule 7.36(f)(4);
                                                  The Exchange proposes to make the                          • Do Not Reduce Modifier. Current                     • Amend Rule 7.36 to capitalize the
                                                  following clarifying changes to the rule                Rule 7.31(n) would be moved to new                    term ‘‘Limit Order’’; and Amend Rule
                                                  text. First, the Exchange is proposing to               Rule 7.31(g)(3) without any substantive               7.37 to capitalize the term ‘‘Reserve
                                                  clarify that a Tracking Order is eligible               changes to the rule text (the Exchange                Order,’’ use the term ‘‘ISO’’ instead of
                                                  to execute against a contra-side order                  would capitalize the term ‘‘Limit                     ‘‘Intermarket Sweep Order,’’ replace the
                                                  equal to or less than the size of a                     Order’’).                                             term ‘‘Limited Price Order’’ with the
                                                  Tracking Order and to specify that that                    • Do Not Increase Modifier. Current                term ‘‘Limit Order,’’ remove references
                                                  the size requirement relates to                         Rule 7.31(o) would be moved to new                    to the term ‘‘Reserved’’ from current
                                                  comparing the incoming contra-side                      Rule 7.31(g)(4) without any substantive               Rule 7.37(a) and (b) and re-number the
                                                  order to the size of a resting Tracking                 changes to the rule text (the Exchange                subsections of the rule accordingly, and
                                                  Order, not Tracking Orders in the                       would capitalize the term ‘‘Limit                     update the cross-reference to the rule
                                                  aggregate. Second, because Tracking                     Order’’).                                             cite for Passive Liquidity Orders in new
                                                  Orders execute at the price of the same-                   • Self Trade Prevention Modifier                   Rule 7.37(a)(1).
                                                  side NBBO, provided such price is equal                 (‘‘STP’’). Current Rule 7.31(qq) would be                The Exchange also proposes to amend
                                                  to or better than the price of the                      moved to new Rule 7.31(g)(5) without                  Rule 7.36 to clarify how the Exchange
                                                  Tracking Order, the Exchange proposes                   any substantive changes.                              treats non-marketable odd-lot orders
                                                  to clarify in new Rule 7.31(e)(6) that a                   Finally, proposed new subsection (h)               that are priced better than the best-
                                                  Tracking Order will execute at the price                of Rule 7.31 would describe Q Orders,                 priced round lot interest at the
                                                  of the same-side NBBO provided that                     an existing order type available for                  Exchange for purposes of determining
                                                  such price shall not trade through a                    Exchange Market Makers, which are                     the best ranked displayed order(s) on
                                                  Protected Quotation or the price of the                 currently defined in Rule 7.31(k). In                 the Exchange. Specifically, when
                                                  Tracking Order.                                         moving the rule text, the Exchange                    disseminating the Exchange’s best
                                                     Proposed new subsection (f) of Rule                  proposes to delete the subsections                    ranked displayed orders to either the
                                                  7.31 would specify the Exchange’s                       marked ‘‘reserved’’ and renumber the                  Consolidated Quotation System (for
                                                  existing order types that by definition,                remaining subsections accordingly. The                Tape A and B securities) or the UTP
                                                  include specified routing instructions.                 Exchange also proposes to clarify in                  Plan (for Tape C securities) (together,
                                                  As noted above, the Exchange proposes                   new Rule 7.31(h)(3) that Q Orders do                  the ‘‘public data feeds’’), the Exchange
                                                  to delete Primary Sweep Orders.                         not route.                                            aggregates non-marketable odd-lot
                                                  Accordingly, new subsection (f) would                                                                         interest at multiple price points and if
                                                                                                          Additional Proposed Amendments                        they equal a round lot or more, displays
                                                  not include Primary Sweep Orders. The
                                                                                                            To reflect the changes proposed to                  the aggregated odd-lot orders in a round
                                                  order types proposed to be included in
                                                                                                          Rule 7.31, the Exchange proposes to                   lot quantity at the least aggressive price
                                                  this new subsection are:
                                                     • Primary Only Order (‘‘PO Order’’).                 make conforming, non-substantive                      at which such odd-lot sized orders can
                                                  Current Rule 7.31(x) would be moved to                  changes to Rules 7.35, 7.36, and 7.37, as             be aggregated to equal at least a round
                                                  new Rule 7.31(f)(1) without any                         follows:                                              lot. For example, if the Exchange has a
                                                                                                            • Amend Rule 7.35 to capitalize the                 bid of 100 shares at 10.00, 50 shares at
                                                  substantive changes to the rule text (the
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                                                                                                          terms ‘‘Market Order’’ and ‘‘Limit                    10.01 and 60 shares at 10.02, the
                                                  Exchange would capitalize the terms
                                                                                                          Order,’’ replace the term ‘‘Limited                   Exchange’s best bid published to the
                                                  ‘‘Limit Order’’ and ‘‘Market Order’’).
                                                                                                          Priced Order’’ with the term ‘‘Limit                  public data feeds would be 100 shares
                                                     • Primary Until 9:45 Order. Current
                                                                                                          Order,’’ and use the terms ‘‘LOC Order’’              at 10.01. Similarly, if the Exchange has
                                                  Rule 7.31(oo) would be moved to new
                                                                                                          and ‘‘MOC Order’’ instead of ‘‘Limit-on-              an offer of 100 shares at 10.05, 50 shares
                                                    13 The Exchange revised its Cross Order               Close Order’’ and ‘‘Market-on-Close                   at 10.04, and 60 shares at 10.03, the
                                                  functionality in the 2013 Deletion Filing. See 2013     Order.’’ In Rule 7.35(e), the Exchange                Exchange’s best offer published to the
                                                  Deletion Filing, supra n. 7.                            proposes to delete the reference to a                 public data feeds would be 100 shares


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                                                                                 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices                                             12541

                                                  at 10.04. To reflect this clarification, the            investors will not be harmed and in fact              marketable contra-side orders execute in
                                                  Exchange proposes to amend Rule                         would benefit from the removal of                     price-time priority against resting odd-
                                                  7.36(c) to provide that if non-marketable               complex functionality. The Exchange                   lot orders priced better than resting
                                                  odd-lot sized orders at different price                 further believes that removing cross-                 round-lot orders, the Exchange believes
                                                  points equal at least a round lot, such                 references to AON in Rules 7.36 and                   that it is appropriate to display such
                                                  odd-lot sized orders would be displayed                 7.37 would remove impediments to and                  odd-lot interest on the public data feeds
                                                  as the best ranked displayed orders to                  perfect the mechanism of a free and                   as the Exchange’s best bid or offer if in
                                                  sell (buy) at the least aggressive price at             open market because it would reduce                   the aggregate, they equal a round lot or
                                                  which such odd-lot sized orders can be                  potential confusion that may result from              more. The Exchange further believes
                                                  aggregated to equal at least a round lot.               having such cross references in the                   that aggregating such odd-lot orders at
                                                     Finally, the Exchange proposes to                    Exchange’s rulebook. Removing such                    the least aggressive price point from
                                                  amend Rule 7.38(a)(1) regarding Odd                     obsolete cross references would also                  among those odd-lot orders would
                                                  Lots to specify the order types that may                further the goal of transparency and add              remove impediments to and perfect the
                                                  not be entered as odd lots. Currently,                  clarity to the Exchange’s rules.                      mechanism of a free and open market
                                                  Rule 7.38(a)(1) provides that odd lot                      The Exchange further believes that the             because it represents the lowest possible
                                                  orders may not be Working Orders,                       proposed restructuring of Rule 7.31, to               execution price (for incoming sell
                                                  Tracking Orders, etc. However, to reflect               group existing order types to align by                orders) or highest possible execution
                                                  certain amendments to Rule 7.31, which                  functionality, delete subsections marked              price (for incoming buy orders). The
                                                  were not incorporated in Rule 7.38,14                   ‘‘reserved’’, and clarify rule text also              Exchange notes that the incoming
                                                  and to provide more specificity, the                    would remove impediments to and                       marketable interest would receive price
                                                  Exchange proposes to clarify Rule                       perfect the mechanism of a free and                   improvement when executing against
                                                  7.38(a)(1) to provide that the following                open market by ensuring that members,                 any odd-lot orders priced better than the
                                                  orders may not be entered as odd lots:                  regulators, and the public can more                   aggregated displayed price.
                                                  Reserve Orders, MPL–IOC Orders,                         easily navigate the Exchange’s rulebook
                                                                                                          and better understand the order types                 B. Self-Regulatory Organization’s
                                                  Tracking Orders, and Q Orders. The
                                                                                                          available for trading on the Exchange.                Statement on Burden on Competition
                                                  Exchange also proposes a non-
                                                  substantive change to Rule 7.38(a)(2) to                The Exchange believes that the related,                 The Exchange does not believe that
                                                  remove an extraneous period at the end                  proposed conforming changes to Rules                  the proposed rule change will impose
                                                  of the sentence.                                        7.35, 7.36, 7.37 and 7.38 similarly                   any burden on competition that is not
                                                                                                          would remove impediments to and                       necessary or appropriate in furtherance
                                                  2. Statutory Basis                                      perfect the mechanism of a free and                   of the purposes of the Act. The
                                                     The proposed rule change is                          open market by assuring consistency of                proposed change is not designed to
                                                  consistent with Section 6(b) of the                     terms used in the Exchange’s rulebook.                address any competitive issue but rather
                                                  Securities Exchange Act of 1934 (the                    The Exchange also believes that the                   would remove complex functionality
                                                  ‘‘Act’’),15 in general, and furthers the                proposed amendment to Rule 7.38 to                    and re-structure Rule 7.31 and make
                                                  objectives of Section 6(b)(5),16 in                     specify which orders may not be odd                   conforming changes to related Exchange
                                                  particular, because it is designed to                   lots provides more specificity to the                 rules, thereby reducing confusion and
                                                  prevent fraudulent and manipulative                     Exchange’s rulebook, thereby similarly                making the Exchange’s rules easier to
                                                  acts and practices, to promote just and                 promoting transparency and thus                       navigate.
                                                  equitable principles of trade, to foster                removing impediments and perfecting
                                                                                                          the mechanism of a free and open                      C. Self-Regulatory Organization’s
                                                  cooperation and coordination with                                                                             Statement on Comments on the
                                                  persons engaged in facilitating                         market.
                                                                                                             Finally, the Exchange believes that                Proposed Rule Change Received From
                                                  transactions in securities, to remove                                                                         Members, Participants, or Others
                                                                                                          the proposed amendment to Rule 7.36 to
                                                  impediments to, and perfect the
                                                                                                          specify how the Exchange aggregates                     No written comments were solicited
                                                  mechanism of, a free and open market
                                                                                                          non-marketable odd-lot sized orders at                or received with respect to the proposed
                                                  and a national market system and, in
                                                                                                          multiple price points that equal a round              rule change.
                                                  general, to protect investors and the
                                                                                                          lot for purposes of determining the
                                                  public interest. Specifically, the                                                                            III. Date of Effectiveness of the
                                                                                                          Exchange’s best ranked displayed
                                                  Exchange believes that eliminating AON                                                                        Proposed Rule Change and Timing for
                                                                                                          order(s) would remove impediments to
                                                  and PSO Orders, as well as reducing                                                                           Commission Action
                                                                                                          and perfect the mechanism of a free and
                                                  specified order type combinations,                      open market and a national market
                                                  would remove impediments to and                                                                                  Within 45 days of the date of
                                                                                                          system because it provides greater                    publication of this notice in the Federal
                                                  perfect the mechanism of a free and                     specificity regarding how the Exchange
                                                  open market by simplifying                                                                                    Register or up to 90 days (i) as the
                                                                                                          determines its best bid or offer for                  Commission may designate if it finds
                                                  functionality and complexity of its order               display on the public data feeds. The
                                                  types. The Exchange believes that                                                                             such longer period to be appropriate
                                                                                                          Exchange further believes that it would               and publishes its reasons for so finding
                                                  eliminating these order types would be                  remove impediments to and perfect the
                                                  consistent with the public interest and                                                                       or (ii) as to which the self-regulatory
                                                                                                          mechanism of a free and open market                   organization consents, the Commission
                                                  the protection of investors because                     and a national market system to                       will:
                                                    14 E.g., In 2011, the Exchange amended Rule
                                                                                                          aggregate such non-marketable odd-lot                    (A) by order approve or disapprove
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  7.31(h)(5) to lower the minimum order entry size        orders because pursuant to Rule 7.38(b),              the proposed rule change, or
                                                  to one share for MPL Orders. See Securities             odd-lot orders are ranked and executed                   (B) institute proceedings to determine
                                                  Exchange Act Release No. 64523 (May 19, 2011), 76       in the same manner as round lot orders,               whether the proposed rule change
                                                  FR 30417 (May 24, 2011) (SR–NYSEArca-2011–29)           and therefore, incoming marketable
                                                  (Notice of filing of proposed rule change amending
                                                                                                                                                                should be disapproved.
                                                  Rule 7.31(h)(5) to reduce the minimum order entry
                                                                                                          contra-side orders would execute
                                                                                                          against resting non-marketable odd-lot                IV. Solicitation of Comments
                                                  size of MPL Orders from 100 shares to one share).
                                                    15 15 U.S.C. 78f(b).                                  orders that represent the best price on                 Interested persons are invited to
                                                    16 15 U.S.C. 78f(b)(5).                               the Exchange. Because arriving                        submit written data, views, and


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                                                  12542                            Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices

                                                  arguments concerning the foregoing,                       SMALL BUSINESS ADMINISTRATION                         by the Office of Management and
                                                  including whether the proposed rule                                                                             Budget (OMB) in compliance with
                                                                                                            [License No. 03/03–0236]
                                                  change is consistent with the Act.                                                                              Public Law 104–13, the Paperwork
                                                  Comments may be submitted by any of                       Legg Mason SBIC Mezzanine Fund,                       Reduction Act of 1995, effective October
                                                  the following methods:                                    L.P.; Notice Seeking Exemption Under                  1, 1995. This notice includes revisions
                                                                                                            Section 312 of the Small Business                     and an extension of OMB-approved
                                                  Electronic Comments
                                                                                                            Investment Act, Conflicts of Interest                 information collections.
                                                    • Use the Commission’s Internet                                                                                  SSA is soliciting comments on the
                                                  comment form (http://www.sec.gov/                            Notice is hereby given that Legg                   accuracy of the agency’s burden
                                                  rules/sro.shtml); or                                      Mason SBIC Mezzanine Fund, L.P.,                      estimate; the need for the information;
                                                    • Send an email to rule-comments@                       2330 W. Joppa Road, Suite 320,                        its practical utility; ways to enhance its
                                                  sec.gov. Please include File Number SR–                   Lutherville, MD 21093, a Federal                      quality, utility, and clarity; and ways to
                                                  NYSEArca–2015–08 on the subject line.                     Licensee under the Small Business                     minimize burden on respondents,
                                                  Paper Comments                                            Investment Act of 1958, as amended                    including the use of automated
                                                                                                            (the ‘‘Act’’), in connection with the                 collection techniques or other forms of
                                                     • Send paper comments in triplicate                    financing of a small concern, has sought
                                                  to Brent J. Fields, Secretary, Securities                                                                       information technology. Mail, email, or
                                                                                                            an exemption under Section 312 of the                 fax your comments and
                                                  and Exchange Commission, 100 F Street                     Act and Section 107.730, Financings
                                                  NE., Washington, DC 20549–1090.                                                                                 recommendations on the information
                                                                                                            which Constitute Conflicts of Interest of             collection(s) to the OMB Desk Officer
                                                  All submissions should refer to File                      the Small Business Administration                     and SSA Reports Clearance Officer at
                                                  Number SR–NYSEArca–2015–08. This                          (‘‘SBA’’) Rules and Regulations (13 CFR               the following addresses or fax numbers.
                                                  file number should be included on the                     107.730). Legg Mason SBIC Mezzanine
                                                  subject line if email is used. To help the                Fund, L.P. has provided equity                        (OMB)
                                                  Commission process and review your                        financing to Die Cast Holdings, Inc.,
                                                  comments more efficiently, please use                                                                             Office of Management and Budget,
                                                                                                            3400 Wentworth Drive SW., Wyoming,                    Attn: Desk Officer for SSA, Fax: 202–
                                                  only one method. The Commission will                      MI 49509. The proceeds were used to
                                                  post all comments on the Commission’s                                                                           395–6974, Email address: OIRA_
                                                                                                            recapitalize the company.                             Submission@omb.eop.gov.
                                                  Internet Web site (http://www.sec.gov/                       The financing is brought within the
                                                  rules/sro.shtml). Copies of the                           purview of § 107.730(a)(1) of the                     (SSA)
                                                  submission, all subsequent                                Regulations because an individual that
                                                  amendments, all written statements                        was an employee of Legg Mason SBIC                       Social Security Administration,
                                                  with respect to the proposed rule                         Mezzanine Fund, L.P.’s investment                     OLCA, Attn: Reports Clearance Director,
                                                  change that are filed with the                            advisor at the time of the financing                  3100 West High Rise, 6401 Security
                                                  Commission, and all written                               became an officer of Die Cast Holdings,               Blvd., Baltimore, MD 21235, Fax: 410–
                                                  communications relating to the                            Inc. within the six month period                      966–2830, Email address:
                                                  proposed rule change between the                          following the financing, and therefore                OR.Reports.Clearance@ssa.gov.
                                                  Commission and any person, other than                     this transaction is considered financing                 Or you may submit your comments
                                                  those that may be withheld from the                       an Associate requiring SBA prior                      online through www.regulations.gov,
                                                  public in accordance with the                             written exemption.                                    referencing Docket ID Number [SSA–
                                                  provisions of 5 U.S.C. 552, will be                          Notice is hereby given that any                    2015–0008].
                                                  available for Web site viewing and                        interested person may submit written                     The information collections below are
                                                  printing in the Commission’s Public                       comments on the transaction within                    pending at SSA. SSA will submit them
                                                  Reference Room, 100 F Street, NE.,                        fifteen days of the date of this                      to OMB within 60 days from the date of
                                                  Washington, DC 20549, on official                         publication to the Associate                          this notice. To be sure we consider your
                                                  business days between the hours of                        Administrator for the Office of                       comments, we must receive them no
                                                  10:00 a.m. and 3:00 p.m. Copies of the                    Investment and Innovation, U.S. Small                 later than May 8, 2015. Individuals can
                                                  filing also will be available for                         Business Administration, 409 Third                    obtain copies of the collection
                                                  inspection and copying at the principal                   Street SW., Washington, DC 20416.                     instruments by writing to the above
                                                  office of the Exchange. All comments                        Dated: February 25, 2015.                           email address.
                                                  received will be posted without change;                   Javier E. Saade,                                         1. Application for Parent’s Insurance
                                                  the Commission does not edit personal                                                                           Benefits—20 CFR 404.370–404.374, and
                                                                                                            Associate Administrator for Office of
                                                  identifying information from                              Investment and Innovation.                            404.601–404.603—0960–0012. Section
                                                  submissions. You should submit only                                                                             202(h) of the Social Security Act
                                                                                                            [FR Doc. 2015–05321 Filed 3–6–15; 8:45 am]
                                                  information that you wish to make                                                                               establishes the conditions of eligibility a
                                                                                                            BILLING CODE 8025–01–P
                                                  available publicly. All submissions                                                                             claimant must meet to receive monthly
                                                  should refer to File Number SR–                                                                                 benefits as a parent of a deceased
                                                  NYSEArca–2015–08 and should be                                                                                  worker. SSA uses information from
                                                  submitted on or before March 30, 2015.                    SOCIAL SECURITY ADMINISTRATION
                                                                                                                                                                  Form SSA–7–F6 to determine if the
                                                    For the Commission, by the Division of                  [Docket No: SSA–2015–0008]                            claimant meets the eligibility and
                                                  Trading and Markets, pursuant to delegated                                                                      application criteria. The respondents are
                                                  authority.17                                              Agency Information Collection                         applicants for, and recipients of, Social
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Brent J. Fields,                                          Activities: Proposed Request                          Security Old Age, Survivors, and
                                                  Secretary.                                                  The Social Security Administration                  Disability Insurance (OASDI).
                                                  [FR Doc. 2015–05291 Filed 3–6–15; 8:45 am]                (SSA) publishes a list of information                    Type of Request: Revision of an OMB-
                                                  BILLING CODE 8011–01–P                                    collection packages requiring clearance               approved information collection.


                                                    17 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-18 12:06:13
Document Modified: 2015-12-18 12:06:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 12537 

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