80_FR_20346 80 FR 20274 - Self-Regulatory Organizations; NYSE MKT, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot Period Applicable to the Customer Best Execution Auction per Rule 971.1 NY, Until July 17, 2015

80 FR 20274 - Self-Regulatory Organizations; NYSE MKT, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot Period Applicable to the Customer Best Execution Auction per Rule 971.1 NY, Until July 17, 2015

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 72 (April 15, 2015)

Page Range20274-20276
FR Document2015-08549

Federal Register, Volume 80 Issue 72 (Wednesday, April 15, 2015)
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Notices]
[Pages 20274-20276]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08549]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74695; File No. SR-NYSEMKT-2015-28]


Self-Regulatory Organizations; NYSE MKT, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot 
Period Applicable to the Customer Best Execution Auction per Rule 971.1 
NY, Until July 17, 2015

April 9, 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 April 7, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The

[[Page 20275]]

Commission is publishing this notice to solicit comments 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 extend the pilot period applicable to the 
Customer Best Execution Auction (``CUBE''), per Rule 971.1NY, until 
July 17, 2015. 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 the 
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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to extend the pilot period applicable to 
certain aspects of the Customer Best Execution--or CUBE--Auction, which 
is currently set to expire on April 24, 2015, until July 17, 2015.\4\
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    \4\ The Exchange notes that the proposed extension would align 
the expiration of the pilot period with that of other competing 
options exchanges that offer electronic price improvement auctions 
similar to the CUBE. See, e.g., ISE Rule 723 Supplementary Material 
.03 (pilot period for price improvement mechanism extended until 
Friday, July 17, 2015); PHLX Rule 1080(n)(vii); (pilot period for 
price improvement mechanism extended until Saturday, July 18, 2015); 
CBOE Rule 6.74A Interpretation and Policies .03 (same); BOX IM-7150-
1 (same). Because July 18, 2015 is a Saturday and the Exchange is 
not open, the Exchange proposes to extend the pilot until Friday, 
July 17, 2015.
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Background
    Rule 971.1NY sets forth an electronic crossing mechanism for 
single-leg orders with a price improvement auction on the Exchange, 
referred to as the CUBE Auction.\5\ The CUBE Auction, which was 
approved in April 2014, is designed to provide price improvement for 
paired orders of any size.\6\ Two aspects of the CUBE were approved for 
a one-year pilot period--Rule 971.1NY(b)(1)(B), which establishes the 
permissible range of executions for CUBE Auctions for fewer than 50 
contracts; and Rule 971.1NY(b)(8), which establishes that the minimum 
size for a CUBE Auction is one contract (together, the ``CUBE Pilot'').
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    \5\ See generally Rule 971.1NY (Electronic Cross Transactions).
    \6\ See Securities Exchange Act Release No. 72025 (April 25, 
2014), 79 FR 24779 (May 1, 2014) (NYSEMKT-2014-17) (the ``CUBE 
Approval Order'').
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    An ATP Holder may initiate a CUBE Auction by electronically 
submitting for execution a limit order it represents as agent on behalf 
of a public customer, broker dealer, or any other entity (``CUBE 
Order'') against principal interest or against any other order it 
represents as agent, provided the initiating ATP Holder complies with 
Rule 971.1NY.\7\ Rule 971.1NY(b)(1) sets forth the permissible range of 
executions for a CUBE Order.\8\ Pursuant to the CUBE Pilot, a CUBE 
Order for fewer than 50 contracts is subject to tighter ranges of 
execution than larger CUBE Orders to maximize price improvement.\9\ 
Specifically, if the CUBE Order is for fewer than 50 contracts, the 
range of permissible execution will be equal to or better than the 
National Best Bid/Offer (``NBBO''), provided that such price must be at 
least one cent better than any displayed interest in the Exchange's 
Consolidated Book.\10\
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    \7\ In addition, CUBE provides for the automatic execution, 
under certain conditions, of a crossing transaction where there is a 
public customer order in the same options series on each side.
    \8\ Subject to specified exceptions, a CUBE Order to buy (sell) 
may execute at prices equal to or between the initiating price as 
the upper (lower) bound and the National Best Bid (``NBB'') 
(National Best Offer (``NBO'')) as the lower (upper) bound. See Rule 
971.1NY(b).
    \9\ See Rule 971.1NY(b)(1)(B). Rule 971.1NY(b)(8), also subject 
to the pilot period, provides that the minimum size for a CUBE 
Auction is one contract. See Rule (b)(8).
    \10\ See Rule 971.1NY(b)(1)(B).
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    The CUBE Pilot was initially approved for a one-year pilot.\11\ 
Pursuant to Commentary .01 to Rule 971.1NY, the CUBE Pilot would, if 
not amended, end on April 24, 2015.\12\ In connection with the CUBE 
Pilot, the Exchange agreed to submit certain data to provide supporting 
evidence that, among other things, there is meaningful competition for 
all size orders and that there is an active and liquid market 
functioning on the Exchange outside of the CUBE Auction.\13\
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    \11\ See CUBE Approval Order, supra, n. 6.
    \12\ See also Commentary .01 to Rule 971.1NY (establishing one-
year pilot period for Rules 971.1NY(b)(1)(B) and 971.1NY(b)(8)).
    \13\ See CUBE Approval Order, supra, n. 6 at 79 FR 24779, at 
24785-86, fn. 94-95. See also Commentary .01 to Rule 971.1NY.
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Proposal To Extend the Operation of the CUBE Pilot
    The Exchange implemented the CUBE Auction to provide an electronic 
crossing mechanism for single-leg orders with a price improvement 
auction. The CUBE Pilot was designed to create tighter markets and 
ensure that each order receives the best possible price. The Exchange 
believes that the CUBE Pilot attracts order flow and promotes 
competition and price improvement opportunities for CUBE Orders of 
fewer than 50 contracts. The Exchange believes that extending the pilot 
period is appropriate because it will allow the Exchange and the 
Commission additional time to analyze data regarding the CUBE Pilot 
that the Exchange has committed to provide.\14\ As such, the Exchange 
believes that it is appropriate to extend the current operation of the 
Pilot. Through this filing, the Exchange seeks to amend Commentary .01 
to Rule 971.1NY and extend the current pilot period until July 17, 
2015.\15\ The Exchange notes that it would retain the text of Rules 
971.1NY(b)(1)(B) and 971.1NY(b)(8). In further support of this proposed 
rule change, the Exchange would continue to submit to the Commission 
detailed data from, and analysis of, the CUBE Pilot.
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    \14\ Id.
    \15\ See proposed Commentary .01 to Rule 971.1NY.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \16\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \17\ in particular, in that it is designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, 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.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that extending the pilot period is consistent 
with these principles because the CUBE Pilot is reasonably designed to 
create tighter markets and ensure that each order receives the best 
possible price, which benefits investors by increasing competition 
thereby maximizing opportunities for price improvement. The proposed 
extension would allow

[[Page 20276]]

the CUBE Pilot to continue uninterrupted, thereby avoiding any 
potential investor confusion that could result from a temporary 
interruption in the CUBE Pilot. Because the CUBE Pilot is applicable to 
all CUBE Orders for fewer than 50 contracts, and to the requirement 
that the minimum size of the CUBE Auction is one contract, the proposal 
to extend the pilot merely acts to maintain status quo on the Exchange, 
which promotes just and equitable principles of trade and removes 
impediments to, and perfects the mechanism of, a free and open market 
and a national market system. The extension of the pilot period will 
allow the Commission and the Exchange to continue to monitor the CUBE 
Pilot to ascertain whether there is meaningful competition for all size 
orders and whether there is an active and liquid market functioning on 
the Exchange outside of the CUBE Auction.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change simply 
extends an established pilot program for an additional period and would 
allow for further analysis of the CUBE Pilot. In addition, the proposed 
extension would allow the CUBE Pilot to continue uninterrupted, thereby 
avoiding any potential investor confusion that could result from a 
temporary interruption in the CUBE Pilot. Thus, the proposal would also 
serve to promote regulatory clarity and consistency, thereby reducing 
burdens on the marketplace and facilitating investor protection.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \18\ and Rule 19b-4(f)(6) thereunder.\19\ 
Because the foregoing proposed rule change does not: (i) Significantly 
affect the protection of investors or the public interest; (ii) impose 
any significant burden on competition; and (iii) become operative for 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \18\ 15 U.S.C. 78s(b)(3)(A)(iii). Rule 19b-4(f)(6) requires a 
self-regulatory organization to give the Commission written notice 
of its intent to file the proposed rule change at least five 
business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
    \19\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\21\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
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    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Commission believes that waiver of the operative delay is 
consistent with the protection of investors and the public interest 
because such waiver will allow the pilot program to continue without 
interruption. Therefore, the Commission designates the proposal 
operative upon filing.\22\
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    \22\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \23\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEMKT-2015-28 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-NYSEMKT-2015-28. 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 such filing also will be available for inspection 
and copying at the principal offices 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-NYSEMKT-2015-28, and should 
be submitted on or before May 6, 2015.
    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-08549 Filed 4-14-15; 8:45 am]
 BILLING CODE 8011-01-P



                                              20274                        Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices

                                              discriminate between customers,                         C. Self-Regulatory Organization’s                     rules/sro.shtml). Copies of the
                                              issuers, brokers or dealers.                            Statement on Comments on the                          submission, all subsequent
                                                 Overall, the Exchange believes that                  Proposed Rule Change Received From                    amendments, all written statements
                                              the proposed changes to IWM pricing                     Members, Participants or Others                       with respect to the proposed rule
                                                                                                        No written comments were solicited                  change that are filed with the
                                              for Manual transactions are reasonable,
                                                                                                      or received with respect to the proposed              Commission, and all written
                                              equitable and not unfairly
                                                                                                      rule change.                                          communications relating to the
                                              discriminatory because the reduced                                                                            proposed rule change between the
                                              rates are based on the executions in                    III. Date of Effectiveness of the                     Commission and any person, other than
                                              IWM transacted on the Exchange. In                      Proposed Rule Change and Timing for                   those that may be withheld from the
                                              addition, the Exchange believes the                     Commission Action                                     public in accordance with the
                                              proposed fees are reasonable, equitable                    The foregoing rule change is effective             provisions of 5 U.S.C. 552, will be
                                              and not unfairly discriminatory because                 upon filing pursuant to Section                       available for Web site viewing and
                                              the fees are designed to incentivize IWM                19(b)(3)(A) 12 of the Act and                         printing in the Commission’s Public
                                              Participants to conduct Manual trades                   subparagraph (f)(2) of Rule 19b–4 13                  Reference Room, 100 F Street NE.,
                                              in IWM and apply equally to all IWM                     thereunder, because it establishes a due,             Washington, DC 20549, on official
                                              Participants.10 The Exchange believes                   fee, or other charge imposed by the                   business days between the hours of
                                              the proposed fee changes may result in                  Exchange.                                             10:00 a.m. and 3:00 p.m. Copies of such
                                              an increase in volume and liquidity to                     At any time within 60 days of the                  filing also will be available for
                                              the Exchange, which would provide                       filing of such proposed rule change, the              inspection and copying at the principal
                                              more trading opportunities and tighter                  Commission summarily may                              office of the Exchange. All comments
                                              spreads, to the benefit of all market                   temporarily suspend such rule change if               received will be posted without change;
                                              participants even non-IWM Participants,                 it appears to the Commission that such                the Commission does not edit personal
                                              all of which perfects the mechanism for                 action is necessary or appropriate in the             identifying information from
                                              a free and open market and national                     public interest, for the protection of                submissions. You should submit only
                                                                                                      investors, or otherwise in furtherance of             information that you wish to make
                                              market system.
                                                                                                      the purposes of the Act. If the                       available publicly. All submissions
                                                 For these reasons, the Exchange                      Commission takes such action, the                     should refer to File Number SR–
                                              believes that the proposal is consistent                Commission shall institute proceedings                NYSEArca–2015–28 and should be
                                              with the Act.                                           under Section 19(b)(2)(B) 14 of the Act to            submitted on or before May 6, 2015.
                                              B. Self-Regulatory Organization’s                       determine whether the proposed rule                     For the Commission, by the Division of
                                              Statement on Burden on Competition                      change should be approved or                          Trading and Markets, pursuant to delegated
                                                                                                      disapproved.                                          authority.15
                                                 In accordance with Section 6(b)(8) of                                                                      Brent J. Fields,
                                                                                                      IV. Solicitation of Comments                          Secretary.
                                              the Act,11 the Exchange does not believe
                                              that the proposed rule change will                        Interested persons are invited to                   [FR Doc. 2015–08548 Filed 4–14–15; 8:45 am]
                                              impose any burden on competition that                   submit written data, views and                        BILLING CODE 8011–01–P
                                              is not necessary or appropriate in                      arguments concerning the foregoing,
                                              furtherance of the purposes of the Act.                 including whether the proposed rule
                                              The Exchange believes the proposed                      change is consistent with the Act.                    SECURITIES AND EXCHANGE
                                                                                                      Comments may be submitted by any of                   COMMISSION
                                              fees associated with IWM are pro-
                                                                                                      the following methods:
                                              competitive as they may attract more                                                                          [Release No. 34–74695; File No. SR–
                                              volume and liquidity to the Exchange                    Electronic Comments                                   NYSEMKT–2015–28]
                                              through the proposed reduced rates,                       • Use the Commission’s Internet                     Self-Regulatory Organizations; NYSE
                                              which would benefit all Exchange                        comment form (http://www.sec.gov/                     MKT, LLC; Notice of Filing and
                                              participants through increased                          rules/sro.shtml); or                                  Immediate Effectiveness of Proposed
                                              opportunities to trade as well as                         • Send an email to rule-comments@                   Rule Change To Extend the Pilot
                                              enhancing price discovery.                              sec.gov. Please include File Number SR–               Period Applicable to the Customer
                                                 The Exchange notes that it operates in               NYSEArca–2015–28 on the subject line.                 Best Execution Auction per Rule 971.1
                                              a highly competitive market in which                    Paper Comments                                        NY, Until July 17, 2015
                                              market participants can readily favor                      • Send paper comments in triplicate                April 9, 2015.
                                              competing venues. In such an                            to Brent J. Fields, Secretary, Securities                Pursuant to Section 19(b)(1) 1 of the
                                              environment, the Exchange must                          and Exchange Commission, 100 F Street                 Securities Exchange Act of 1934 (the
                                              continually review, and consider                        NE., Washington, DC 20549.                            ‘‘Act’’),2 and Rule 19b–4 thereunder,3
                                              adjusting, its fees and credits to remain               All submissions should refer to File                  notice is hereby given that on April 7,
                                              competitive with other exchanges. For                   Number SR–NYSEArca–2015–28. This                      2015, NYSE MKT LLC (the ‘‘Exchange’’
                                              the reasons described above, the                        file number should be included on the                 or ‘‘NYSE MKT’’) filed with the
                                              Exchange believes that the proposed                     subject line if email is used. To help the            Securities and Exchange Commission
                                              rule change reflects this competitive                   Commission process and review your                    (the ‘‘Commission’’) the proposed rule
                                              environment.                                            comments more efficiently, please use                 change as described in Items I and II
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      only one method. The Commission will                  below, which Items have been prepared
                                                10 Similarly, as noted above, supra n. 4, the         post all comments on the Commission’s                 by the self-regulatory organization. The
                                              proposed fee is reasonable, equitable and not           Internet Web site (http://www.sec.gov/
                                              unfairly discriminatory because there is currently                                                              15 17 CFR 200.30–3(a)(12).
                                              no LMM in IWM and, therefore, no LMM is                   12 15 U.S.C. 78s(b)(3)(A).                            1 15 U.S.C. 78s(b)(1).
                                              impacted by this proposed fee change.                     13 17 CFR 240.19b–4(f)(2).                            2 15 U.S.C. 78a.
                                                11 15 U.S.C. 78f(b)(8).                                 14 15 U.S.C. 78s(b)(2)(B).                            3 17 CFR 240.19b–4.




                                         VerDate Sep<11>2014   17:29 Apr 14, 2015   Jkt 235001   PO 00000   Frm 00078   Fmt 4703   Sfmt 4703   E:\FR\FM\15APN1.SGM    15APN1


                                                                           Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices                                                  20275

                                              Commission is publishing this notice to                 for paired orders of any size.6 Two                   functioning on the Exchange outside of
                                              solicit comments on the proposed rule                   aspects of the CUBE were approved for                 the CUBE Auction.13
                                              change from interested persons.                         a one-year pilot period—Rule                          Proposal To Extend the Operation of the
                                              I. Self-Regulatory Organization’s                       971.1NY(b)(1)(B), which establishes the               CUBE Pilot
                                              Statement of the Terms of Substance of                  permissible range of executions for
                                                                                                      CUBE Auctions for fewer than 50                          The Exchange implemented the CUBE
                                              the Proposed Rule Change                                                                                      Auction to provide an electronic
                                                                                                      contracts; and Rule 971.1NY(b)(8),
                                                The Exchange proposes to extend the                                                                         crossing mechanism for single-leg
                                                                                                      which establishes that the minimum
                                              pilot period applicable to the Customer                                                                       orders with a price improvement
                                                                                                      size for a CUBE Auction is one contract               auction. The CUBE Pilot was designed
                                              Best Execution Auction (‘‘CUBE’’), per
                                                                                                      (together, the ‘‘CUBE Pilot’’).                       to create tighter markets and ensure that
                                              Rule 971.1NY, until July 17, 2015. The
                                              text of the proposed rule change is                        An ATP Holder may initiate a CUBE                  each order receives the best possible
                                              available on the Exchange’s Web site at                 Auction by electronically submitting for              price. The Exchange believes that the
                                              www.nyse.com, at the principal office of                execution a limit order it represents as              CUBE Pilot attracts order flow and
                                              the Exchange, and at the Commission’s                   agent on behalf of a public customer,                 promotes competition and price
                                              Public Reference Room.                                  broker dealer, or any other entity                    improvement opportunities for CUBE
                                                                                                      (‘‘CUBE Order’’) against principal                    Orders of fewer than 50 contracts. The
                                              II. Self-Regulatory Organization’s                                                                            Exchange believes that extending the
                                                                                                      interest or against any other order it
                                              Statement of the Purpose of, and the                                                                          pilot period is appropriate because it
                                              Statutory Basis for, the Proposed Rule                  represents as agent, provided the
                                                                                                      initiating ATP Holder complies with                   will allow the Exchange and the
                                              Change                                                                                                        Commission additional time to analyze
                                                                                                      Rule 971.1NY.7 Rule 971.1NY(b)(1) sets
                                                In its filing with the Commission, the                                                                      data regarding the CUBE Pilot that the
                                                                                                      forth the permissible range of
                                              self-regulatory organization included                                                                         Exchange has committed to provide.14
                                                                                                      executions for a CUBE Order.8 Pursuant
                                              statements concerning the purpose of,                                                                         As such, the Exchange believes that it is
                                                                                                      to the CUBE Pilot, a CUBE Order for                   appropriate to extend the current
                                              and basis for, the proposed rule change                 fewer than 50 contracts is subject to
                                              and discussed any comments it received                                                                        operation of the Pilot. Through this
                                                                                                      tighter ranges of execution than larger               filing, the Exchange seeks to amend
                                              on the proposed rule change. The text
                                                                                                      CUBE Orders to maximize price                         Commentary .01 to Rule 971.1NY and
                                              of those statements may be examined at
                                                                                                      improvement.9 Specifically, if the CUBE               extend the current pilot period until
                                              the places specified in Item IV below.
                                              The Exchange has prepared summaries,                    Order is for fewer than 50 contracts, the             July 17, 2015.15 The Exchange notes that
                                              set forth in sections A, B, and C below,                range of permissible execution will be                it would retain the text of Rules
                                              of the most significant parts of such                   equal to or better than the National Best             971.1NY(b)(1)(B) and 971.1NY(b)(8). In
                                              statements.                                             Bid/Offer (‘‘NBBO’’), provided that such              further support of this proposed rule
                                                                                                      price must be at least one cent better                change, the Exchange would continue to
                                              A. Self-Regulatory Organization’s                       than any displayed interest in the                    submit to the Commission detailed data
                                              Statement of the Purpose of, and the                    Exchange’s Consolidated Book.10                       from, and analysis of, the CUBE Pilot.
                                              Statutory Basis for, the Proposed Rule
                                              Change                                                     The CUBE Pilot was initially                       2. Statutory Basis
                                                                                                      approved for a one-year pilot.11                         The Exchange believes that its
                                              1. Purpose                                              Pursuant to Commentary .01 to Rule                    proposal is consistent with Section 6(b)
                                                 The Exchange proposes to extend the                  971.1NY, the CUBE Pilot would, if not                 of the Act 16 in general, and furthers the
                                              pilot period applicable to certain                      amended, end on April 24, 2015.12 In                  objectives of Section 6(b)(5) of the Act 17
                                              aspects of the Customer Best                            connection with the CUBE Pilot, the                   in particular, in that it is designed to
                                              Execution—or CUBE—Auction, which                        Exchange agreed to submit certain data                prevent fraudulent and manipulative
                                              is currently set to expire on April 24,                 to provide supporting evidence that,                  acts and practices, to promote just and
                                              2015, until July 17, 2015.4                             among other things, there is meaningful               equitable principles of trade, to remove
                                              Background                                              competition for all size orders and that              impediments to and perfect the
                                                                                                      there is an active and liquid market                  mechanism of a free and open market
                                                Rule 971.1NY sets forth an electronic                                                                       and a national market system, and, in
                                              crossing mechanism for single-leg                          6 See Securities Exchange Act Release No. 72025    general, to protect investors and the
                                              orders with a price improvement                         (April 25, 2014), 79 FR 24779 (May 1, 2014)           public interest.
                                              auction on the Exchange, referred to as                 (NYSEMKT–2014–17) (the ‘‘CUBE Approval                   The Exchange believes that extending
                                              the CUBE Auction.5 The CUBE Auction,                    Order’’).                                             the pilot period is consistent with these
                                                                                                         7 In addition, CUBE provides for the automatic
                                              which was approved in April 2014, is                                                                          principles because the CUBE Pilot is
                                                                                                      execution, under certain conditions, of a crossing
                                              designed to provide price improvement                   transaction where there is a public customer order    reasonably designed to create tighter
                                                                                                      in the same options series on each side.              markets and ensure that each order
                                                4 The Exchange notes that the proposed extension         8 Subject to specified exceptions, a CUBE Order    receives the best possible price, which
                                              would align the expiration of the pilot period with     to buy (sell) may execute at prices equal to or
                                              that of other competing options exchanges that offer
                                                                                                                                                            benefits investors by increasing
                                                                                                      between the initiating price as the upper (lower)     competition thereby maximizing
                                              electronic price improvement auctions similar to        bound and the National Best Bid (‘‘NBB’’) (National
                                              the CUBE. See, e.g., ISE Rule 723 Supplementary         Best Offer (‘‘NBO’’)) as the lower (upper) bound.     opportunities for price improvement.
                                              Material .03 (pilot period for price improvement        See Rule 971.1NY(b).                                  The proposed extension would allow
                                              mechanism extended until Friday, July 17, 2015);           9 See Rule 971.1NY(b)(1)(B). Rule 971.1NY(b)(8),
                                              PHLX Rule 1080(n)(vii); (pilot period for price
tkelley on DSK3SPTVN1PROD with NOTICES




                                              improvement mechanism extended until Saturday,          also subject to the pilot period, provides that the     13 See CUBE Approval Order, supra, n. 6 at 79 FR

                                              July 18, 2015); CBOE Rule 6.74A Interpretation and      minimum size for a CUBE Auction is one contract.      24779, at 24785–86, fn. 94–95. See also
                                              Policies .03 (same); BOX IM–7150–1 (same).              See Rule (b)(8).                                      Commentary .01 to Rule 971.1NY.
                                                                                                         10 See Rule 971.1NY(b)(1)(B).                        14 Id.
                                              Because July 18, 2015 is a Saturday and the
                                                                                                         11 See CUBE Approval Order, supra, n. 6.             15 See proposed Commentary .01 to Rule
                                              Exchange is not open, the Exchange proposes to
                                              extend the pilot until Friday, July 17, 2015.              12 See also Commentary .01 to Rule 971.1NY         971.1NY.
                                                                                                                                                              16 15 U.S.C. 78f(b).
                                                5 See generally Rule 971.1NY (Electronic Cross        (establishing one-year pilot period for Rules
                                              Transactions).                                          971.1NY(b)(1)(B) and 971.1NY(b)(8)).                    17 15 U.S.C. 78f(b)(5).




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                                              20276                         Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices

                                              the CUBE Pilot to continue                              19b–4(f)(6) thereunder.19 Because the                 Electronic Comments
                                              uninterrupted, thereby avoiding any                     foregoing proposed rule change does
                                              potential investor confusion that could                 not: (i) Significantly affect the                       • Use the Commission’s Internet
                                              result from a temporary interruption in                 protection of investors or the public                 comment form (http://www.sec.gov/
                                              the CUBE Pilot. Because the CUBE Pilot                  interest; (ii) impose any significant                 rules/sro.shtml); or
                                              is applicable to all CUBE Orders for                    burden on competition; and (iii) become                 • Send an email to rule-comments@
                                              fewer than 50 contracts, and to the                     operative for 30 days from the date on                sec.gov. Please include File Number SR–
                                              requirement that the minimum size of                    which it was filed, or such shorter time              NYSEMKT–2015–28 on the subject line.
                                              the CUBE Auction is one contract, the                   as the Commission may designate, the
                                              proposal to extend the pilot merely acts                proposed rule change has become                       Paper Comments
                                              to maintain status quo on the Exchange,                 effective pursuant to Section 19(b)(3)(A)               • Send paper comments in triplicate
                                              which promotes just and equitable                       of the Act and Rule 19b–4(f)(6)(iii)                  to Brent J. Fields, Secretary, Securities
                                              principles of trade and removes                         thereunder.
                                              impediments to, and perfects the                                                                              and Exchange Commission, 100 F Street
                                              mechanism of, a free and open market                       A proposed rule change filed under                 NE., Washington, DC 20549–1090.
                                              and a national market system. The                       Rule 19b–4(f)(6) 20 normally does not
                                                                                                                                                            All submissions should refer to File
                                              extension of the pilot period will allow                become operative prior to 30 days after
                                                                                                      the date of the filing. However, pursuant             Number SR–NYSEMKT–2015–28. This
                                              the Commission and the Exchange to                                                                            file number should be included on the
                                              continue to monitor the CUBE Pilot to                   to Rule 19b4(f)(6)(iii),21 the Commission
                                                                                                      may designate a shorter time if such                  subject line if email is used. To help the
                                              ascertain whether there is meaningful                                                                         Commission process and review your
                                              competition for all size orders and                     action is consistent with the protection
                                                                                                      of investors and the public interest.                 comments more efficiently, please use
                                              whether there is an active and liquid                                                                         only one method.
                                              market functioning on the Exchange                         The Exchange has asked the
                                              outside of the CUBE Auction.                            Commission to waive the 30-day                           The Commission will post all
                                                                                                      operative delay so that the proposal may              comments on the Commission’s Internet
                                              B. Self-Regulatory Organization’s                                                                             Web site (http://www.sec.gov/rules/
                                              Statement on Burden on Competition                      become operative immediately upon
                                                                                                      filing. The Commission believes that                  sro.shtml). Copies of the submission, all
                                                 The Exchange does not believe that                   waiver of the operative delay is                      subsequent amendments, all written
                                              the proposed rule change will impose                    consistent with the protection of                     statements with respect to the proposed
                                              any burden on competition not                           investors and the public interest                     rule change that are filed with the
                                              necessary or appropriate in furtherance                 because such waiver will allow the pilot              Commission, and all written
                                              of the purposes of the Act. The                         program to continue without                           communications relating to the
                                              proposed rule change simply extends an                  interruption. Therefore, the Commission               proposed rule change between the
                                              established pilot program for an                        designates the proposal operative upon                Commission and any person, other than
                                              additional period and would allow for                   filing.22                                             those that may be withheld from the
                                              further analysis of the CUBE Pilot. In                                                                        public in accordance with the
                                              addition, the proposed extension would                     At any time within 60 days of the
                                                                                                      filing of the proposed rule change, the               provisions of 5 U.S.C. 552, will be
                                              allow the CUBE Pilot to continue                                                                              available for Web site viewing and
                                              uninterrupted, thereby avoiding any                     Commission summarily may
                                                                                                      temporarily suspend such rule change if               printing in the Commission’s Public
                                              potential investor confusion that could                                                                       Reference Room, 100 F Street NE.,
                                              result from a temporary interruption in                 it appears to the Commission that such
                                                                                                      action is necessary or appropriate in the             Washington, DC 20549, on official
                                              the CUBE Pilot. Thus, the proposal
                                                                                                      public interest, for the protection of                business days between the hours of
                                              would also serve to promote regulatory
                                              clarity and consistency, thereby                        investors, or otherwise in furtherance of             10:00 a.m. and 3:00 p.m. Copies of such
                                              reducing burdens on the marketplace                     the purposes of the Act. If the                       filing also will be available for
                                              and facilitating investor protection.                   Commission takes such action, the                     inspection and copying at the principal
                                                                                                      Commission shall institute proceedings                offices of the Exchange. All comments
                                              C. Self-Regulatory Organization’s                       under Section 19(b)(2)(B) 23 of the Act to            received will be posted without change;
                                              Statement on Comments on the                            determine whether the proposed rule                   the Commission does not edit personal
                                              Proposed Rule Change Received From                      change should be approved or                          identifying information from
                                              Members, Participants or Others                         disapproved.                                          submissions. You should submit only
                                                No written comments were solicited                                                                          information that you wish to make
                                                                                                      IV. Solicitation of Comments
                                              or received with respect to the proposed                                                                      available publicly. All submissions
                                              rule change.                                              Interested persons are invited to                   should refer to File Number SR–
                                              III. Date of Effectiveness of the                       submit written data, views, and                       NYSEMKT–2015–28, and should be
                                              Proposed Rule Change and Timing for                     arguments concerning the foregoing,                   submitted on or before May 6, 2015.
                                              Commission Action                                       including whether the proposed rule                     For the Commission, by the Division of
                                                                                                      change is consistent with the Act.                    Trading and Markets, pursuant to delegated
                                                The Exchange has filed the proposed                   Comments may be submitted by any of                   authority.24
                                              rule change pursuant to Section                         the following methods:
                                              19(b)(3)(A)(iii) of the Act 18 and Rule
                                                                                                                                                            Brent J. Fields,
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                        19 17 CFR 240.19b–4(f)(6).
                                                18 15 U.S.C. 78s(b)(3)(A)(iii). Rule 19b–4(f)(6)        20 17 CFR 240.19b–4(f)(6).                          Secretary.
                                              requires a self-regulatory organization to give the
                                                                                                        21 17 CFR 240.19b–4(f)(6)(iii).
                                              Commission written notice of its intent to file the                                                           [FR Doc. 2015–08549 Filed 4–14–15; 8:45 am]
                                                                                                        22 For purposes only of waiving the 30-day
                                              proposed rule change at least five business days                                                              BILLING CODE 8011–01–P
                                              prior to the date of filing of the proposed rule        operative delay, the Commission has considered the
                                              change, or such shorter time as designated by the       proposed rule’s impact on efficiency, competition,
                                              Commission. The Exchange has satisfied this             and capital formation. See 15 U.S.C. 78c(f).
                                              requirement.                                              23 15 U.S.C. 78s(b)(2)(B).                            24 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-18 11:13:13
Document Modified: 2015-12-18 11:13:13
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 20274 

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