80_FR_41257 80 FR 41123 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 995NY by Deleting the Prohibition on ATP Holders From Entering Customer Limit Orders To Buy and Sell the Same Option Series, for the Account or Accounts of the Same or Related Beneficial Owner

80 FR 41123 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 995NY by Deleting the Prohibition on ATP Holders From Entering Customer Limit Orders To Buy and Sell the Same Option Series, for the Account or Accounts of the Same or Related Beneficial Owner

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 134 (July 14, 2015)

Page Range41123-41125
FR Document2015-17176

Federal Register, Volume 80 Issue 134 (Tuesday, July 14, 2015)
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41123-41125]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17176]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75398; File No. SR-NYSEMKT-2015-46]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Amending Rule 995NY by 
Deleting the Prohibition on ATP Holders From Entering Customer Limit 
Orders To Buy and Sell the Same Option Series, for the Account or 
Accounts of the Same or Related Beneficial Owner

July 8, 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 June 26, 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 Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 995NY by deleting the 
prohibition on ATP Holders from entering Customer limit orders to buy 
and sell the same option series, for the account or accounts of the 
same or related beneficial owner. 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 995NY--Prohibited Conduct. 
Specifically, the Exchange is proposing to eliminate subparagraph (b) 
prohibiting ATP Holders, while acting as agent, from entering Customer 
limit orders in the same option series, for the account or accounts of 
the same or related beneficial owner, in such a manner that the 
Customer or beneficial owner(s) effectively is operating as a market 
maker by holding itself out as willing to buy and sell such option 
contract on a regular or continuous basis.
Background
    The Exchange adopted Rule 995NY(b) in 2009, when it implemented a 
new electronic trading platform for NYSE Amex Options (f/k/a American 
Stock Exchange).\4\ Rule 995NY(b) replaced former Rule 934.\5\ The 
Exchange adopted Rule 934 in 2001 to restrict the entry of certain 
option limit orders.\6\ At that time, the Exchange's business model 
depended on Specialists and registered options traders (collectively 
``Market Maker'') for competition and liquidity. Market Makers operated 
primarily on the trading Floor with limited ability to conduct 
electronic trading. By contrast, Customers had access to certain 
benefits such as automatic execution, priority of bids and offers, and 
firm-quote guarantees, that were not offered to Market Makers. In 
addition, the Exchange did not distinguish Professional Customers, who 
are more likely to be able to take advantage of such automated systems, 
as a separate category of Customer. For these reasons, Rule 934 was 
designed to prevent Customers from obtaining an unfair advantage by 
acting in a market maker-like capacity, while having priority over the 
Specialists and registered traders by virtue of their Customer status.
---------------------------------------------------------------------------

    \4\ See Securities and Exchange Act Release No. 59472 (February 
27, 2009), 74 FR 9843 (March 6, 2009) (SR-NYSEALTR-2008-14) 
(Approval Order).
    \5\ See Securities and Exchange Act Release No. 59454 (February 
25, 2009). 74 FR 9461 (March 4, 2009) (SR-NYSEAmex-2009-17) (Notice 
of Filing of Proposal to Delete Certain Rules Governing the Trading 
of Listed Options).
    \6\ See Securities and Exchange Act Release No. 43948 (February 
7, 2001), 66 FR 10539 (February 15, 2001) (SR-Amex-2001-03) (Notice 
of Filing).
---------------------------------------------------------------------------

Proposal
    The Exchange proposes to delete Rule 995NY(b) as it is no longer 
necessary. Specifically, the Exchange believes that the advances in 
electronic trading that have occurred since 2001, combined with the 
addition of the Professional Customer designation, have eliminated the 
need to restrict how Customers enter limit orders at the Exchange.
    Specifically, since 2009, the Exchange has operated an electronic 
trading model that affords all market participants, including both 
Floor and off-Floor Market Makers, access to automated trading systems. 
With such access, Market Makers have developed sophisticated trading 
systems that enable them to compete with the type of automated trading 
systems that were generally available only to non-Market Makers, 
including Customers, in 2001.
    In addition, in 2010, the Exchange added the Professional Customer 
designation, which is aimed at differentiating those Customers who 
engage in computerized or ``high frequency'' trading from the 
traditional retail investor.\7\ Pursuant to Rule 900.2NY(18A), a 
Professional Customer (i) is not a Broker/Dealer in securities, and 
(ii) places more than 390 orders in listed options per day on average 
during a calendar month for its own beneficial account(s). Professional 
Customers retain the status of Customer, however,

[[Page 41124]]

they are treated in the same manner as a Broker Dealer for the purposes 
of certain Exchange rules, including but not limited to Rule 964NY 
(Display, Priority and Order Allocation--Trading Systems), Rule 971.1NY 
(Electronic Cross Transactions), Rule 980NY(b) (Electronic Complex 
Order Trading), and Rule 995NY(b)(Prohibited Conduct--Limit Orders). By 
being treated as Broker Dealers, Professional Customers are not 
entitled to preferential treatment generally afforded to Customers 
under these rules. Professional Customers were the type of Customer 
that the Exchange was concerned about in 2001 when adopting Rule 934 
(now Rule 995NY(b)). Because Professional Customers are not subject to 
the rules that Rule 934 (now Rule 995NY(b)) was designed to address, 
the Exchange believes that the concerns that supported adoption of Rule 
934 in 2001 are no longer present.
---------------------------------------------------------------------------

    \7\ See Securities and Exchange Act Release No. 61629 (March 2, 
2010), 75 FR 10851 (March 9, 2010) (SR-NYSEAmex-2010-18) (Notice of 
Filing).
---------------------------------------------------------------------------

    At least five other options exchanges, including BOX Options 
Exchange LLC (``BOX''), NASDAQ OMX BX Inc. (``BX''), NASDAQ Stock 
Market LLC (``NOM''), BATS Exchange Inc. (``BATS'') and NYSE Arca Inc. 
(``NYSE Arca'') do not have rules prohibiting Customers from entering 
limit orders to buy and sell the same option series for the account or 
accounts of the same or related beneficial owner. In addition, each of 
the aforementioned exchanges has adopted similar rules as NYSE Amex 
Options governing the treatment of orders entered by Professional 
Customers. The Exchange notes that NOM and BX, like the Exchange, also 
afford priority to Customer orders.\8\ Accordingly, eliminating the 
restriction on Customers entering limit orders by deleting Rule 
995NY(b) would not be novel. Rather, by deleting the rule, Customers 
that trade on more than one exchange would be subject to similar rules 
governing their trading activity.
---------------------------------------------------------------------------

    \8\ See BX Rule Chapter VI Section 10(1)(C)(1)(a) and 
10(1)(C)(2), and NOM Rule Chapter VI Section 10(1)(C)(2)(i) [sic].
---------------------------------------------------------------------------

    The Exchange also proposes to delete the reference to Rule 995NY(b) 
found in Rule 900.2NY(18A), as that rule cite would no longer be 
necessary with the proposed elimination of the rule.
Implementation
    The Exchange proposes to announce the implementation of the 
proposed rule change via Trader Update, to be published no later than 
thirty (30) days following the effectiveness of this proposal. The 
implementation date will be no later than thirty (30) days following 
publication of the Trader Update.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act,\9\ in general, and furthers the objectives of Section 6(b)(5),\10\ 
in particular, in that 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, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    First, the limitation on how Customers could enter orders was 
adopted almost fifteen years ago when the Exchange operated a Floor-
based open outcry auction model, with limited access to automated 
trading systems by Market Makers. Since that time, Market Maker systems 
have developed into highly efficient sophisticated trading platforms 
able to compete with market professionals and Customers alike. Second, 
the adoption of the Professional Customer designation has all but 
eliminated the ability of high-frequency traders to act like Market 
Makers, while at the same time realizing the benefits of Customer 
priority and preferential order allocation. Market Makers are no longer 
at a competitive disadvantage to Customers when it comes to automated 
trading, as was the case when the prohibition was first adopted.\11\ As 
such, the Exchange believes the current prohibition is no longer 
needed, and could even be seen as counter-productive. Accordingly, the 
Exchange believes that the proposed rule change would remove 
impediments to and perfect the mechanism of a free and open market by 
removing a limitation on how Customers enter limit orders that is no 
longer necessary in today's market structure.
---------------------------------------------------------------------------

    \11\ Supra n.6.
---------------------------------------------------------------------------

    In addition, the Exchange believes that the removal of the 
limitation on Customer orders will more freely permit the entry of 
orders by market participants, including retail investors, resulting in 
more orders on the Exchange and therefore increase liquidity on the 
Exchange, which would benefit all market participants. Lastly, removing 
the prohibition is competitive vis-[agrave]-vis other options exchanges 
that do not have similar prohibitions in place to what the Exchange is 
proposing to delete with this filing. By promoting competition, the 
proposal may also lead to tighter, more efficient markets to the 
benefit of market participants, including public investors, that engage 
in trading and hedging on the Exchange.

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

    The Exchange does not believe that the proposed rule change would 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. To the contrary, removing 
the prohibition on order entry found in Rule 995(b) further promotes 
competition on the Exchange, which should lead to tighter, more 
efficient markets to the benefit of market participants including 
public investors that engage in trading and hedging on the Exchange, 
and thereby make the Exchange a desirable market vis-[agrave]-vis other 
options exchanges. In addition, the Exchange believes that the proposed 
rule change is pro-competitive because it would align the Exchange's 
rules with the rules of other markets, including BOX, BX, NOM, BATS and 
NYSE Arca, thereby enabling Customers that trade on more than one 
exchange to be subject to similar rules governing their trading 
activity.

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) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\ 
Because the 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 \14\ and Rule 19b-4(f)(6) 
thereunder.\15\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of 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.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the

[[Page 41125]]

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 to determine whether 
the proposed rule should be approved or disapproved.

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-2015-46 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2015-46. 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 20549-1090, on official business days between the hours 
of 10:00 a.m. and 3:00 p.m. Copies of the filing will also 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-NYSEMKT-2015-46 and should 
be submitted on or before August 4, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-17176 Filed 7-13-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices                                                41123

                                                    public in accordance with the                            I. Self-Regulatory Organization’s                     adopted Rule 934 in 2001 to restrict the
                                                    provisions of 5 U.S.C. 552, will be                      Statement of the Terms of Substance of                entry of certain option limit orders.6 At
                                                    available for Web site viewing and                       the Proposed Rule Change                              that time, the Exchange’s business
                                                    printing in the Commission’s Public                         The Exchange proposes to amend                     model depended on Specialists and
                                                    Reference Room, 100 F Street NE.,                        Rule 995NY by deleting the prohibition                registered options traders (collectively
                                                    Washington, DC 20549, on official                        on ATP Holders from entering Customer                 ‘‘Market Maker’’) for competition and
                                                    business days between the hours of                       limit orders to buy and sell the same                 liquidity. Market Makers operated
                                                    10:00 a.m. and 3:00 p.m. Copies of the                   option series, for the account or                     primarily on the trading Floor with
                                                    filing also will be available for                        accounts of the same or related                       limited ability to conduct electronic
                                                    inspection and copying at the principal                  beneficial owner. The text of the                     trading. By contrast, Customers had
                                                                                                             proposed rule change is available on the              access to certain benefits such as
                                                    office of FINRA. All comments received
                                                                                                             Exchange’s Web site at www.nyse.com,                  automatic execution, priority of bids
                                                    will be posted without change; the
                                                                                                             at the principal office of the Exchange,              and offers, and firm-quote guarantees,
                                                    Commission does not edit personal
                                                                                                             and at the Commission’s Public                        that were not offered to Market Makers.
                                                    identifying information from                                                                                   In addition, the Exchange did not
                                                    submissions. You should submit only                      Reference Room.
                                                                                                                                                                   distinguish Professional Customers,
                                                    information that you wish to make                        II. Self-Regulatory Organization’s                    who are more likely to be able to take
                                                    available publicly. All submissions                      Statement of the Purpose of, and                      advantage of such automated systems,
                                                    should refer to File Number SR–FINRA–                    Statutory Basis for, the Proposed Rule                as a separate category of Customer. For
                                                    2015–017 and should be submitted on                      Change                                                these reasons, Rule 934 was designed to
                                                    or before August 4, 2015.                                   In its filing with the Commission, the             prevent Customers from obtaining an
                                                      For the Commission, by the Division of                 self-regulatory organization included                 unfair advantage by acting in a market
                                                    Trading and Markets, pursuant to delegated               statements concerning the purpose of,                 maker-like capacity, while having
                                                    authority.15                                             and basis for, the proposed rule change               priority over the Specialists and
                                                    Brent J. Fields,                                         and discussed any comments it received                registered traders by virtue of their
                                                                                                             on the proposed rule change. The text                 Customer status.
                                                    Secretary.
                                                                                                             of those statements may be examined at                Proposal
                                                    [FR Doc. 2015–17172 Filed 7–13–15; 8:45 am]
                                                                                                             the places specified in Item IV below.
                                                    BILLING CODE 8011–01–P                                   The Exchange has prepared summaries,                     The Exchange proposes to delete Rule
                                                                                                             set forth in sections A, B, and C below,              995NY(b) as it is no longer necessary.
                                                                                                             of the most significant parts of such                 Specifically, the Exchange believes that
                                                    SECURITIES AND EXCHANGE                                  statements.                                           the advances in electronic trading that
                                                    COMMISSION                                                                                                     have occurred since 2001, combined
                                                                                                             A. Self-Regulatory Organization’s                     with the addition of the Professional
                                                                                                             Statement of the Purpose of, and the                  Customer designation, have eliminated
                                                    [Release No. 34–75398; File No. SR–
                                                                                                             Statutory Basis for, the Proposed Rule                the need to restrict how Customers enter
                                                    NYSEMKT–2015–46]
                                                                                                             Change                                                limit orders at the Exchange.
                                                    Self-Regulatory Organizations; NYSE                      1. Purpose                                               Specifically, since 2009, the Exchange
                                                    MKT LLC; Notice of Filing and                                                                                  has operated an electronic trading
                                                                                                                The Exchange proposes to amend                     model that affords all market
                                                    Immediate Effectiveness of Proposed                      Rule 995NY—Prohibited Conduct.
                                                    Rule Change Amending Rule 995NY by                                                                             participants, including both Floor and
                                                                                                             Specifically, the Exchange is proposing               off-Floor Market Makers, access to
                                                    Deleting the Prohibition on ATP                          to eliminate subparagraph (b)
                                                    Holders From Entering Customer Limit                                                                           automated trading systems. With such
                                                                                                             prohibiting ATP Holders, while acting                 access, Market Makers have developed
                                                    Orders To Buy and Sell the Same                          as agent, from entering Customer limit                sophisticated trading systems that
                                                    Option Series, for the Account or                        orders in the same option series, for the             enable them to compete with the type of
                                                    Accounts of the Same or Related                          account or accounts of the same or                    automated trading systems that were
                                                    Beneficial Owner                                         related beneficial owner, in such a                   generally available only to non-Market
                                                                                                             manner that the Customer or beneficial                Makers, including Customers, in 2001.
                                                    July 8, 2015.
                                                                                                             owner(s) effectively is operating as a                   In addition, in 2010, the Exchange
                                                       Pursuant to Section 19(b)(1) 1 of the                 market maker by holding itself out as                 added the Professional Customer
                                                    Securities Exchange Act of 1934 (the                     willing to buy and sell such option                   designation, which is aimed at
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   contract on a regular or continuous                   differentiating those Customers who
                                                    notice is hereby given that on June 26,                  basis.                                                engage in computerized or ‘‘high
                                                    2015, NYSE MKT LLC (the ‘‘Exchange’’                     Background                                            frequency’’ trading from the traditional
                                                    or ‘‘NYSE MKT’’) filed with the                                                                                retail investor.7 Pursuant to Rule
                                                    Securities and Exchange Commission                         The Exchange adopted Rule 995NY(b)                  900.2NY(18A), a Professional Customer
                                                                                                             in 2009, when it implemented a new                    (i) is not a Broker/Dealer in securities,
                                                    (the ‘‘Commission’’) the proposed rule
                                                                                                             electronic trading platform for NYSE                  and (ii) places more than 390 orders in
                                                    change as described in Items I and II
                                                                                                             Amex Options (f/k/a American Stock                    listed options per day on average during
                                                    below, which Items have been prepared                    Exchange).4 Rule 995NY(b) replaced                    a calendar month for its own beneficial
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    by the self-regulatory organization. The                 former Rule 934.5 The Exchange
                                                    Commission is publishing this notice to                                                                        account(s). Professional Customers
                                                    solicit comments on the proposed rule                      4 See Securities and Exchange Act Release No.
                                                                                                                                                                   retain the status of Customer, however,
                                                    change from interested persons.                          59472 (February 27, 2009), 74 FR 9843 (March 6,
                                                                                                                                                                     6 See Securities and Exchange Act Release No.
                                                                                                             2009) (SR–NYSEALTR–2008–14) (Approval Order).
                                                                                                               5 See Securities and Exchange Act Release No.       43948 (February 7, 2001), 66 FR 10539 (February
                                                      15 17 CFR 200.30–3(a)(12).
                                                                                                             59454 (February 25, 2009). 74 FR 9461 (March 4,       15, 2001) (SR–Amex–2001–03) (Notice of Filing).
                                                      1 15 U.S.C. 78s(b)(1).                                                                                         7 See Securities and Exchange Act Release No.
                                                                                                             2009) (SR–NYSEAmex–2009–17) (Notice of Filing
                                                      2 15 U.S.C. 78a.
                                                                                                             of Proposal to Delete Certain Rules Governing the     61629 (March 2, 2010), 75 FR 10851 (March 9,
                                                      3 17 CFR 240.19b–4.                                    Trading of Listed Options).                           2010) (SR–NYSEAmex–2010–18) (Notice of Filing).



                                               VerDate Sep<11>2014   19:09 Jul 13, 2015   Jkt 235001   PO 00000   Frm 00133   Fmt 4703   Sfmt 4703   E:\FR\FM\14JYN1.SGM   14JYN1


                                                    41124                           Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices

                                                    they are treated in the same manner as                   2. Statutory Basis                                       public investors, that engage in trading
                                                    a Broker Dealer for the purposes of                         The proposed rule change is                           and hedging on the Exchange.
                                                    certain Exchange rules, including but                    consistent with Section 6(b) of the Act,9                B. Self-Regulatory Organization’s
                                                    not limited to Rule 964NY (Display,                      in general, and furthers the objectives of               Statement on Burden on Competition
                                                    Priority and Order Allocation—Trading                    Section 6(b)(5),10 in particular, in that it
                                                    Systems), Rule 971.1NY (Electronic                                                                                   The Exchange does not believe that
                                                                                                             is designed to prevent fraudulent and
                                                    Cross Transactions), Rule 980NY(b)                                                                                the proposed rule change would impose
                                                                                                             manipulative acts and practices, to
                                                    (Electronic Complex Order Trading),                                                                               any burden on competition that is not
                                                                                                             promote just and equitable principles of
                                                    and Rule 995NY(b)(Prohibited                                                                                      necessary or appropriate in furtherance
                                                                                                             trade, to foster cooperation and
                                                    Conduct—Limit Orders). By being                                                                                   of the purposes of the Act. To the
                                                                                                             coordination with persons engaged in
                                                    treated as Broker Dealers, Professional                                                                           contrary, removing the prohibition on
                                                                                                             facilitating transactions in securities,
                                                    Customers are not entitled to                                                                                     order entry found in Rule 995(b) further
                                                                                                             and to remove impediments to and
                                                    preferential treatment generally afforded                                                                         promotes competition on the Exchange,
                                                                                                             perfect the mechanism of a free and
                                                    to Customers under these rules.                                                                                   which should lead to tighter, more
                                                                                                             open market and a national market
                                                    Professional Customers were the type of                                                                           efficient markets to the benefit of market
                                                                                                             system.
                                                    Customer that the Exchange was                              First, the limitation on how                          participants including public investors
                                                    concerned about in 2001 when adopting                    Customers could enter orders was                         that engage in trading and hedging on
                                                    Rule 934 (now Rule 995NY(b)). Because                    adopted almost fifteen years ago when                    the Exchange, and thereby make the
                                                    Professional Customers are not subject                   the Exchange operated a Floor-based                      Exchange a desirable market vis-à-vis
                                                    to the rules that Rule 934 (now Rule                     open outcry auction model, with limited                  other options exchanges. In addition,
                                                    995NY(b)) was designed to address, the                   access to automated trading systems by                   the Exchange believes that the proposed
                                                    Exchange believes that the concerns that                 Market Makers. Since that time, Market                   rule change is pro-competitive because
                                                    supported adoption of Rule 934 in 2001                   Maker systems have developed into                        it would align the Exchange’s rules with
                                                    are no longer present.                                   highly efficient sophisticated trading                   the rules of other markets, including
                                                       At least five other options exchanges,                platforms able to compete with market                    BOX, BX, NOM, BATS and NYSE Arca,
                                                    including BOX Options Exchange LLC                       professionals and Customers alike.                       thereby enabling Customers that trade
                                                    (‘‘BOX’’), NASDAQ OMX BX Inc.                            Second, the adoption of the Professional                 on more than one exchange to be subject
                                                    (‘‘BX’’), NASDAQ Stock Market LLC                        Customer designation has all but                         to similar rules governing their trading
                                                    (‘‘NOM’’), BATS Exchange Inc.                            eliminated the ability of high-frequency                 activity.
                                                    (‘‘BATS’’) and NYSE Arca Inc. (‘‘NYSE                    traders to act like Market Makers, while                 C. Self-Regulatory Organization’s
                                                    Arca’’) do not have rules prohibiting                    at the same time realizing the benefits                  Statement on Comments on the
                                                    Customers from entering limit orders to                  of Customer priority and preferential                    Proposed Rule Change Received From
                                                    buy and sell the same option series for                  order allocation. Market Makers are no                   Members, Participants, or Others
                                                    the account or accounts of the same or                   longer at a competitive disadvantage to                    No written comments were solicited
                                                    related beneficial owner. In addition,                   Customers when it comes to automated                     or received with respect to the proposed
                                                    each of the aforementioned exchanges                     trading, as was the case when the                        rule change.
                                                    has adopted similar rules as NYSE                        prohibition was first adopted.11 As
                                                    Amex Options governing the treatment                     such, the Exchange believes the current                  III. Date of Effectiveness of the
                                                    of orders entered by Professional                        prohibition is no longer needed, and                     Proposed Rule Change and Timing for
                                                    Customers. The Exchange notes that                       could even be seen as counter-                           Commission Action
                                                    NOM and BX, like the Exchange, also                      productive. Accordingly, the Exchange                       The Exchange has filed the proposed
                                                    afford priority to Customer orders.8                     believes that the proposed rule change                   rule change pursuant to Section
                                                    Accordingly, eliminating the restriction                 would remove impediments to and                          19(b)(3)(A) of the Act 12 and Rule 19b–
                                                    on Customers entering limit orders by                    perfect the mechanism of a free and                      4(f)(6) thereunder.13 Because the
                                                    deleting Rule 995NY(b) would not be                      open market by removing a limitation                     proposed rule change does not (i)
                                                    novel. Rather, by deleting the rule,                     on how Customers enter limit orders                      significantly affect the protection of
                                                    Customers that trade on more than one                    that is no longer necessary in today’s                   investors or the public interest; (ii)
                                                    exchange would be subject to similar                     market structure.                                        impose any significant burden on
                                                    rules governing their trading activity.                     In addition, the Exchange believes                    competition; and (iii) become operative
                                                       The Exchange also proposes to delete                  that the removal of the limitation on                    for 30 days from the date on which it
                                                    the reference to Rule 995NY(b) found in                  Customer orders will more freely permit                  was filed, or such shorter time as the
                                                    Rule 900.2NY(18A), as that rule cite                     the entry of orders by market                            Commission may designate, the
                                                    would no longer be necessary with the                    participants, including retail investors,                proposed rule change has become
                                                    proposed elimination of the rule.                        resulting in more orders on the                          effective pursuant to Section 19(b)(3)(A)
                                                                                                             Exchange and therefore increase                          of the Act 14 and Rule 19b–4(f)(6)
                                                    Implementation                                           liquidity on the Exchange, which would                   thereunder.15
                                                      The Exchange proposes to announce                      benefit all market participants. Lastly,                    At any time within 60 days of the
                                                    the implementation of the proposed rule                  removing the prohibition is competitive                  filing of the proposed rule change, the
                                                    change via Trader Update, to be                          vis-à-vis other options exchanges that
                                                    published no later than thirty (30) days                 do not have similar prohibitions in                        12 15  U.S.C. 78s(b)(3)(A)(iii).
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                                                    following the effectiveness of this                      place to what the Exchange is proposing                    13 17  CFR 240.19b–4(f)(6).
                                                    proposal. The implementation date will                   to delete with this filing. By promoting                   14 15 U.S.C. 78s(b)(3)(A).

                                                    be no later than thirty (30) days                        competition, the proposal may also lead                    15 17 CFR 240.19b–4(f)(6). As required under Rule

                                                    following publication of the Trader                      to tighter, more efficient markets to the                19b–4(f)(6)(iii), the Exchange provided the
                                                                                                                                                                      Commission with written notice of its intent to file
                                                    Update.                                                  benefit of market participants, including                the proposed rule change, along with a brief
                                                                                                                                                                      description and the text of the proposed rule
                                                      8 See BX Rule Chapter VI Section 10(1)(C)(1)(a)             9 15 U.S.C. 78f(b).                                 change, at least five business days prior to the date
                                                                                                                  10 15 U.S.C. 78f(b)(5).
                                                    and 10(1)(C)(2), and NOM Rule Chapter VI Section                                                                  of filing of the proposed rule change, or such
                                                    10(1)(C)(2)(i) [sic].                                         11 Supra n.6.                                       shorter time as designated by the Commission.



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                                                                                    Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices                                                     41125

                                                    Commission summarily may                                 available publicly. All submissions                       trading in the security have sufficient
                                                    temporarily suspend such rule change if                  should refer to File Number SR–                           copies of the preliminary or final
                                                    it appears to the Commission that such                   NYSEMKT–2015–46 and should be                             prospectus, as requested by them, to
                                                    action is necessary or appropriate in the                submitted on or before August 4, 2015.                    enable such broker-dealer to satisfy their
                                                    public interest, for the protection of                     For the Commission, by the Division of                  respective prospectus delivery
                                                    investors, or otherwise in furtherance of                Trading and Markets, pursuant to delegated                obligations pursuant to Rule 15c2–8, as
                                                    the purposes of the Act. If the                          authority.16                                              well as Section 5 of the Securities Act
                                                    Commission takes such action, the                        Brent J. Fields,                                          of 1933.
                                                    Commission shall institute proceedings                   Secretary.
                                                    to determine whether the proposed rule                                                                                Rule 15c2–8 implicitly requires that
                                                                                                             [FR Doc. 2015–17176 Filed 7–13–15; 8:45 am]
                                                    should be approved or disapproved.                                                                                 broker-dealers collect information, as
                                                                                                             BILLING CODE 8011–01–P
                                                                                                                                                                       such collection facilitates compliance
                                                    IV. Solicitation of Comments                                                                                       with the rule. There is no requirement
                                                      Interested persons are invited to                                                                                to submit collected information to the
                                                                                                             SECURITIES AND EXCHANGE
                                                    submit written data, views, and                                                                                    Commission. In order to comply with
                                                                                                             COMMISSION
                                                    arguments concerning the foregoing,                                                                                the rule, broker-dealers participating in
                                                    including whether the proposed rule                      Submission for OMB Review;                                a securities offering must keep accurate
                                                    change is consistent with the Act.                       Comment Request                                           records of persons who have indicated
                                                    Comments may be submitted by any of                                                                                interest in an IPO or requested a
                                                    the following methods:                                   Upon Written Request, Copies Available
                                                                                                              From: U.S. Securities and Exchange                       prospectus, so that they know to whom
                                                    Electronic Comments                                       Commission, Office of FOIA Services,                     they must send a prospectus.
                                                      • Use the Commission’s Internet                         Washington, DC 20549–0213.                                  The Commission estimates that the
                                                    comment form (http://www.sec.gov/                        Extension:                                                time broker-dealers will spend
                                                    rules/sro.shtml); or                                       Rule 15c2–8. SEC File No. 270–421, OMB                  complying with the collection of
                                                      • Send an email to rule-comments@                          Control No. 3235–0481.                                information required by the rule is
                                                    sec.gov. Please include File Number SR–                     Notice is hereby given that pursuant                   11,900 hours for equity IPOs and 86,460
                                                    NYSEMKT–2015–46 on the subject line.                     to the Paperwork Reduction Act of 1995                    hours for other offerings. The
                                                    Paper Comments                                           (44 U.S.C. 3501 et seq.), the Securities                  Commission estimates that the total
                                                                                                             and Exchange Commission                                   annualized cost burden (copying and
                                                       • Send paper comments in triplicate
                                                    to Secretary, Securities and Exchange                    (‘‘Commission’’) has submitted to the                     postage costs) is $23,800,000 for IPOs
                                                    Commission, 100 F Street NE.,                            Office of Management and Budget                           and $3,458,400 for other offerings.
                                                    Washington, DC 20549–1090.                               (‘‘OMB’’) a request for approval of                          An agency may not conduct or
                                                                                                             extension of the existing collection of                   sponsor, and a person is not required to
                                                    All submissions should refer to File
                                                                                                             information provided for in the                           respond to, a collection of information
                                                    Number SR–NYSEMKT–2015–46. This
                                                                                                             following rule: Rule 15c2–8 (17 CFR
                                                    file number should be included on the                                                                              under the PRA unless it displays a
                                                                                                             240.15c2–8), under the Securities
                                                    subject line if email is used. To help the                                                                         currently valid OMB control number.
                                                                                                             Exchange Act of 1934 (15 U.S.C. 78a et
                                                    Commission process and review your                                                                                    The public may view background
                                                                                                             seq.).
                                                    comments more efficiently, please use                       Rule 15c2–8 requires broker-dealers to                 documentation for this information
                                                    only one method. The Commission will                     deliver preliminary and/or final                          collection at the following Web site:
                                                    post all comments on the Commission’s                    prospectuses to certain people under                      www.reginfo.gov. Comments should be
                                                    Internet Web site (http://www.sec.gov/                   certain circumstances. In connection                      directed to: (i) Desk Officer for the
                                                    rules/sro.shtml). Copies of the                          with securities offerings generally,                      Securities and Exchange Commission,
                                                    submission, all subsequent                               including initial public offerings (IPOs),
                                                    amendments, all written statements                                                                                 Office of Information and Regulatory
                                                                                                             the rule requires broker-dealers to take                  Affairs, Office of Management and
                                                    with respect to the proposed rule                        reasonable steps to distribute copies of
                                                    change that are filed with the                                                                                     Budget, Room 10102, New Executive
                                                                                                             the preliminary or final prospectus to                    Office Building, Washington, DC 20503,
                                                    Commission, and all written                              anyone who makes a written request, as
                                                    communications relating to the                                                                                     or by sending an email to: Shagufta_
                                                                                                             well as any broker-dealer who is
                                                    proposed rule change between the                                                                                   Ahmed@omb.eop.gov; and (ii) Pamela
                                                                                                             expected to solicit purchases of the
                                                    Commission and any person, other than                    security and who makes a request. In                      Dyson, Director/Chief Information
                                                    those that may be withheld from the                      connection with IPOs, the rule requires                   Officer, Securities and Exchange
                                                    public in accordance with the                            a broker-dealer to send a copy of the                     Commission, c/o Remi Pavlik-Simon,
                                                    provisions of 5 U.S.C. 552, will be                      preliminary prospectus to any person                      100 F Street NE., Washington, DC
                                                    available for Web site viewing and                       who is expected to receive a                              20549, or by sending an email to: PRA_
                                                    printing in the Commission’s Public                      confirmation of sale (generally, this                     Mailbox@sec.gov. Comments must be
                                                    Reference Room, 100 F Street NE.,                        means any person who is expected to                       submitted to OMB within 30 days of
                                                    Washington, DC 20549–1090, on official                   actually purchase the security in the                     this notice.
                                                    business days between the hours of                       offering) at least 48 hours prior to the                    Dated: July 7, 2015.
                                                    10:00 a.m. and 3:00 p.m. Copies of the
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                                                                                                             sending of such confirmation. This
                                                    filing will also be available for                                                                                  Brent J. Fields,
                                                                                                             requirement is sometimes referred to as
                                                    inspection and copying at the principal                  the ‘‘48 hour rule.’’                                     Secretary.
                                                    office of the Exchange. All comments                        Additionally, managing underwriters                    [FR Doc. 2015–17181 Filed 7–13–15; 8:45 am]
                                                    received will be posted without change;                  are required to take reasonable steps to                  BILLING CODE 8011–01–P
                                                    the Commission does not edit personal                    ensure that all broker-dealers
                                                    identifying information from                             participating in the distribution of or
                                                    submissions. You should submit only
                                                    information that you wish to make                             16 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-23 09:19:12
Document Modified: 2018-02-23 09:19:12
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 41123 

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