80_FR_44312 80 FR 44170 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a Proposed Rule Change Adopting New Equity Trading Rules Relating to Trading Sessions, Order Ranking and Display, and Order Execution To Reflect the Implementation of Pillar, the Exchange's New Trading Technology Platform

80 FR 44170 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a Proposed Rule Change Adopting New Equity Trading Rules Relating to Trading Sessions, Order Ranking and Display, and Order Execution To Reflect the Implementation of Pillar, the Exchange's New Trading Technology Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 142 (July 24, 2015)

Page Range44170-44172
FR Document2015-18128

Federal Register, Volume 80 Issue 142 (Friday, July 24, 2015)
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Notices]
[Pages 44170-44172]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18128]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75494; File No. SR-NYSEArca-2015-38]


Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a 
Proposed Rule Change Adopting New Equity Trading Rules Relating to 
Trading Sessions, Order Ranking and Display, and Order Execution To 
Reflect the Implementation of Pillar, the Exchange's New Trading 
Technology Platform

July 20, 2015.

I. Introduction

    On April 30, 2015, NYSE Arca, Inc. (the ``Exchange'' or ``Arca'') 
filed with the Securities and Exchange Commission (``Commission''), 
pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to 
adopt new equity trading rules relating to Trading Sessions, Order 
Ranking and Display, and Order Execution to reflect the implementation 
of Pillar, the Exchange's new trading technology platform. The proposed 
rule change was published for comment in the Federal Register on May 
19, 2015.\3\ The Commission received no comment letters on the proposed 
rule change. On June 23, 2015, pursuant to section 19(b)(2) of the 
Act,\3\ the Commission designated a longer period within which to 
approve the proposed rule change, disapprove the proposed rule change, 
or institute proceedings to determine whether to approve or disapprove 
the proposed rule change.\4\ This order approves the proposed rule 
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4
    \3\ See Securities Exchange Act Release No. 74951 (May 13, 
2015), 80 FR 28721 (``Notice'').
    \3\ 15 U.S.C. 78s(b)(2).
    \4\ See Securities Exchange Act Release No. 75273, 80 FR 37033 
(June 29, 2015).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to adopt new equity trading rules relating to 
the implementation of Pillar, the Exchange's new trading technology 
platform. The Exchange proposes to adopt the following new Pillar 
rules: (1) NYSE

[[Page 44171]]

Arca Equities Rule 7.34P (``Rule 7.34P'') related to trading session; 
(2) NYSE Arca Equities Rule 7.36P (``Rule 7.36P'') related to order 
ranking and display; and NYSE Arca Equities Rule 7.37P (``Rule 7.37P'') 
related to order execution. According to the Exchange, these three 
rules would set forth the foundation of the Exchange's equity trading 
model in Pillar, including the hours of operation, how orders would be 
ranked and displayed, and how orders would be executed.\5\
---------------------------------------------------------------------------

    \5\ See Notice at 28722.
---------------------------------------------------------------------------

A. Background

    The Exchange represents that Pillar is an integrated trading 
technology platform designed to use a single specification for 
connecting to the equities and options markets operated by Arca and its 
affiliates, New York Stock Exchange LLC and NYSE MKT LLC. NYSE Arca 
Equities will be the first trading system to migrate to Pillar.\6\ The 
Exchange states that during the first phase of Pillar implementation, 
it will roll out the new technology platform over a period of time 
based on a range of symbols.\7\ Because orders entered in symbols not 
yet migrated to Pillar would continue to operate under current rules, 
the Exchange will keep its current rules, pending complete migration of 
symbols to Pillar and retirement of the current trading system, and 
will add new rules that would be applicable to symbols that trade on 
the Pillar trading platform.\8\
---------------------------------------------------------------------------

    \6\ See Notice at 28722; see also Trader Update dated January 
29, 2015, available here: http://www1.nyse.com/pdfs/Pillar_Trader_Update_Jan_2015.pdf.
    \7\ See Notice at 28722.
    \8\ Id.
---------------------------------------------------------------------------

    As proposed, the new rules governing trading on Pillar would have 
the same numbering as current rules, but with the modifier ``P'' 
appended to the rule number. The Exchange proposes that rules with a 
``P'' modifier would operate for symbols that are trading on the Pillar 
trading platform. If a symbol is trading on the Pillar trading 
platform, a rule with the same number as a rule with a ``P'' modifier 
would no longer operate for that symbol and the Exchange would announce 
by Trader Update when symbols are trading on the Pillar trading 
platform. Definitions that do not have a companion version with a ``P'' 
modifier would continue to operate for all symbols. The Exchange has 
stated that once all symbols have migrated to the Pillar platform, it 
will file a rule proposal to delete rules that are no longer 
operative.\9\
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

B. Proposed Modifications

    The Exchange represents that it is not proposing that the core 
functionality of rules applicable to trading on Pillar would be 
different from rules applicable to trading on the current NYSE Arca 
Equities trading system.\10\ As described in detail in the Notice, 
Rules 7.34P, 7.36P, and 7.37P incorporate much of the substance of 
current NYSE Arca Rules 7.34, 7.36, and 7.37, respectively. However, 
with Pillar, the Exchange would introduce new terminology, reorganize 
and redraft certain provisions to improve clarity, and provide 
additional detail to other current provisions being redesignated.\11\ 
The Exchange also proposes to make several changes that are more 
substantive in nature, as follows:
---------------------------------------------------------------------------

    \10\ Id.
    \11\ See id. at 28723-31.
---------------------------------------------------------------------------

     The Core Open Auction would occur during the Core Trading 
Session, rather than during Early Trading Session; \12\
---------------------------------------------------------------------------

    \12\ See proposed rule 7.34P(a)(2); see also Notice at 28723.
---------------------------------------------------------------------------

     Tracking Orders would now be permitted to participate in 
the Early Trading Session; \13\
---------------------------------------------------------------------------

    \13\ See current rule 7.34(d)(1)(C), which would not be carried 
over to proposed 7.34P; see also Notice at 28724.
---------------------------------------------------------------------------

     during the Early Trading Session, for securities that are 
not eligible for an auction on the Exchange, all Market Orders 
designated for the Core Trading Session and Auction-Only Orders would 
be routed to the primary listing market on arrival (unless the market 
is not accepting orders), whereas currently this only occurs if orders 
include a ``Primary Only'' designation; \14\
---------------------------------------------------------------------------

    \14\ See proposed rule 7.34P(c)(1)(D); see also Notice at 28724.
---------------------------------------------------------------------------

     Market Orders in securities that are not eligible for the 
Core Open Auction will be routed to the primary listing market until 
the first print of any size (the current rule does not specify that the 
first opening print can include an odd-lot transaction) on the primary 
listing market, and the Exchange would now stop routing Market Orders 
to the primary listing market and begin processing those orders on the 
Exchange at 10am EST; \15\
---------------------------------------------------------------------------

    \15\ See proposed rule 7.34P(c)(2)(A); see also Notice at 28725.
---------------------------------------------------------------------------

     during the Core Trading Session, Auction-Only Orders in 
securities that are not eligible for an auction on Arca would be 
accepted and routed directly to the primary listing market,\16\ whereas 
currently this only occurs if orders include a ``Primary Only'' 
designation;
---------------------------------------------------------------------------

    \16\ See proposed rule 7.34P(c)(2)(B); see also Notice at 28725.
---------------------------------------------------------------------------

     Tracking Orders would now be eligible to participate in 
the Late Trading Session; \17\ and
---------------------------------------------------------------------------

    \17\ See current rule 7.34(d)(3)(C), which would not be carried 
over to proposed 7.34P; see also Notice at 28725.
---------------------------------------------------------------------------

     an order marked ``short'' when a short sale price test 
restriction is in effect would not be routed and would be repriced or 
cancelled.\18\
---------------------------------------------------------------------------

    \18\ See proposed rule 7.37P(b)(8); see also Notice at 28730.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act \19\ and the 
rules and regulations thereunder applicable to a national securities 
exchange.\20\ In particular, the Commission finds that the proposed 
rule change is consistent with section 6(b)(5) of the Act,\21\ which 
requires, among other things, that the rules of a national securities 
exchange be designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest and that the 
rules are not designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f.
    \20\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \21\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission notes that the Exchange believes that the proposed 
rules would remove impediments to and perfect the mechanism of a free 
and open market because the proposed rule set would promote 
transparency by simplifying the structure of Exchange rules and using 
consistent terminology governing equities trading, and by clearly 
denoting the rules that govern once a symbol has been migrated to the 
Pillar platform.\22\ With respect to proposed Rule 7.34P, the Exchange 
represents that it believes that the proposed changes to functionality 
would remove impediments to and perfect the mechanism of a fair and 
orderly market.\23\ With respect to proposed Rules 7.36P and 7.37P, the 
Exchange stated that it believes that the

[[Page 44172]]

proposed rule text promotes transparency through the use of consistent 
terminology that will serve as the foundation for additional Pillar-
related rule proposals, and by providing notice of when orders would be 
accepted, routed, rejected, cancelled, or be assigned a working time by 
the Exchange.\24\
---------------------------------------------------------------------------

    \22\ See Notice at 28732.
    \23\ See id.
    \24\ See id.
---------------------------------------------------------------------------

    Based on the Exchange's representations, the Commission believes 
that the proposed rule change does not raise any novel regulatory 
considerations and should provide greater specificity with respect to 
the functionality available on the Exchange as symbols are migrated to 
the Pillar platform. For these reasons, the Commission believes that 
the proposal should help to prevent fraudulent and manipulative acts 
and practices, promote just and equitable principles of trade, remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general, protect investors and the 
public interest.

IV. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the 
Act,\25\ that the proposed rule change (SR-NYSEArca-2015-38) be, and 
hereby is, approved.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18128 Filed 7-23-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    44170                            Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices

                                                    Exchanges believe that the CUBE and                      the proposals amend NYSE Arca Rule                      For the Commission, by the Division of
                                                    COPIP are analogous to the COA in that                   6.91(c)(3) and NYSE MKT Rule                          Trading and Markets, pursuant to delegated
                                                    they are designed to attract liquidity and                                                                     authority.34
                                                                                                             980NY(e)(3) to establish a minimum
                                                    provide opportunities for price                          duration of 500 milliseconds for the                  Robert W. Errett,
                                                    improvement.25                                           Response Time Interval.30                             Deputy Secretary.
                                                                                                                                                                   [FR Doc. 2015–18129 Filed 7–23–15; 8:45 am]
                                                    III. Discussion and Commission                              The Commission believes that the
                                                                                                                                                                   BILLING CODE 8011–01–P
                                                    Findings                                                 changes establishing a minimum
                                                       After careful review, the Commission                  duration for the Response Time Interval
                                                    finds that the proposed rule changes are                 and providing for expanded                            SECURITIES AND EXCHANGE
                                                    consistent with the Act and the rules                    participation in the COA could enhance                COMMISSION
                                                    and regulations thereunder applicable to                 competition in the COA. As noted
                                                                                                                                                                   [Release No. 34–75494; File No. SR–
                                                    a national securities exchange.26 In                     above, each Exchange surveyed its                     NYSEArca–2015–38]
                                                    particular, the Commission finds that                    trading permit holders to determine
                                                    the proposed rule changes are consistent                 whether they would be able to respond                 Self-Regulatory Organizations; NYSE
                                                    with section 6(b)(5) of the Act,27 which                 to a COA auction lasting 100                          Arca, Inc.; Order Approving a
                                                    requires that the rules of the exchange                  milliseconds. According to the                        Proposed Rule Change Adopting New
                                                    be designed, among other things, to                      Exchanges, 77% of the survey                          Equity Trading Rules Relating to
                                                    prevent fraudulent and manipulative                      respondents indicated that they would                 Trading Sessions, Order Ranking and
                                                    acts and practices, to promote just and                  be able to respond to an auction lasting              Display, and Order Execution To
                                                    equitable principles of trade, to remove                 100 milliseconds.31 Based on the                      Reflect the Implementation of Pillar,
                                                    impediments to and perfect the                           Exchanges’ statements, the Commission                 the Exchange’s New Trading
                                                    mechanism of a free and open market                      believes that establishing a minimum                  Technology Platform
                                                    and a national market system, and, in                    duration of 500 milliseconds for the
                                                    general, to protect investors and the                                                                          July 20, 2015.
                                                                                                             Response Time Interval should provide
                                                    public interest.                                                                                               I. Introduction
                                                       Users trading as principal on the                     market participants with an opportunity
                                                    Exchanges may not trade with orders                      to compete for exposed bids and offers                   On April 30, 2015, NYSE Arca, Inc.
                                                    they represent as agent unless the one-                  in a COA auction while facilitating the               (the ‘‘Exchange’’ or ‘‘Arca’’) filed with
                                                    second order exposure requirements of                    prompt execution of orders in the                     the Securities and Exchange
                                                    NYSE Arca Rule 6.47A or NYSE MKT                         COA.32 In addition, allowing all trading              Commission (‘‘Commission’’), pursuant
                                                    Rule 935NY, as applicable, are satisfied.                permit holders to submit RFR Responses                to section 19(b)(1) of the Securities
                                                    The proposals amend NYSE Arca Rule                       could result in greater participation and             Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                    6.47A and NYSE MKT Rule 935NY to                         increased competition in the COA,                     19b–4 thereunder,2 a proposed rule
                                                    allow Users to utilize the COA to satisfy                potentially leading to greater                        change to adopt new equity trading
                                                    the order exposure requirements.28                       opportunities for price improvement for               rules relating to Trading Sessions, Order
                                                    Thus, an electronic complex order                        orders submitted to a COA.                            Ranking and Display, and Order
                                                    subject to a COA would not be subject                    Accordingly, the Commission believes                  Execution to reflect the implementation
                                                    to the one-second order exposure                                                                               of Pillar, the Exchange’s new trading
                                                                                                             that it is consistent with the Act to
                                                    requirements of NYSE Arca Rule 6.47A                                                                           technology platform. The proposed rule
                                                                                                             allow Users to utilize the COA to satisfy
                                                    or NYSE MKT Rule 935NY, and a User                                                                             change was published for comment in
                                                                                                             the order exposure requirements of                    the Federal Register on May 19, 2015.3
                                                    that utilizes the COA pursuant to NYSE                   NYSE Arca Rule 6.47A and NYSE MKT
                                                    Arca Rule 6.91(c) or NYSE MKT Rule                                                                             The Commission received no comment
                                                                                                             Rule 935NY.                                           letters on the proposed rule change. On
                                                    980NY(e) would be able to submit a
                                                    principal order during the Response                      IV. Conclusion                                        June 23, 2015, pursuant to section
                                                    Time Interval to trade against an order                                                                        19(b)(2) of the Act,3 the Commission
                                                                                                               It is therefore ordered, pursuant to                designated a longer period within which
                                                    it represents as agent.29 The proposals
                                                    also amend NYSE Arca Rule 6.91(c)(4)                     section 19(b)(2) of the Act,33 that the               to approve the proposed rule change,
                                                    and NYSE MKT Rule 980NY(e)(4) to                         proposed rule changes (File Nos. SR–                  disapprove the proposed rule change, or
                                                    allow all trading permit holders—rather                  NYSEArca–2015–43 and SR–                              institute proceedings to determine
                                                    than only market makers in the relevant                  NYSEMKT–2015–41) are approved.                        whether to approve or disapprove the
                                                    options class and trading permit holders                                                                       proposed rule change.4 This order
                                                    representing orders at the top of the                                                                          approves the proposed rule change.
                                                    Consolidated Book in the relevant                          30 The rules will continue to provide that the      II. Description of the Proposed Rule
                                                    series—to respond to a COA. Finally,                     Response Time Interval will not exceed one second.    Change
                                                                                                               31 See notes 20–21, supra, and accompanying

                                                      25 See NYSE Arca Notice, 80 FR at 32421; and           text.
                                                                                                                                                                      The Exchange proposes to adopt new
                                                    NYSE MKT Notice, 80 FR at 32428.                           32 The Commission notes that it has previously      equity trading rules relating to the
                                                      26 In approving this proposed rule change, the         approved 500-millisecond response periods for         implementation of Pillar, the Exchange’s
                                                    Commission notes that it has considered the              other auctions, as well as a response period of 100   new trading technology platform. The
                                                    proposed rule’s impact on efficiency, competition,       milliseconds for BOX’s COPIP auction. See ISE         Exchange proposes to adopt the
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                                                    and capital formation. See 15 U.S.C. 78c(f).
                                                      27 15 U.S.C. 78(b)(5).
                                                                                                             Rules 716, Supplementary Material .04 (providing      following new Pillar rules: (1) NYSE
                                                                                                             500 milliseconds to submit Responses in the Block
                                                      28 The proposals also make conforming changes
                                                                                                             Order Mechanism, the Facilitation Mechanism, and        1 15 U.S.C. 78s(b)(1).
                                                    to NYSE Arca Rule 6.91(c)(3) and NYSE MKT Rule           the Solicited Order Mechanism); and 723(c)(1)           2 17 CFR 240.19b–4
                                                    980NY(e)(3) to delete sentences stating that the
                                                                                                             (establishing a 500-millisecond exposure period for     3 See Securities Exchange Act Release No. 74951
                                                    obligations of NYSE Arca Rule 6.47A and 935NY
                                                    are separate from the duration of the Response Time      the Price Improvement Mechanism); and BOX Rule        (May 13, 2015), 80 FR 28721 (‘‘Notice’’).
                                                    Interval.                                                7245(f)(1).                                             3 15 U.S.C. 78s(b)(2).
                                                      29 See NYSE Arca Notice, 80 FR at 32422 and              33 15 U.S.C. 78s(b)(2).                               4 See Securities Exchange Act Release No. 75273,

                                                    NYSE MKT Notice, 80 FR at 32428.                           34 17 CFR 200.30–3(a)(12).                          80 FR 37033 (June 29, 2015).



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                                                                                     Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices                                                      44171

                                                    Arca Equities Rule 7.34P (‘‘Rule 7.34P’’)                B. Proposed Modifications                               currently this only occurs if orders
                                                    related to trading session; (2) NYSE                                                                             include a ‘‘Primary Only’’ designation;
                                                    Arca Equities Rule 7.36P (‘‘Rule 7.36P’’)                   The Exchange represents that it is not                  • Tracking Orders would now be
                                                    related to order ranking and display;                    proposing that the core functionality of                eligible to participate in the Late
                                                    and NYSE Arca Equities Rule 7.37P                        rules applicable to trading on Pillar                   Trading Session; 17 and
                                                    (‘‘Rule 7.37P’’) related to order                        would be different from rules applicable                   • an order marked ‘‘short’’ when a
                                                    execution. According to the Exchange,                    to trading on the current NYSE Arca                     short sale price test restriction is in
                                                    these three rules would set forth the                    Equities trading system.10 As described                 effect would not be routed and would be
                                                    foundation of the Exchange’s equity                      in detail in the Notice, Rules 7.34P,                   repriced or cancelled.18
                                                    trading model in Pillar, including the                   7.36P, and 7.37P incorporate much of
                                                                                                             the substance of current NYSE Arca                      III. Discussion and Commission
                                                    hours of operation, how orders would                                                                             Findings
                                                    be ranked and displayed, and how                         Rules 7.34, 7.36, and 7.37, respectively.
                                                    orders would be executed.5                               However, with Pillar, the Exchange                         After careful review, the Commission
                                                                                                             would introduce new terminology,                        finds that the proposed rule change is
                                                    A. Background                                            reorganize and redraft certain provisions               consistent with the requirements of the
                                                                                                             to improve clarity, and provide                         Act 19 and the rules and regulations
                                                       The Exchange represents that Pillar is
                                                                                                             additional detail to other current                      thereunder applicable to a national
                                                    an integrated trading technology
                                                                                                             provisions being redesignated.11 The                    securities exchange.20 In particular, the
                                                    platform designed to use a single
                                                                                                             Exchange also proposes to make several                  Commission finds that the proposed
                                                    specification for connecting to the
                                                                                                             changes that are more substantive in                    rule change is consistent with section
                                                    equities and options markets operated
                                                                                                             nature, as follows:                                     6(b)(5) of the Act,21 which requires,
                                                    by Arca and its affiliates, New York
                                                                                                                • The Core Open Auction would                        among other things, that the rules of a
                                                    Stock Exchange LLC and NYSE MKT
                                                                                                             occur during the Core Trading Session,                  national securities exchange be
                                                    LLC. NYSE Arca Equities will be the
                                                                                                             rather than during Early Trading                        designed to prevent fraudulent and
                                                    first trading system to migrate to Pillar.6
                                                                                                             Session; 12                                             manipulative acts and practices, to
                                                    The Exchange states that during the first                                                                        promote just and equitable principles of
                                                    phase of Pillar implementation, it will                     • Tracking Orders would now be                       trade, to foster cooperation and
                                                    roll out the new technology platform                     permitted to participate in the Early                   coordination with persons engaged in
                                                    over a period of time based on a range                   Trading Session; 13                                     facilitating transactions in securities, to
                                                    of symbols.7 Because orders entered in                      • during the Early Trading Session,                  remove impediments to and perfect the
                                                    symbols not yet migrated to Pillar                       for securities that are not eligible for an             mechanism of a free and open market
                                                    would continue to operate under                          auction on the Exchange, all Market                     and a national market system, and, in
                                                    current rules, the Exchange will keep its                Orders designated for the Core Trading                  general, to protect investors and the
                                                    current rules, pending complete                          Session and Auction-Only Orders                         public interest and that the rules are not
                                                    migration of symbols to Pillar and                       would be routed to the primary listing                  designed to permit unfair
                                                    retirement of the current trading system,                market on arrival (unless the market is                 discrimination between customers,
                                                    and will add new rules that would be                     not accepting orders), whereas currently                issuers, brokers, or dealers.
                                                    applicable to symbols that trade on the                  this only occurs if orders include a                       The Commission notes that the
                                                    Pillar trading platform.8                                ‘‘Primary Only’’ designation; 14                        Exchange believes that the proposed
                                                       As proposed, the new rules governing                                                                          rules would remove impediments to and
                                                    trading on Pillar would have the same                       • Market Orders in securities that are
                                                                                                             not eligible for the Core Open Auction                  perfect the mechanism of a free and
                                                    numbering as current rules, but with the                                                                         open market because the proposed rule
                                                    modifier ‘‘P’’ appended to the rule                      will be routed to the primary listing
                                                                                                             market until the first print of any size                set would promote transparency by
                                                    number. The Exchange proposes that                                                                               simplifying the structure of Exchange
                                                    rules with a ‘‘P’’ modifier would operate                (the current rule does not specify that
                                                                                                                                                                     rules and using consistent terminology
                                                    for symbols that are trading on the Pillar               the first opening print can include an
                                                                                                                                                                     governing equities trading, and by
                                                    trading platform. If a symbol is trading                 odd-lot transaction) on the primary
                                                                                                                                                                     clearly denoting the rules that govern
                                                    on the Pillar trading platform, a rule                   listing market, and the Exchange would
                                                                                                                                                                     once a symbol has been migrated to the
                                                    with the same number as a rule with a                    now stop routing Market Orders to the
                                                                                                                                                                     Pillar platform.22 With respect to
                                                    ‘‘P’’ modifier would no longer operate                   primary listing market and begin
                                                                                                                                                                     proposed Rule 7.34P, the Exchange
                                                    for that symbol and the Exchange would                   processing those orders on the Exchange
                                                                                                                                                                     represents that it believes that the
                                                    announce by Trader Update when                           at 10am EST; 15
                                                                                                                                                                     proposed changes to functionality
                                                    symbols are trading on the Pillar trading                   • during the Core Trading Session,                   would remove impediments to and
                                                    platform. Definitions that do not have a                 Auction-Only Orders in securities that                  perfect the mechanism of a fair and
                                                    companion version with a ‘‘P’’ modifier                  are not eligible for an auction on Arca                 orderly market.23 With respect to
                                                    would continue to operate for all                        would be accepted and routed directly                   proposed Rules 7.36P and 7.37P, the
                                                    symbols. The Exchange has stated that                    to the primary listing market,16 whereas                Exchange stated that it believes that the
                                                    once all symbols have migrated to the
                                                    Pillar platform, it will file a rule                          10 Id.                                                17 See current rule 7.34(d)(3)(C), which would not

                                                    proposal to delete rules that are no                          11 See
                                                                                                                       id. at 28723–31.                              be carried over to proposed 7.34P; see also Notice
                                                                                                                12 See proposed rule 7.34P(a)(2); see also Notice    at 28725.
                                                    longer operative.9
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                                                                                                                                                                        18 See proposed rule 7.37P(b)(8); see also Notice
                                                                                                             at 28723.
                                                                                                                13 See current rule 7.34(d)(1)(C), which would not   at 28730.
                                                      5 See Notice at 28722.                                                                                            19 15 U.S.C. 78f.
                                                                                                             be carried over to proposed 7.34P; see also Notice
                                                      6 See Notice at 28722; see also Trader Update          at 28724.                                                  20 In approving this proposed rule change, the

                                                    dated January 29, 2015, available here: http://             14 See proposed rule 7.34P(c)(1)(D); see also        Commission has considered the proposed rule’s
                                                    www1.nyse.com/pdfs/Pillar_Trader_Update_Jan_             Notice at 28724.                                        impact on efficiency, competition, and capital
                                                    2015.pdf.                                                   15 See proposed rule 7.34P(c)(2)(A); see also        formation. See 15 U.S.C. 78c(f).
                                                      7 See Notice at 28722.                                                                                            21 15 U.S.C. 78f(b)(5).
                                                                                                             Notice at 28725.
                                                      8 Id.                                                     16 See proposed rule 7.34P(c)(2)(B); see also           22 See Notice at 28732.
                                                      9 Id.                                                  Notice at 28725.                                           23 See id.




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                                                    44172                            Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices

                                                    proposed rule text promotes                              2015, BOX Options Exchange LLC (the                   Makers on the Exchange. The Rule
                                                    transparency through the use of                          ‘‘Exchange’’) filed with the Securities               states that, in addition to other
                                                    consistent terminology that will serve as                and Exchange Commission                               requirements, Market Makers must post
                                                    the foundation for additional Pillar-                    (‘‘Commission’’) the proposed rule                    valid quotes throughout the trading day
                                                    related rule proposals, and by providing                 change as described in Items I and II                 in its appointed classes at least sixty
                                                    notice of when orders would be                           below, which Items have been prepared                 percent (60%) of the time the classes are
                                                    accepted, routed, rejected, cancelled, or                by the self-regulatory organization. The              open for trading.
                                                    be assigned a working time by the                        Commission is publishing this notice to                  The Exchange proposes to define
                                                    Exchange.24                                              solicit comments on the proposed rule                 ‘‘adjusted series’’ for the purpose of
                                                       Based on the Exchange’s                               change from interested persons.                       BOX Rule 8050. An ‘‘adjusted series’’
                                                    representations, the Commission                                                                                under the Rule would be defined as an
                                                    believes that the proposed rule change                   I. Self-Regulatory Organization’s                     option series wherein, as a result of a
                                                    does not raise any novel regulatory                      Statement of the Terms of the Substance               corporate action by the issuer of the
                                                    considerations and should provide                        of the Proposed Rule Change                           underlying security, one option contract
                                                    greater specificity with respect to the                     The Exchange proposes to add                       in the series represents the delivery of
                                                    functionality available on the Exchange                  Interpretive Material (‘‘IM–8050–2’’) to              other than 100 shares of underlying
                                                    as symbols are migrated to the Pillar                    BOX Rule 8050 (Market Maker                           stock or Exchange Traded Fund Shares.
                                                    platform. For these reasons, the                         Quotations) to indicate that Market                      After a corporate action and a
                                                    Commission believes that the proposal                    Makers will not be obligated to quote in              subsequent adjustment to the existing
                                                    should help to prevent fraudulent and                    adjusted option series and to define                  options, the series in question are
                                                    manipulative acts and practices,                         what qualifies as an adjusted options                 identified by the Options Price
                                                    promote just and equitable principles of                 series. The text of the proposed rule                 Reporting Authority (‘‘OPRA’’) and at
                                                    trade, remove impediments to and                         change is available from the principal                Options Clearing Corporation (‘‘OCC’’)
                                                    perfect the mechanism of a free and                      office of the Exchange, at the                        with a separate symbol consisting of the
                                                    open market and a national market                        Commission’s Public Reference Room                    underlying symbol and a numerical
                                                    system, and, in general, protect                         and also on the Exchange’s Internet Web               appendage. As a standard procedure,
                                                    investors and the public interest.                       site at http://boxexchange.com.                       exchanges listing options on an
                                                                                                                                                                   underlying security which undergoes a
                                                    IV. Conclusion                                           II. Self-Regulatory Organization’s                    corporate action resulting in adjusted
                                                      It is therefore ordered, pursuant to                   Statement of the Purpose of, and                      series will list new standard option
                                                    section 19(b)(2) of the Act,25 that the                  Statutory Basis for, the Proposed Rule                series across all appropriate expiration
                                                    proposed rule change (SR–NYSEArca–                       Change                                                months the day after the existing series
                                                    2015–38) be, and hereby is, approved.                      In its filing with the Commission, the              are adjusted. The adjusted series are
                                                                                                             self-regulatory organization included                 generally active for a short period of
                                                      For the Commission, by the Division of
                                                    Trading and Markets, pursuant to delegated               statements concerning the purpose of,                 time following adjustment, but orders to
                                                    authority.26                                             and basis for, the proposed rule change               open an options position in the
                                                    Robert W. Errett,                                        and discussed any comments it received                underlying are almost exclusively
                                                    Deputy Secretary.                                        on the proposed rule change. The text                 placed in the new standard contracts.
                                                                                                             of these statements may be examined at                Although the adjusted series may not
                                                    [FR Doc. 2015–18128 Filed 7–23–15; 8:45 am]
                                                                                                             the places specified in Item IV below.                expire for as much as 27 months, in a
                                                    BILLING CODE 8011–01–P
                                                                                                             The self-regulatory organization has                  short time the adjusted series become
                                                                                                             prepared summaries, set forth in                      inactive. Thus, the burden of quoting
                                                                                                             sections A, B, and C below, of the most               these series generally outweighs the
                                                    SECURITIES AND EXCHANGE
                                                                                                             significant aspects of such statements.               benefit of being appointed in the class
                                                    COMMISSION
                                                                                                                                                                   because of the lack of interest in the
                                                    [Release No. 34–75489; File No. SR–BOX–                  A. Self-Regulatory Organization’s                     series by various market participants.
                                                    2015–26]                                                 Statement of the Purpose of, and                         The proposed rule change is similar to
                                                                                                             Statutory Basis for, the Proposed Rule                the NYSE Arca rule, in that the
                                                    Self-Regulatory Organizations; BOX                       Change                                                Exchange is merely proposing to
                                                    Options Exchange LLC; Notice of                                                                                exclude the adjusted series from the
                                                    Filing and Immediate Effectiveness of                    1. Purpose
                                                                                                                                                                   continuous quoting obligation, but not
                                                    a Proposed Rule Change To Add                               The Exchange proposes to add                       from other obligations under BOX Rule
                                                    Interpretive Material to BOX Rule 8050                   Interpretive Material (‘‘IM–8050–2’’) to              8050. The NYSE Arca rule excludes
                                                    To Indicate That Market Makers Will                      BOX Rule 8050 (Market Maker                           adjusted option series, and series with
                                                    Not Be Obligated To Quote in Adjusted                    Quotations) to indicate that Market                   a time to expiration of nine months or
                                                    Option Series and To Define What                         Makers will not be obligated to quote in              greater, for options on equities and
                                                    Qualifies as an Adjusted Options                         adjusted option series and to define                  Exchange Traded Fund Shares, and
                                                    Series                                                   what qualifies as an adjusted options                 series with a time to expiration of
                                                                                                             series. This is a competitive filing that             twelve months or greater for Index
                                                    July 20, 2015.
                                                                                                             is based on a proposal submitted by                   options. Similar to NYSE Arca, BOX
                                                       Pursuant to section 19(b)(1) of the                   NYSE Arca, Inc. (‘‘NYSE Arca’’) and                   already excludes from continuous
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Securities Exchange Act of 1934 (the                     approved by the Commission.3
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                         quoting requirements options series
                                                                                                                BOX Rule 8050 discusses the quoting                where the time to expiration is greater
                                                    notice is hereby given that on July 10,                  obligations that are applicable to Market             than nine (9) months,4 and is now
                                                      24 See id.                                                                                                   proposing to add the exclusion of
                                                                                                               3 See Securities Exchange Act Release No. 65573
                                                      25 15 U.S.C. 78s(b)(2).                                                                                      adjusted series. Of particular note, the
                                                                                                             (October 14, 2011), 76 FR 65305 (October 20, 2011)
                                                      26 17 CFR 200.30–3(a)(12).
                                                                                                             (Order Approving SR–NYSEArca–2011–59). See            proposal would not excuse a Market
                                                      1 15 U.S.C. 78s(b)(1).
                                                                                                             also NYSE Arca Rule 6.37B Market Maker
                                                      2 17 CFR 240.19b–4.                                    Quotations—OX.                                          4 See   BOX Rule 5070(a).



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Document Created: 2018-02-23 09:24:38
Document Modified: 2018-02-23 09:24:38
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 44170 

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