80_FR_60918 80 FR 60724 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Several Rules To Address Certain Order Handling Obligations on the Part of Its Floor Brokers

80 FR 60724 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Several Rules To Address Certain Order Handling Obligations on the Part of Its Floor Brokers

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 194 (October 7, 2015)

Page Range60724-60726
FR Document2015-25464

Federal Register, Volume 80 Issue 194 (Wednesday, October 7, 2015)
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60724-60726]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25464]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76064; File No. SR-NYSEMKT-2015-66]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Amending Several Rules 
To Address Certain Order Handling Obligations on the Part of Its Floor 
Brokers

October 1, 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 September 16, 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, II, 
and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend several rules to address certain 
order handling obligations on the part of its Floor Brokers. 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 several rules to address certain 
order handling obligations on the part of its Floor Brokers. 
Specifically, the Exchange is proposing to amend Rules 900.3NY, 933NY, 
and 936NY to clarify whether orders sent to Floor Brokers are 
considered ``Held'' or ``Not Held''. This proposal would enable the 
Exchange to compete with options exchanges that have already 
implemented the types of changes being proposed here.\4\
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    \4\ See Securities and Exchange Act Release Nos. 75299 (June 25, 
2015), 80 FR 37700 (July 1, 2015) (Approval Order); 74990 (May 18, 
2015), 80 FR 29767 (May 22, 2015) (SR-CBOE-2015-047) (Notice). The 
Exchange notes that, unlike CBOE, the Exchange does not route 
certain electronic order to Floor Brokers. Therefore, the Exchange 
is not proposing rule text mirroring CBOE's rule in this regard.
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    Current Rule 900.3NY(f) defines whether orders sent to Floor 
Brokers are presumed to be ``Held'' or ``Not Held.'' \5\ A ``Not Held'' 
order generally is one where the customer gives the Floor Broker 
discretion in executing the order, both with respect to the time of 
execution and the price (though the customer may specify a limit 
price), and the Floor Broker works the order over a period of time to 
avoid market impact while seeking best execution of the order. A 
``Held'' order generally is one where the customer seeks a prompt 
execution at the best currently available price or prices.
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    \5\ Rule 900.3NY(f) (Orders Defined) defines a ``Not Held 
Order'' as an order that is marked as ``not held'', ``NH'', or 
``take time,'' or ``which bears any qualifying notation giving 
discretion as to the price or time at which such order is to be 
executed.''
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    The Exchange now proposes to establish in Rules 900.3NY(f), 933NY, 
and 936NY a different default status for orders sent to Floor Brokers 
because the Exchange believes that these provisions are intended to 
protect against a broker failing to properly represent and ultimately 
execute orders.\6\ Specifically the Exchange is proposing to amend Rule 
900.3NY(f) to provide that ``[a]n order entrusted to a Floor Broker 
will be

[[Page 60725]]

considered a Not Held Order, unless otherwise specified by a Floor 
Broker's client.'' The Exchange is also proposing to add new Commentary 
.06 to Rule 933NY (Responsibilities of Floor Brokers) and to add 
language to Rule 936NY (Discretionary Transaction) that mirrors the 
language it proposes to add to Rule 900.3NY(f). The Exchange believes 
that these proposed changes, taken together, would result in a change 
to the default order handling obligations for orders sent to Floor 
Brokers (i.e., the Exchange would consider all orders sent to Floor 
Brokers to be ``Not Held'' by default).
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    \6\ The Exchange notes that at the time these rules were 
adopted, virtually all options orders (large or small and retail or 
professional) were handled by Floor Brokers. Given the discrete 
profile of orders handled by Floor Brokers today (generally large 
size orders and often multi-leg) it is reasonable for Floor Brokers 
to ``work'' orders that are entrusted to them because that is the 
reason a customer would utilize a Floor Broker in today's 
environment.
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    The Exchange notes that Rules 933NYand 936NY were based upon rules 
that were adopted prior to electronic trading and, therefore, did not 
contemplate the interaction between an electronic environment and a 
trading floor and have not been amended to specifically address that 
interaction. While it is clear that Floor Brokers have more discretion 
with regards to the manner in which they represent and execute orders 
on a trading floor than does a computer routing an order to the 
Exchange for execution, the bounds of the discretion have not been 
entirely clear. Rules 933NYand 936NY, among others, set certain 
boundaries to a Floor Broker's discretion, but the Exchange believes 
the current marketplace, with electronic and floor trading, favors an 
amendment to those boundaries.
    Electronic and floor trading gives clients the choice between an 
Amex Trading Permit Holder (``ATP'') that routes orders to the Exchange 
electronically or an ATP that executes orders via a Floor Broker. The 
Exchange believes that clients are keenly aware that the differences 
between electronic and floor trading include at least the following 
factors: A computer cannot deviate from its programed instructions, 
whereas a Floor Broker can take into account the nuance of the 
marketplace, such as the makeup of a particular trading floor, the 
individuals on that trading floor, and how the electronic books 
interact with that environment. The Exchange believes that clients use 
Floor Brokers precisely because Floor Brokers can take into account the 
nuance of the marketplace (i.e., exercise a certain level of 
discretion) to potentially provide higher execution quality. The 
Exchange likewise believes that if a client did not want a Floor Broker 
to use their expertise in the execution of an order, the client would 
simply send orders to the Exchange electronically.
    Given that Floor Brokers have more discretion with regards to the 
manner in which they represent and execute orders than do computers 
executing electronic orders, the Exchange is proposing to change 
certain boundaries related to that discretion. In particular, in 
recognition of the discretion implicit with the use of a Floor Broker, 
the Exchange seeks to provide notice to the marketplace that, unless 
otherwise specified by a Floor Broker's client, an order is deemed to 
be ``not held.'' The Exchange believes clients that choose to use Floor 
Brokers do so in order to utilize a Floor Broker's expertise in the 
execution of orders. This rule change would update Exchange rules by 
setting forth the presumptive discretion available to Floor Brokers in 
a manner consistent with modern market structure and the Floor Broker's 
role in the current trading environment. This filing also serves as 
notice to the investing community that orders sent to Floor Brokers 
will be deemed ``not held'' unless otherwise specified by the Floor 
Broker's client.
    In addition, the Exchange will announce the implementation of this 
rule change by Trader Update.
2. Statutory Basis
    The Exchange believes that the proposed change is consistent with 
Section 6(b) of the Act,\7\ in general, and furthers the objectives of 
Section 6(b)(5),\8\ in particular, in that it is designed to promote 
just and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in regulating, clearing, settling, 
processing information with respect to, and facilitation transactions 
in securities, to remove impediments to, and perfect the mechanism of a 
free and open market and, in general, to protect investors and the 
public interest. Additionally, the Exchange believes the proposed rule 
change is consistent with the Section 6(b)(5) \9\ requirement that the 
rules of an exchange not be designed to permit unfair discrimination 
between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
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    In particular, the Exchange believes that it has articulated a 
reasonable basis for changing the current default presumption of 
whether a customer intends to provide a Floor Broker with the ability 
to exercise time and price discretion on its behalf as long as the 
order is not otherwise marked in a manner to suggest that the customer 
did not intend for its order to be treated as Not Held. Other than 
changing the default presumption to ``Not Held'' for most orders sent 
to Floor Brokers, the Exchange is not proposing to change any other 
order handling obligations applicable to Floor Brokers. The Exchange 
believes that its proposal is consistent with the Act and is designed 
to promote just and equitable principles of trade and remove 
impediments to and perfect the mechanism of a free and open market 
because it responds to an understanding of the changing role of Floor 
Brokers on the Exchange's Floor since it adopted Rule 936NY, and its 
understanding of how customers today use, and intend to continue to 
use, the services of Floor Brokers on the Exchange. In addition, the 
Exchange believes designating certain orders as ``not held'' is in the 
interest of facilitating transactions in securities and reflective of 
today's marketplace, which generally helps to protect investors and the 
public interest.

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

    The Exchange does not believe that this proposed rule change would 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
the proposed rule change will impose any burden on competition because 
the rule change adds clarity regarding the default orders handling 
obligations for orders sent to Floor Brokers, reflects the modern 
market structure, is consistent with the reasons customers utilize 
Floor Brokers, and will be applied equally to all ATPs. To the extent 
that the proposed rule change will cause clients or brokers to choose 
the Exchange over other trading venues, market participants on other 
exchanges are welcome to become ATPs and trade at the Exchange if they 
determine that this proposed rule change has made the Exchange more 
attractive or favorable. In addition, as noted above, the Exchange 
believes the proposed rule change is pro-competitive and would allow 
the Exchange to compete more effectively with other options exchanges 
that have already adopted similar rule changes.\10\
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    \10\ See supra n. 4.
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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

[[Page 60726]]

19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\ 
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 prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\14\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

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

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-2015-66 on the subject line.

Paper Comments:

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

All submissions should refer to File Number SR-NYSEMKT-2015-66. 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 Section, 100 F Street 
NE., Washington, DC 20549-1090. Copies of the filing will also be 
available for inspection and copying at the NYSE's principal office and 
on its Internet Web site at www.nyse.com. 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-2015-66 and should be submitted 
on or before October 28, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-25464 Filed 10-6-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    60724                      Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices

                                                    IV. Solicitation of Comments                              For the Commission, by the Division of              The Exchange has prepared summaries,
                                                                                                            Trading and Markets, pursuant to delegated            set forth in sections A, B, and C below,
                                                      Interested persons are invited to                     authority.17                                          of the most significant parts of such
                                                    submit written data, views, and                         Robert W. Errett,                                     statements.
                                                    arguments concerning the foregoing,                     Deputy Secretary.
                                                    including whether the proposed rule                                                                           A. Self-Regulatory Organization’s
                                                                                                            [FR Doc. 2015–25463 Filed 10–6–15; 8:45 am]
                                                    change is consistent with the Act.                                                                            Statement of the Purpose of, and the
                                                                                                            BILLING CODE 8011–01–P
                                                                                                                                                                  Statutory Basis for, the Proposed Rule
                                                    Comments may be submitted by any of
                                                                                                                                                                  Change
                                                    the following methods:
                                                                                                            SECURITIES AND EXCHANGE                               1. Purpose
                                                    Electronic Comments                                     COMMISSION                                               The Exchange proposes to amend
                                                       • Use the Commission’s Internet                      [Release No. 34–76064; File No. SR–                   several rules to address certain order
                                                    comment form (http://www.sec.gov/                       NYSEMKT–2015–66]                                      handling obligations on the part of its
                                                    rules/sro.shtml); or                                                                                          Floor Brokers. Specifically, the
                                                                                                            Self-Regulatory Organizations; NYSE                   Exchange is proposing to amend Rules
                                                       • Send an email to rule-comments@                    MKT LLC; Notice of Filing and                         900.3NY, 933NY, and 936NY to clarify
                                                    sec.gov. Please include File Number SR–                 Immediate Effectiveness of Proposed                   whether orders sent to Floor Brokers are
                                                    NYSEARCA–2015–81 on the subject                         Rule Change Amending Several Rules                    considered ‘‘Held’’ or ‘‘Not Held’’. This
                                                    line.                                                   To Address Certain Order Handling                     proposal would enable the Exchange to
                                                    Paper Comments                                          Obligations on the Part of Its Floor                  compete with options exchanges that
                                                                                                            Brokers                                               have already implemented the types of
                                                      • Send paper comments in triplicate                                                                         changes being proposed here.4
                                                                                                            October 1, 2015.                                         Current Rule 900.3NY(f) defines
                                                    to Brent J. Fields, Secretary, Securities
                                                    and Exchange Commission, 100 F Street                      Pursuant to Section 19(b)(1) 1 of the              whether orders sent to Floor Brokers are
                                                    NE., Washington, DC 20549–1090.                         Securities Exchange Act of 1934 (the                  presumed to be ‘‘Held’’ or ‘‘Not Held.’’ 5
                                                                                                            ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                A ‘‘Not Held’’ order generally is one
                                                    All submissions should refer to File                    notice is hereby given that on                        where the customer gives the Floor
                                                    Number SR–NYSEARCA–2015–81. This                        September 16, 2015, NYSE MKT LLC                      Broker discretion in executing the order,
                                                    file number should be included on the                   (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed              both with respect to the time of
                                                    subject line if email is used. To help the              with the Securities and Exchange                      execution and the price (though the
                                                    Commission process and review your                      Commission (the ‘‘Commission’’) the                   customer may specify a limit price), and
                                                    comments more efficiently, please use                   proposed rule change as described in                  the Floor Broker works the order over a
                                                    only one method. The Commission will                    Items I, II, and III below, which Items               period of time to avoid market impact
                                                    post all comments on the Commission’s                   have been prepared by the self-                       while seeking best execution of the
                                                    Internet Web site (http://www.sec.gov/                  regulatory organization. The                          order. A ‘‘Held’’ order generally is one
                                                    rules/sro.shtml). Copies of the                         Commission is publishing this notice to               where the customer seeks a prompt
                                                    submission, all subsequent                              solicit comments on the proposed rule                 execution at the best currently available
                                                    amendments, all written statements                      change from interested persons.                       price or prices.
                                                    with respect to the proposed rule                                                                                The Exchange now proposes to
                                                                                                            I. Self-Regulatory Organization’s
                                                                                                                                                                  establish in Rules 900.3NY(f), 933NY,
                                                    change that are filed with the                          Statement of the Terms of Substance of
                                                                                                                                                                  and 936NY a different default status for
                                                    Commission, and all written                             the Proposed Rule Change
                                                                                                                                                                  orders sent to Floor Brokers because the
                                                    communications relating to the                             The Exchange proposes to amend                     Exchange believes that these provisions
                                                    proposed rule change between the                        several rules to address certain order                are intended to protect against a broker
                                                    Commission and any person, other than                   handling obligations on the part of its               failing to properly represent and
                                                    those that may be withheld from the                     Floor Brokers. The text of the proposed               ultimately execute orders.6 Specifically
                                                    public in accordance with the                           rule change is available on the                       the Exchange is proposing to amend
                                                    provisions of 5 U.S.C. 552, will be                     Exchange’s Web site at www.nyse.com,                  Rule 900.3NY(f) to provide that ‘‘[a]n
                                                    available for Web site viewing and                      at the principal office of the Exchange,              order entrusted to a Floor Broker will be
                                                    printing in the Commission’s Public                     and at the Commission’s Public
                                                    Reference Section, 100 F Street NE.,                    Reference Room.                                         4 See Securities and Exchange Act Release Nos.

                                                    Washington, DC 20549–1090. Copies of                                                                          75299 (June 25, 2015), 80 FR 37700 (July 1, 2015)
                                                                                                            II. Self-Regulatory Organization’s                    (Approval Order); 74990 (May 18, 2015), 80 FR
                                                    the filing will also be available for                   Statement of the Purpose of, and                      29767 (May 22, 2015) (SR–CBOE–2015–047)
                                                    inspection and copying at the NYSE’s                    Statutory Basis for, the Proposed Rule                (Notice). The Exchange notes that, unlike CBOE, the
                                                    principal office and on its Internet Web                                                                      Exchange does not route certain electronic order to
                                                                                                            Change                                                Floor Brokers. Therefore, the Exchange is not
                                                    site at www.nyse.com. All comments                                                                            proposing rule text mirroring CBOE’s rule in this
                                                    received will be posted without change;                   In its filing with the Commission, the              regard.
                                                    the Commission does not edit personal                   self-regulatory organization included                   5 Rule 900.3NY(f) (Orders Defined) defines a ‘‘Not

                                                    identifying information from                            statements concerning the purpose of,                 Held Order’’ as an order that is marked as ‘‘not
                                                                                                            and basis for, the proposed rule change               held’’, ‘‘NH’’, or ‘‘take time,’’ or ‘‘which bears any
                                                    submissions. You should submit only
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  qualifying notation giving discretion as to the price
                                                                                                            and discussed any comments it received
                                                    information that you wish to make                                                                             or time at which such order is to be executed.’’
                                                                                                            on the proposed rule change. The text                   6 The Exchange notes that at the time these rules
                                                    available publicly. All submissions                     of those statements may be examined at                were adopted, virtually all options orders (large or
                                                    should refer to File Number SR–                         the places specified in Item IV below.                small and retail or professional) were handled by
                                                    NYSEARCA–2015–81 and should be                                                                                Floor Brokers. Given the discrete profile of orders
                                                    submitted on or before October 28,                        17 17
                                                                                                                                                                  handled by Floor Brokers today (generally large size
                                                                                                                    CFR 200.30–3(a)(12).                          orders and often multi-leg) it is reasonable for Floor
                                                    2015.                                                     1 15 U.S.C. 78s(b)(1).                              Brokers to ‘‘work’’ orders that are entrusted to them
                                                                                                              2 15 U.S.C. 78a.
                                                                                                                                                                  because that is the reason a customer would utilize
                                                                                                              3 17 CFR 240.19b–4.                                 a Floor Broker in today’s environment.



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                                                                               Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices                                              60725

                                                    considered a Not Held Order, unless                     than do computers executing electronic                  any other order handling obligations
                                                    otherwise specified by a Floor Broker’s                 orders, the Exchange is proposing to                    applicable to Floor Brokers. The
                                                    client.’’ The Exchange is also proposing                change certain boundaries related to                    Exchange believes that its proposal is
                                                    to add new Commentary .06 to Rule                       that discretion. In particular, in                      consistent with the Act and is designed
                                                    933NY (Responsibilities of Floor                        recognition of the discretion implicit                  to promote just and equitable principles
                                                    Brokers) and to add language to Rule                    with the use of a Floor Broker, the                     of trade and remove impediments to and
                                                    936NY (Discretionary Transaction) that                  Exchange seeks to provide notice to the                 perfect the mechanism of a free and
                                                    mirrors the language it proposes to add                 marketplace that, unless otherwise                      open market because it responds to an
                                                    to Rule 900.3NY(f). The Exchange                        specified by a Floor Broker’s client, an                understanding of the changing role of
                                                    believes that these proposed changes,                   order is deemed to be ‘‘not held.’’ The                 Floor Brokers on the Exchange’s Floor
                                                    taken together, would result in a change                Exchange believes clients that choose to                since it adopted Rule 936NY, and its
                                                    to the default order handling obligations               use Floor Brokers do so in order to                     understanding of how customers today
                                                    for orders sent to Floor Brokers (i.e., the             utilize a Floor Broker’s expertise in the               use, and intend to continue to use, the
                                                    Exchange would consider all orders sent                 execution of orders. This rule change                   services of Floor Brokers on the
                                                    to Floor Brokers to be ‘‘Not Held’’ by                  would update Exchange rules by setting                  Exchange. In addition, the Exchange
                                                    default).                                               forth the presumptive discretion                        believes designating certain orders as
                                                       The Exchange notes that Rules                        available to Floor Brokers in a manner                  ‘‘not held’’ is in the interest of
                                                    933NYand 936NY were based upon                          consistent with modern market                           facilitating transactions in securities and
                                                    rules that were adopted prior to                        structure and the Floor Broker’s role in                reflective of today’s marketplace, which
                                                    electronic trading and, therefore, did not              the current trading environment. This                   generally helps to protect investors and
                                                    contemplate the interaction between an                  filing also serves as notice to the                     the public interest.
                                                    electronic environment and a trading                    investing community that orders sent to
                                                    floor and have not been amended to                                                                              B. Self-Regulatory Organization’s
                                                                                                            Floor Brokers will be deemed ‘‘not
                                                    specifically address that interaction.                                                                          Statement on Burden on Competition
                                                                                                            held’’ unless otherwise specified by the
                                                    While it is clear that Floor Brokers have               Floor Broker’s client.                                     The Exchange does not believe that
                                                    more discretion with regards to the                        In addition, the Exchange will                       this proposed rule change would
                                                    manner in which they represent and                      announce the implementation of this                     impose any burden on competition not
                                                    execute orders on a trading floor than                  rule change by Trader Update.                           necessary or appropriate in furtherance
                                                    does a computer routing an order to the                                                                         of the purposes of the Act. The
                                                    Exchange for execution, the bounds of                   2. Statutory Basis                                      Exchange does not believe the proposed
                                                    the discretion have not been entirely                      The Exchange believes that the                       rule change will impose any burden on
                                                    clear. Rules 933NYand 936NY, among                      proposed change is consistent with                      competition because the rule change
                                                    others, set certain boundaries to a Floor               Section 6(b) of the Act,7 in general, and               adds clarity regarding the default orders
                                                    Broker’s discretion, but the Exchange                   furthers the objectives of Section                      handling obligations for orders sent to
                                                    believes the current marketplace, with                  6(b)(5),8 in particular, in that it is                  Floor Brokers, reflects the modern
                                                    electronic and floor trading, favors an                 designed to promote just and equitable                  market structure, is consistent with the
                                                    amendment to those boundaries.                          principles of trade, to foster cooperation              reasons customers utilize Floor Brokers,
                                                       Electronic and floor trading gives                   and coordination with persons engaged                   and will be applied equally to all ATPs.
                                                    clients the choice between an Amex                      in regulating, clearing, settling,                      To the extent that the proposed rule
                                                    Trading Permit Holder (‘‘ATP’’) that                    processing information with respect to,                 change will cause clients or brokers to
                                                    routes orders to the Exchange                           and facilitation transactions in                        choose the Exchange over other trading
                                                    electronically or an ATP that executes                  securities, to remove impediments to,                   venues, market participants on other
                                                    orders via a Floor Broker. The Exchange                 and perfect the mechanism of a free and                 exchanges are welcome to become ATPs
                                                    believes that clients are keenly aware                  open market and, in general, to protect                 and trade at the Exchange if they
                                                    that the differences between electronic                 investors and the public interest.                      determine that this proposed rule
                                                    and floor trading include at least the                  Additionally, the Exchange believes the                 change has made the Exchange more
                                                    following factors: A computer cannot                    proposed rule change is consistent with                 attractive or favorable. In addition, as
                                                    deviate from its programed instructions,                the Section 6(b)(5) 9 requirement that                  noted above, the Exchange believes the
                                                    whereas a Floor Broker can take into                    the rules of an exchange not be designed                proposed rule change is pro-competitive
                                                    account the nuance of the marketplace,                  to permit unfair discrimination between                 and would allow the Exchange to
                                                    such as the makeup of a particular                      customers, issuers, brokers, or dealers.                compete more effectively with other
                                                    trading floor, the individuals on that                     In particular, the Exchange believes                 options exchanges that have already
                                                    trading floor, and how the electronic                   that it has articulated a reasonable basis              adopted similar rule changes.10
                                                    books interact with that environment.                   for changing the current default
                                                    The Exchange believes that clients use                  presumption of whether a customer                       C. Self-Regulatory Organization’s
                                                    Floor Brokers precisely because Floor                   intends to provide a Floor Broker with                  Statement on Comments on the
                                                    Brokers can take into account the                       the ability to exercise time and price                  Proposed Rule Change Received From
                                                    nuance of the marketplace (i.e., exercise               discretion on its behalf as long as the                 Members, Participants, or Others
                                                    a certain level of discretion) to                       order is not otherwise marked in a                        No written comments were solicited
                                                    potentially provide higher execution                    manner to suggest that the customer did                 or received with respect to the proposed
                                                    quality. The Exchange likewise believes
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                                                                                                            not intend for its order to be treated as               rule change.
                                                    that if a client did not want a Floor                   Not Held. Other than changing the
                                                    Broker to use their expertise in the                                                                            III. Date of Effectiveness of the
                                                                                                            default presumption to ‘‘Not Held’’ for
                                                    execution of an order, the client would                                                                         Proposed Rule Change and Timing for
                                                                                                            most orders sent to Floor Brokers, the
                                                    simply send orders to the Exchange                                                                              Commission Action
                                                                                                            Exchange is not proposing to change
                                                    electronically.                                                                                                    The Exchange has filed the proposed
                                                       Given that Floor Brokers have more                     7 15    U.S.C. 78f(b).                                rule change pursuant to Section
                                                    discretion with regards to the manner in                  8 15    U.S.C. 78f(b)(5).
                                                    which they represent and execute orders                   9 Id.                                                   10 See   supra n. 4.



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                                                    60726                       Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices

                                                    19(b)(3)(A)(iii) of the Act 11 and Rule                 file number should be included on the                 SUMMARY OF APPLICATION:     Applicants
                                                    19b–4(f)(6) thereunder.12 Because the                   subject line if email is used. To help the            request an order to permit certain
                                                    proposed rule change does not: (i)                      Commission process and review your                    business development companies
                                                    Significantly affect the protection of                  comments more efficiently, please use                 (‘‘BDCs’’) and closed-end management
                                                    investors or the public interest; (ii)                  only one method. The Commission will                  investment companies to co-invest in
                                                    impose any significant burden on                        post all comments on the Commission’s                 portfolio companies with each other and
                                                    competition; and (iii) become operative                 Internet Web site (http://www.sec.gov/                with affiliated investment funds.
                                                    prior to 30 days from the date on which                 rules/sro.shtml). Copies of the                       APPLICANTS: Triton Pacific Investment
                                                    it was filed, or such shorter time as the               submission, all subsequent                            Corporation, Inc. (the ‘‘Company’’),
                                                    Commission may designate, if                            amendments, all written statements                    Triton Pacific Income & Growth Fund
                                                    consistent with the protection of                       with respect to the proposed rule                     IV, LP (‘‘Fund IV’’), Triton Pacific
                                                    investors and the public interest, the                  change that are filed with the                        Platinum Fund IV, LP (‘‘Platinum IV’’
                                                    proposed rule change has become                         Commission, and all written                           and, together with Fund IV, the
                                                    effective pursuant to Section 19(b)(3)(A)               communications relating to the                        ‘‘Existing Affiliated Private Funds’’),
                                                    of the Act and Rule 19b–4(f)(6)(iii)                    proposed rule change between the                      TPCP Fund Manager IV, LLC (the ‘‘Fund
                                                    thereunder.                                             Commission and any person, other than                 Manager’’), Triton Pacific Adviser, LLC
                                                       A proposed rule change filed under                   those that may be withheld from the                   (the ‘‘BDC Adviser’’), Triton Pacific
                                                    Rule 19b–4(f)(6) 13 normally does not                   public in accordance with the                         Capital Partners, LLC (‘‘TPCP’’), and
                                                    become operative prior to 30 days after                 provisions of 5 U.S.C. 552, will be                   Triton Pacific Group, Inc. (‘‘TPG’’).
                                                    the date of the filing. However, pursuant               available for Web site viewing and                    FILING DATES: The application was filed
                                                    to Rule 19b4(f)(6)(iii),14 the Commission               printing in the Commission’s Public                   on February 8, 2013, and amended on
                                                    may designate a shorter time if such                    Reference Section, 100 F Street NE.,                  May 17, 2013, July 15, 2013, December
                                                    action is consistent with the protection                Washington, DC 20549–1090. Copies of                  18, 2013, June 12, 2014, November 25,
                                                    of investors and the public interest.                   the filing will also be available for                 2014, May 28, 2015, and September 29,
                                                       At any time within 60 days of the                    inspection and copying at the NYSE’s                  2015.
                                                    filing of such proposed rule change, the                principal office and on its Internet Web              HEARING OR NOTIFICATION OF HEARING: An
                                                    Commission summarily may                                site at www.nyse.com. All comments                    order granting the requested relief will
                                                    temporarily suspend such rule change if                 received will be posted without change;               be issued unless the Commission orders
                                                    it appears to the Commission that such                  the Commission does not edit personal                 a hearing. Interested persons may
                                                    action is necessary or appropriate in the               identifying information from                          request a hearing by writing to the
                                                    public interest, for the protection of                  submissions. You should submit only                   Commission’s Secretary and serving
                                                    investors, or otherwise in furtherance of               information that you wish to make                     applicants with a copy of the request,
                                                    the purposes of the Act. If the
                                                                                                            available publicly. All submissions                   personally or by mail. Hearing requests
                                                    Commission takes such action, the
                                                                                                            should refer to File Number SR–                       should be received by the Commission
                                                    Commission shall institute proceedings
                                                                                                            NYSEMKT–2015–66 and should be                         by 5:30 p.m. on October 26, 2015, and
                                                    under Section 19(b)(2)(B) 15 of the Act to
                                                                                                            submitted on or before October 28,                    should be accompanied by proof of
                                                    determine whether the proposed rule
                                                                                                            2015.                                                 service on applicants, in the form of an
                                                    change should be approved or
                                                                                                              For the Commission, by the Division of              affidavit or, for lawyers, a certificate of
                                                    disapproved.
                                                                                                            Trading and Markets, pursuant to delegated            service. Pursuant to rule 0–5 under the
                                                    IV. Solicitation of Comments                            authority.16                                          Act, hearing requests should state the
                                                      Interested persons are invited to                     Robert W. Errett,                                     nature of the writer’s interest, any facts
                                                    submit written data, views, and                         Deputy Secretary.                                     bearing upon the desirability of a
                                                    arguments concerning the foregoing,                     [FR Doc. 2015–25464 Filed 10–6–15; 8:45 am]
                                                                                                                                                                  hearing on the matter, the reason for the
                                                    including whether the proposed rule                                                                           request, and the issues contested.
                                                                                                            BILLING CODE 8011–01–P
                                                    change is consistent with the Act.                                                                            Persons who wish to be notified of a
                                                    Comments may be submitted by any of                                                                           hearing may request notification by
                                                    the following methods:                                  SECURITIES AND EXCHANGE                               writing to the Commission’s Secretary.
                                                                                                            COMMISSION                                            ADDRESSES: Brent J. Fields, Secretary,
                                                    Electronic Comments:                                                                                          U.S. Securities and Exchange
                                                      • Use the Commission’s Internet                                                                             Commission, 100 F St. NE., Washington,
                                                                                                            [Release No. IC–31856; File No. 812–14122]
                                                    comment form (http://www.sec.gov/                                                                             DC 20549–1090. Applicants: 10877
                                                    rules/sro.shtml); or                                    Triton Pacific Investment Corporation,                Wilshire Blvd., 12th Floor, Los Angeles,
                                                      • Send an email to rule-comments@                                                                           CA 90024.
                                                                                                            Inc., et al.; Notice of Application
                                                    sec.gov. Please include File Number SR–                                                                       FOR FURTHER INFORMATION CONTACT:
                                                    NYSEMKT–2015–66 on the subject line.                    September 30, 2015.                                   Laura J. Riegel, Senior Counsel, at (202)
                                                    Paper Comments:                                         AGENCY:Securities and Exchange                        551–6873 or Mary Kay Frech, Branch
                                                                                                            Commission (‘‘Commission’’).                          Chief, at (202) 551–6821 (Chief
                                                      • Send paper comments in triplicate                                                                         Counsel’s Office, Division of Investment
                                                    to Brent J. Fields, Secretary, Securities               ACTION:  Notice of application for an
                                                                                                                                                                  Management).
                                                    and Exchange Commission, 100 F Street                   order under sections 17(d) and 57(i) of
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: The
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                                                    NE., Washington, DC 20549–1090.                         the Investment Company Act of 1940
                                                                                                            (the ‘‘Act’’) and rule 17d–1 under the                following is a summary of the
                                                    All submissions should refer to File                                                                          application. The complete application
                                                    Number SR–NYSEMKT–2015–66. This                         Act to permit certain joint transactions
                                                                                                            otherwise prohibited by sections 17(d)                may be obtained via the Commission’s
                                                      11 15                                                 and 57(a)(4) of the Act and rule 17d–1                Web site by searching for the file
                                                            U.S.C. 78s(b)(3)(A)(iii).
                                                      12 17 CFR 240.19b–4(f)(6).                            under the Act.                                        number, or for an applicant using the
                                                      13 17 CFR 240.19b–4(f)(6).                                                                                  Company name box, at http://
                                                      14 17 CFR 240.19b–4(f)(6)(iii).                                                                             www.sec.gov/search/search.htm or by
                                                      15 15 U.S.C. 78s(b)(2)(B).                              16 17   CFR 200.30–3(a)(12).                        calling (202) 551–8090.


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Document Created: 2015-12-15 08:49:19
Document Modified: 2015-12-15 08:49:19
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 60724 

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