80_FR_74393 80 FR 74165 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot Period for the Retail Price Improvement Program Until December 1, 2016

80 FR 74165 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot Period for the Retail Price Improvement Program Until December 1, 2016

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 228 (November 27, 2015)

Page Range74165-74167
FR Document2015-30076

Federal Register, Volume 80 Issue 228 (Friday, November 27, 2015)
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74165-74167]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30076]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76490; File No. SR-BX-2015-073]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Extend 
the Pilot Period for the Retail Price Improvement Program Until 
December 1, 2016

November 20, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on November 12, 2015, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. 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\ 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 [sic] to extend the pilot period for the Exchange's Retail 
Price Improvement (``RPI'') Program (the ``Program''), which is set to 
expire on December 1, 2015, for a period of one year, to expire on 
December 1, 2016.
    The Exchange has designated December 1, 2015 as the date the 
proposed rule change becomes effective.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxbx.cchwallstreet.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 Exchange 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 these 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 aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to extend the pilot period of the RPI 
Program,\3\ currently scheduled to expire on December 1, 2015, for an 
additional year, until December 1, 2016.
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    \3\ Securities Exchange Act Release No. 73702 (November 28, 
2014), 79 FR 72049 (December 4, 2014) (``RPI Approval Order'') (SR-
BX-2014-048).
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Background
    In November 2014, the Commission approved the RPI Program on a 
pilot basis.\4\ The Program is designed to attract retail order flow to 
the Exchange, and allow such order flow to receive potential price 
improvement. The Program is currently limited to trades occurring at 
prices equal to or greater than $1.00 per share. Under the Program, a 
new class of market participant called a Retail Member Organization 
(``RMO'') is eligible to submit certain retail order flow (``Retail 
Orders'') \5\ to the Exchange. BX members (``Members'') are permitted 
to provide potential price improvement for Retail Orders in the form of 
non-displayed interest that is priced more aggressively than the 
Protected National Best Bid or Offer (``Protected NBBO'').\6\
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    \4\ See id.
    \5\ A ``Retail Order'' is defined in BX Rule 4780(a)(2) by 
referencing BX Rule 4702, and BX Rule 4702(b)(6) says it is an order 
type with a non-display order attribute submitted to the Exchange by 
a RMO. A Retail Order must be an agency order, or riskless principal 
order that satisfies the criteria of is an agency or riskless 
principal order that originates from a natural person and is 
submitted to BX by a RMO, provided that no change is made to the 
terms of the order with respect to price (except in the case that a 
market order is changed to a marketable limit order) or side of 
market and the order does not originate from a trading algorithm or 
any other computerized methodology.
    \6\ The term Protected Quotation is defined in Chapter XII, Sec. 
1(19) and has the same meaning as is set forth in Regulation NMS 
Rule 600(b)(58). The Protected NBBO is the best-priced protected bid 
and offer. Generally, the Protected NBBO and the national best bid 
and offer (``NBBO'') will be the same. However, a market center is 
not required to route to the NBBO if that market center is subject 
to an exception under Regulation NMS Rule 611(b)(1) or if such NBBO 
is otherwise not available for an automatic execution. In such case, 
the Protected NBBO would be the best-priced protected bid or offer 
to which a market center must route interest pursuant to Regulation 
NMS Rule 611.
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    The Program was approved by the Commission on a pilot basis running 
one-year from the date of implementation.\7\ The Commission approved 
the Program on November 28, 2014.\8\ The Exchange implemented the

[[Page 74166]]

Program on December 1, 2014. Thus, the pilot period for the Program is 
scheduled to end on December 1, 2015.
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    \7\ See RPI Approval Order, supra note 3 at 72053.
    \8\ Id. at 72049.
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Proposal To Extend the Operation of the Program
    The Exchange established the RPI Program in an attempt to attract 
retail order flow to the Exchange by potentially providing price 
improvement to such order flow. The Exchange believes that the Program 
promotes competition for retail order flow by allowing Exchange members 
to submit Retail Price Improvement Orders (``RPI Orders'') \9\ to 
interact with Retail Orders. Such competition has the ability to 
promote efficiency by facilitating the price discovery process and 
generating additional investor interest in trading securities, thereby 
promoting capital formation. The Exchange believes that extending the 
pilot is appropriate because it will allow the Exchange and the 
Commission additional time to analyze data regarding the Program that 
the Exchange has committed to provide.\10\ As such, the Exchange 
believes that it is appropriate to extend the current operation of the 
Program.\11\ Through this filing, the Exchange seeks to extend the 
current pilot period of the Program until December 1, 2016.
---------------------------------------------------------------------------

    \9\ A Retail Price Improvement Order is defined in BX Rule 
4780(a)(3) by referencing BX Rule 4702 and BX Rule 4702(b)(5) says 
that it is as an order type with a non-display order attribute that 
is held on the Exchange Book in order to provide liquidity at a 
price at least $0.001 better than the NBBO through a special 
execution process described in Rule 4780.
    \10\ See RPI Approval Order, supra note 3 at 72051.
    \11\ Concurrently with this filing, the Exchange has submitted a 
request for an extension of the exemption under Regulation NMS Rule 
612 previously granted by the Commission that permits it to accept 
and rank the RPI orders in sub-penny increments. See Letter from 
Jeffrey S. Davis, Vice President and Deputy General Counsel and 
Secretary, NASDAQ OMX BX, Inc. to Brent J. Fields, Secretary, 
Securities and Exchange Commission dated November 12, 2015.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\12\ in general, and with 
Section 6(b)(5) of the Act,\13\ in particular, in that it is designed 
to promote just and equitable principles of trade, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general to protect investors and the 
public interest.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that extending the pilot period for the RPI 
Program is consistent with these principles because the Program is 
reasonably designed to attract retail order flow to the exchange 
environment, while helping to ensure that retail investors benefit from 
the better price that liquidity providers are willing to give their 
orders. Additionally, as previously stated, the competition promoted by 
the Program may facilitate the price discovery process and potentially 
generate additional investor interest in trading securities. The 
extension of the pilot period will allow the Commission and the 
Exchange to continue to monitor the Program for its potential effects 
on public price discovery, and on the broader market structure.

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act, as amended. The 
proposed rule change extends an established pilot program for one year, 
thus allowing the RPI Program to enhance competition for retail order 
flow and contribute to the public price discovery process.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) \15\ thereunder 
because the proposal does not: (i) Significantly affect the protection 
of investors or the public interest; (ii) impose any significant burden 
on competition; and (iii) by its terms, become operative for 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.\16\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to 
give the Commission written notice of the Exchange's intent to file 
the proposed rule change, along with a brief description and text of 
the proposed rule change, at least five business days prior to the 
date of filing of the proposed rule change, or such shorter time as 
designated by the Commission. The Commission is waiving this this 
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may 
not become operative prior to 30 days after the date of filing. 
However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest. The Exchange has requested that the 
Commission waive the 30-day operative delay period. The Exchange states 
that waiving the operative delay would allow the pilot period to 
continue uninterrupted, which the Exchange argues would be beneficial 
to market participants and would help to eliminate the potential for 
investor confusion.
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiver of the 30-day operative delay 
period is consistent with the protection of investors and the public 
interest. Specifically, the Commission believes that the proposal would 
allow the RPI Program to continue uninterrupted and to provide 
additional time for data about the program to be generated and 
analyzed. For these reasons, the Commission believes that waiving the 
30-day operative delay is consistent with the protection of investors 
and the public interest, and designates the proposed rule change to be 
operative upon filing with the Commission.\18\
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    \18\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.\19\
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    \19\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-BX-2015-073 on the subject line.

Paper Comments

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


[[Page 74167]]


All submissions should refer to File Number SR-BX-2015-073. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BX-2015-073 and should be 
submitted on or before December 18, 2015.
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    \20\ 17 CFR 200.30-3(a)(12), (59).
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    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30076 Filed 11-25-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices                                                        74165

                                                  BlackRock MuniYield Michigan                            SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                  Quality Fund II, Inc. [File No. 811–                    COMMISSION                                              Statement of the Purpose of, and
                                                  06501]                                                                                                          Statutory Basis for, the Proposed Rule
                                                                                                          [Release No. 34–76490; File No. SR–BX–                  Change
                                                     Summary: Applicant, a closed-end                     2015–073]
                                                  investment company, seeks an order                                                                              1. Purpose
                                                  declaring that it has ceased to be an                   Self-Regulatory Organizations;                            The purpose of this filing is to extend
                                                  investment company. Applicant                           NASDAQ OMX BX, Inc.; Notice of Filing                   the pilot period of the RPI Program,3
                                                  transferred its assets to BlackRock                     and Immediate Effectiveness of a                        currently scheduled to expire on
                                                  MuniYield Michigan Quality Fund, Inc.,                  Proposed Rule Change To Extend the                      December 1, 2015, for an additional
                                                  and effective September 14, 2015, made                  Pilot Period for the Retail Price                       year, until December 1, 2016.
                                                  distributions to its shareholders based                 Improvement Program Until December
                                                                                                          1, 2016                                                 Background
                                                  on net asset value. Expenses of
                                                  approximately $331,358 incurred in                      November 20, 2015.                                         In November 2014, the Commission
                                                  connection with the reorganization were                    Pursuant to Section 19(b)(1) of the                  approved the RPI Program on a pilot
                                                  paid by Applicant and Applicant’s                       Securities Exchange Act of 1934                         basis.4 The Program is designed to
                                                  investment adviser.                                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 attract retail order flow to the Exchange,
                                                                                                          notice is hereby given that on November                 and allow such order flow to receive
                                                     Filing Dates: The application was
                                                                                                          12, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’                   potential price improvement. The
                                                  filed on November 16, 2015.                                                                                     Program is currently limited to trades
                                                                                                          or ‘‘Exchange’’) filed with the Securities
                                                     Applicant’s Address: 100 Bellevue                    and Exchange Commission (‘‘SEC’’ or                     occurring at prices equal to or greater
                                                  Parkway, Wilmington, Delaware 19809.                    ‘‘Commission’’) the proposed rule                       than $1.00 per share. Under the
                                                                                                          change as described in Items I and II                   Program, a new class of market
                                                  Asian Small Companies Portfolio [File
                                                                                                          below, which Items have been prepared                   participant called a Retail Member
                                                  No. 811–07529]
                                                                                                          by the Exchange. The Commission is                      Organization (‘‘RMO’’) is eligible to
                                                     Summary: Applicant seeks an order                    publishing this notice to solicit                       submit certain retail order flow (‘‘Retail
                                                  declaring that it has ceased to be an                   comments on the proposed rule change                    Orders’’) 5 to the Exchange. BX members
                                                  investment company. On January 27,                      from interested persons.                                (‘‘Members’’) are permitted to provide
                                                  2015 and January 28, 2015, applicant                                                                            potential price improvement for Retail
                                                                                                          I. Self-Regulatory Organization’s                       Orders in the form of non-displayed
                                                  made liquidating distributions to its                   Statement of the Terms of Substance of                  interest that is priced more aggressively
                                                  shareholders, based on net asset value.                 the Proposed Rule Change                                than the Protected National Best Bid or
                                                  Applicant incurred no expenses in
                                                                                                             The [sic] to extend the pilot period for             Offer (‘‘Protected NBBO’’).6
                                                  connection with the liquidation.
                                                                                                          the Exchange’s Retail Price                                The Program was approved by the
                                                     Filing Dates: The application was                    Improvement (‘‘RPI’’) Program (the                      Commission on a pilot basis running
                                                  filed on November 6, 2015, and                          ‘‘Program’’), which is set to expire on                 one-year from the date of
                                                  amended on November 18, 2015.                           December 1, 2015, for a period of one                   implementation.7 The Commission
                                                     Applicant’s Address: Two                             year, to expire on December 1, 2016.                    approved the Program on November 28,
                                                  International Place, Boston, MA 02110.                     The Exchange has designated                          2014.8 The Exchange implemented the
                                                                                                          December 1, 2015 as the date the
                                                  Parametric Market Neutral Portfolio                     proposed rule change becomes effective.                   3 Securities Exchange Act Release No. 73702
                                                  [File No. 811–22597]                                       The text of the proposed rule change                 (November 28, 2014), 79 FR 72049 (December 4,
                                                                                                                                                                  2014) (‘‘RPI Approval Order’’) (SR–BX–2014–048).
                                                     Summary: Applicant seeks an order                    is available on the Exchange’s Web site                   4 See id.
                                                                                                          at http://
                                                  declaring that it has ceased to be an                                                                             5 A ‘‘Retail Order’’ is defined in BX Rule
                                                                                                          nasdaqomxbx.cchwallstreet.com, at the                   4780(a)(2) by referencing BX Rule 4702, and BX
                                                  investment company. On September 19,
                                                                                                          principal office of the Exchange, and at                Rule 4702(b)(6) says it is an order type with a non-
                                                  2014, applicant made a liquidating                                                                              display order attribute submitted to the Exchange
                                                                                                          the Commission’s Public Reference
                                                  distribution to its shareholders, based                 Room.                                                   by a RMO. A Retail Order must be an agency order,
                                                  on net asset value. Applicant incurred                                                                          or riskless principal order that satisfies the criteria
                                                                                                          II. Self-Regulatory Organization’s                      of is an agency or riskless principal order that
                                                  no expenses in connection with the                                                                              originates from a natural person and is submitted
                                                  liquidation.                                            Statement of the Purpose of, and                        to BX by a RMO, provided that no change is made
                                                                                                          Statutory Basis for, the Proposed Rule                  to the terms of the order with respect to price
                                                     Filing Dates: The application was
                                                                                                          Change                                                  (except in the case that a market order is changed
                                                  filed on November 6, 2015, and                                                                                  to a marketable limit order) or side of market and
                                                  amended on November 18, 2015.                             In its filing with the Commission, the                the order does not originate from a trading
                                                                                                          Exchange included statements                            algorithm or any other computerized methodology.
                                                     Applicant’s Address: Two                                                                                       6 The term Protected Quotation is defined in
                                                                                                          concerning the purpose of and basis for
                                                  International Place, Boston, MA 02110.                  the proposed rule change and discussed                  Chapter XII, Sec. 1(19) and has the same meaning
                                                                                                                                                                  as is set forth in Regulation NMS Rule 600(b)(58).
                                                    For the Commission, by the Division of                any comments it received on the                         The Protected NBBO is the best-priced protected
                                                  Investment Management, pursuant to                      proposed rule change. The text of these                 bid and offer. Generally, the Protected NBBO and
                                                  delegated authority.                                    statements may be examined at the                       the national best bid and offer (‘‘NBBO’’) will be the
                                                                                                                                                                  same. However, a market center is not required to
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Robert W. Errett,                                       places specified in Item IV below. The                  route to the NBBO if that market center is subject
                                                  Deputy Secretary.                                       Exchange has prepared summaries, set                    to an exception under Regulation NMS Rule
                                                  [FR Doc. 2015–30093 Filed 11–25–15; 8:45 am]
                                                                                                          forth in sections A, B, and C below, of                 611(b)(1) or if such NBBO is otherwise not available
                                                                                                          the most significant aspects of such                    for an automatic execution. In such case, the
                                                  BILLING CODE 8011–01–P                                                                                          Protected NBBO would be the best-priced protected
                                                                                                          statements.                                             bid or offer to which a market center must route
                                                                                                                                                                  interest pursuant to Regulation NMS Rule 611.
                                                                                                            1 15   U.S.C. 78s(b)(1).                                7 See RPI Approval Order, supra note 3 at 72053.
                                                                                                            2 17   CFR 240.19b–4.                                   8 Id. at 72049.




                                             VerDate Sep<11>2014   19:01 Nov 25, 2015   Jkt 238001   PO 00000   Frm 00095     Fmt 4703   Sfmt 4703   E:\FR\FM\27NON1.SGM   27NON1


                                                  74166                        Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices

                                                  Program on December 1, 2014. Thus, the                  attract retail order flow to the exchange               4(f)(6)(iii) 17 permits the Commission to
                                                  pilot period for the Program is                         environment, while helping to ensure                    designate a shorter time if such action
                                                  scheduled to end on December 1, 2015.                   that retail investors benefit from the                  is consistent with the protection of
                                                                                                          better price that liquidity providers are               investors and the public interest. The
                                                  Proposal To Extend the Operation of the
                                                                                                          willing to give their orders.                           Exchange has requested that the
                                                  Program
                                                                                                          Additionally, as previously stated, the                 Commission waive the 30-day operative
                                                     The Exchange established the RPI                     competition promoted by the Program                     delay period. The Exchange states that
                                                  Program in an attempt to attract retail                 may facilitate the price discovery                      waiving the operative delay would
                                                  order flow to the Exchange by                           process and potentially generate                        allow the pilot period to continue
                                                  potentially providing price                             additional investor interest in trading                 uninterrupted, which the Exchange
                                                  improvement to such order flow. The                     securities. The extension of the pilot                  argues would be beneficial to market
                                                  Exchange believes that the Program                      period will allow the Commission and                    participants and would help to
                                                  promotes competition for retail order                   the Exchange to continue to monitor the                 eliminate the potential for investor
                                                  flow by allowing Exchange members to                    Program for its potential effects on                    confusion.
                                                  submit Retail Price Improvement Orders                  public price discovery, and on the                         The Commission believes that waiver
                                                  (‘‘RPI Orders’’) 9 to interact with Retail              broader market structure.                               of the 30-day operative delay period is
                                                  Orders. Such competition has the ability                                                                        consistent with the protection of
                                                  to promote efficiency by facilitating the               B. Self-Regulatory Organization’s
                                                                                                          Statement on Burden on Competition                      investors and the public interest.
                                                  price discovery process and generating                                                                          Specifically, the Commission believes
                                                  additional investor interest in trading                    The Exchange does not believe that                   that the proposal would allow the RPI
                                                  securities, thereby promoting capital                   the proposed rule change will result in                 Program to continue uninterrupted and
                                                  formation. The Exchange believes that                   any burden on competition that is not                   to provide additional time for data about
                                                  extending the pilot is appropriate                      necessary or appropriate in furtherance                 the program to be generated and
                                                  because it will allow the Exchange and                  of the purposes of the Act, as amended.                 analyzed. For these reasons, the
                                                  the Commission additional time to                       The proposed rule change extends an                     Commission believes that waiving the
                                                  analyze data regarding the Program that                 established pilot program for one year,                 30-day operative delay is consistent
                                                  the Exchange has committed to                           thus allowing the RPI Program to                        with the protection of investors and the
                                                  provide.10 As such, the Exchange                        enhance competition for retail order                    public interest, and designates the
                                                  believes that it is appropriate to extend               flow and contribute to the public price                 proposed rule change to be operative
                                                  the current operation of the Program.11                 discovery process.                                      upon filing with the Commission.18
                                                  Through this filing, the Exchange seeks                                                                            At any time within 60 days of the
                                                                                                          C. Self-Regulatory Organization’s
                                                  to extend the current pilot period of the                                                                       filing of the proposed rule change, the
                                                                                                          Statement on Comments on the
                                                  Program until December 1, 2016.                                                                                 Commission summarily may
                                                                                                          Proposed Rule Change Received From
                                                  2. Statutory Basis                                      Members, Participants, or Others                        temporarily suspend such rule change if
                                                                                                                                                                  it appears to the Commission that such
                                                     The Exchange believes that the                         No written comments were either
                                                                                                                                                                  action is necessary or appropriate in the
                                                  proposed rule change is consistent with                 solicited or received.
                                                                                                                                                                  public interest, for the protection of
                                                  the provisions of Section 6 of the Act,12
                                                                                                          III. Date of Effectiveness of the                       investors, or otherwise in furtherance of
                                                  in general, and with Section 6(b)(5) of
                                                                                                          Proposed Rule Change and Timing for                     the purposes of the Act.19
                                                  the Act,13 in particular, in that it is
                                                                                                          Commission Action
                                                  designed to promote just and equitable                                                                          IV. Solicitation of Comments
                                                  principles of trade, to remove                             The foregoing rule change has become
                                                                                                                                                                    Interested persons are invited to
                                                  impediments to and perfect the                          effective pursuant to Section 19(b)(3)(A)
                                                                                                                                                                  submit written data, views, and
                                                  mechanism of a free and open market                     of the Act 14 and Rule 19b–4(f)(6) 15
                                                                                                                                                                  arguments concerning the foregoing,
                                                  and a national market system, and, in                   thereunder because the proposal does
                                                                                                                                                                  including whether the proposed rule
                                                  general to protect investors and the                    not: (i) Significantly affect the
                                                                                                                                                                  change is consistent with the Act.
                                                  public interest.                                        protection of investors or the public
                                                                                                                                                                  Comments may be submitted by any of
                                                     The Exchange believes that extending                 interest; (ii) impose any significant
                                                  the pilot period for the RPI Program is                                                                         the following methods:
                                                                                                          burden on competition; and (iii) by its
                                                  consistent with these principles because                terms, become operative for 30 days                     Electronic Comments
                                                  the Program is reasonably designed to                   from the date on which it was filed, or                   • Use the Commission’s Internet
                                                                                                          such shorter time as the Commission                     comment form (http://www.sec.gov/
                                                     9 A Retail Price Improvement Order is defined in
                                                                                                          may designate if consistent with the                    rules/sro.shtml); or
                                                  BX Rule 4780(a)(3) by referencing BX Rule 4702          protection of investors and the public
                                                  and BX Rule 4702(b)(5) says that it is as an order                                                                • Send an email to rule-comments@
                                                  type with a non-display order attribute that is held    interest.16                                             sec.gov. Please include File Number SR–
                                                  on the Exchange Book in order to provide liquidity         A proposed rule change filed under                   BX–2015–073 on the subject line.
                                                  at a price at least $0.001 better than the NBBO         Rule 19b–4(f)(6) normally may not
                                                  through a special execution process described in        become operative prior to 30 days after                 Paper Comments
                                                  Rule 4780.
                                                     10 See RPI Approval Order, supra note 3 at 72051.    the date of filing. However, Rule 19b–                    • Send paper comments in triplicate
                                                     11 Concurrently with this filing, the Exchange has                                                           to Secretary, Securities and Exchange
                                                                                                            14 15 U.S.C. 78s(b)(3)(A).
                                                  submitted a request for an extension of the                                                                     Commission, 100 F Street NE.,
                                                  exemption under Regulation NMS Rule 612                   15 17 CFR 240.19b–4(f)(6).
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                                                  previously granted by the Commission that permits         16 In addition, Rule 19b–4(f)(6)(iii) requires the
                                                                                                                                                                  Washington, DC 20549–1090.
                                                  it to accept and rank the RPI orders in sub-penny       Exchange to give the Commission written notice of
                                                                                                                                                                    17 17  CFR 240.19b–4(f)(6)(iii).
                                                  increments. See Letter from Jeffrey S. Davis, Vice      the Exchange’s intent to file the proposed rule
                                                  President and Deputy General Counsel and                change, along with a brief description and text of        18 For  purposes only of waiving the operative
                                                  Secretary, NASDAQ OMX BX, Inc. to Brent J.              the proposed rule change, at least five business days   delay for this proposal, the Commission has
                                                  Fields, Secretary, Securities and Exchange              prior to the date of filing of the proposed rule        considered the proposed rule’s impact on
                                                  Commission dated November 12, 2015.                     change, or such shorter time as designated by the       efficiency, competition, and capital formation. See
                                                     12 15 U.S.C. 78f.
                                                                                                          Commission. The Commission is waiving this this         15 U.S.C. 78c(f).
                                                     13 15 U.S.C. 78f(b)(5).                              requirement.                                               19 15 U.S.C. 78s(b)(3)(C).




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                                                                              Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices                                                74167

                                                  All submissions should refer to File                    on November 13, 2015, Miami                           the size of the order exceeds the order
                                                  Number SR–BX–2015–073. This file                        International Securities Exchange LLC                 size protection designated by the
                                                  number should be included on the                        (‘‘MIAX’’ or ‘‘Exchange’’) filed with the             Member submitting the order.5
                                                  subject line if email is used. To help the              Securities and Exchange Commission                       Additionally, the System currently
                                                  Commission process and review your                      (‘‘Commission’’) a proposed rule change               rejects any orders that exceed the
                                                  comments more efficiently, please use                   as described in Items I, II, and III below,           maximum number of open orders held
                                                  only one method. The Commission will                    which Items have been prepared by the                 in the System on behalf of a particular
                                                  post all comments on the Commission’s                   Exchange. The Commission is                           Member (the ‘‘Open Order Protection’’).
                                                  Internet Web site (http://www.sec.gov/                  publishing this notice to solicit                     The System also currently rejects any
                                                  rules/sro.shtml). Copies of the                         comments on the proposed rule change                  orders that cause the number of open
                                                  submission, all subsequent                              from interested persons.                              contracts represented by orders held in
                                                  amendments, all written statements                                                                            the System on behalf of a particular
                                                  with respect to the proposed rule                       I. Self-Regulatory Organization’s
                                                                                                                                                                Member (the ‘‘Open Contract
                                                  change that are filed with the                          Statement of the Terms of the Substance
                                                                                                                                                                Protection’’) to exceed a specified
                                                  Commission, and all written                             of the Proposed Rule Change
                                                                                                                                                                maximum number of contracts. For each
                                                  communications relating to the                             The Exchange proposes to amend                     of these protections, the maximum
                                                  proposed rule change between the                        Exchange Rule 519, MIAX Order                         number (of open orders and open
                                                  Commission and any person, other than                   Monitor (‘‘MOM’’) to codify the Open                  contracts) is designated (or may be
                                                  those that may be withheld from the                     Order and Open Contract Protection                    disabled) by the Member. The Exchange
                                                  public in accordance with the                           features included in MOM.                             is proposing to codify the Open Order
                                                  provisions of 5 U.S.C. 552, will be                        The text of the proposed rule change               and Open Contract Protections in Rule
                                                  available for Web site viewing and                      is available on the Exchange’s Web site               519.
                                                  printing in the Commission’s Public                     at http://www.miaxoptions.com/filter/                    Currently, Rule 519 only provides
                                                  Reference Room, 100 F Street NE.,                       wotitle/rule_filing, at MIAX’s principal              details regarding the System’s Order
                                                  Washington, DC 20549, on official                       office, and at the Commission’s Public                Price Protections and Order Size
                                                  business days between the hours of                      Reference Room.                                       Protections. However, in addition to
                                                  10:00 a.m. and 3:00 p.m. Copies of the                                                                        order protections based on price and
                                                                                                          II. Self-Regulatory Organization’s
                                                  filing also will be available for                                                                             order size, the System also employs
                                                                                                          Statement of the Purpose of, and
                                                  inspection and copying at the principal                                                                       order protections based on the number
                                                                                                          Statutory Basis for, the Proposed Rule
                                                  office of the Exchange. All comments                                                                          of open orders held in the System and
                                                                                                          Change
                                                  received will be posted without change;                                                                       on the number of contracts represented
                                                  the Commission does not edit personal                      In its filing with the Commission, the             by open orders held in the System. The
                                                  identifying information from                            Exchange included statements                          Exchange now proposes to codify these
                                                  submissions. You should submit only                     concerning the purpose of and basis for               existing order protections into Rule 519.
                                                  information that you wish to make                       the proposed rule change and discussed                   Members may designate or disable the
                                                  available publicly. All submissions                     any comments it received on the                       Open Order and/or the Open Contract
                                                  should refer to File Number SR–BX–                      proposed rule change. The text of these               Protections on a firm wide basis. If the
                                                  2015–073 and should be submitted on                     statements may be examined at the                     maximum number of open orders or
                                                  or before December 18, 2015.                            places specified in Item IV below. The                contracts is not designated by the
                                                                                                          Exchange has prepared summaries, set                  Member, the Exchange will set a
                                                    For the Commission, by the Division of                forth in sections A, B, and C below, of               maximum number of open orders or
                                                  Trading and Markets, pursuant to delegated              the most significant aspects of such                  contracts on behalf of the Member by
                                                  authority.20                                            statements.                                           default. The default maximum number
                                                  Robert W. Errett,                                       A. Self-Regulatory Organization’s                     of open orders and open contracts are
                                                  Deputy Secretary.                                       Statement of the Purpose of, and                      determined by the Exchange and
                                                  [FR Doc. 2015–30076 Filed 11–25–15; 8:45 am]            Statutory Basis for, the Proposed Rule                announced to Members through a
                                                  BILLING CODE 8011–01–P                                  Change                                                Regulatory Circular.6 The Open Order
                                                                                                                                                                and Open Contract Protections provide
                                                                                                          1. Purpose                                            market participants the flexibility to
                                                  SECURITIES AND EXCHANGE                                    The Exchange proposes to amend                     designate the level of protection they
                                                  COMMISSION                                              Rule 519, MIAX Order Monitor, to                      need to help prevent the potential
                                                  [Release No. 34–76491; File No. SR–MIAX–                provide details regarding Open Order                  submission of a number of orders and/
                                                  2015–64]                                                and Open Contract protections. The                    or a number of contracts to the
                                                                                                          proposal codifies existing functionality              Exchange that would cause them to be
                                                  Self-Regulatory Organizations: Notice                   applicable to orders on the Exchange.                 at unintended risk levels.
                                                  of Filing and Immediate Effectiveness                   The Exchange is also proposing a                         The Exchange is also proposing a
                                                  of a Proposed Rule Change by Miami                      clarifying amendment to current Rule                  clarifying amendment to current Rule
                                                  International Securities Exchange LLC                   519(b) to provide consistency in that                 519(b), Order Size Protections, to state
                                                  To Amend Exchange Rule 519                              Rule with the proposed new rules.                     that if the maximum size of orders is not
                                                                                                             The MOM is a risk management                       designated by the Member, the
                                                  November 20, 2015.                                      feature of the Exchange’s System 3 that               Exchange will set a maximum size of
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                                                    Pursuant to the provisions of Section                 prevents certain orders from executing                orders on behalf of the Member by
                                                  19(b)(1) of the Securities Exchange Act                 or being placed on the Book at prices                 default. This is consistent with
                                                  of 1934 (‘‘Act’’) 1 and Rule 19b–4                      outside pre-set standard limits 4 and if              proposed new Rules 519(c) and (d), and
                                                  thereunder,2 notice is hereby given that
                                                                                                             3 The term ‘‘System’’ means the automated            5 See Exchange Rule 519(b).
                                                    20 17 CFR 200.30–3(a)(12), (59).                      trading system used by the Exchange for the trading     6 The Exchange notes that the current default
                                                    1 15 U.S.C. 78s(b)(1).                                of securities. See Exchange Rule 100.                 maximum number of open orders is 30,000 and the
                                                    2 17 CFR 240.19b–4.                                      4 See Exchange Rule 519(a).                        default number of open contracts is 1,000,000.



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Document Created: 2015-12-14 14:04:43
Document Modified: 2015-12-14 14:04:43
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 74165 

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