81_FR_10984 81 FR 10943 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.44P Retail Liquidity Program

81 FR 10943 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.44P Retail Liquidity Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 41 (March 2, 2016)

Page Range10943-10945
FR Document2016-04506

Federal Register, Volume 81 Issue 41 (Wednesday, March 2, 2016)
[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Notices]
[Pages 10943-10945]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04506]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77236; File No. SR-NYSEArca-2016-30]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.44P 
Retail Liquidity Program

February 25, 2016.
    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 February 11, 2016, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'') 
filed with the Securities and Exchange Commission (``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 Exchange proposes to amend Rule 7.44P (Retail Liquidity 
Program). The proposed rule change is available on the Exchange's Web 
site at www.nyse.com, at the principal office of the Exchange, and at 
the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 7.44P, which governs the 
Exchange's Retail Liquidity Program (``Program''), to update the 
expiration date of the pilot period for the Program and to clarify that 
Retail Orders may not be designated with a minimum trade size 
(``MTS'').
    The pilot period for the Program, which is currently governed by 
Rule 7.44, is scheduled to expire on March 31, 2016.\3\ When the 
Exchange filed for the extension of the Program in September 2015, Rule 
7.44P, which will govern the Program when the Exchange implements its 
Pillar trading platform, was not yet approved.\4\ The Exchange proposes 
a non-substantive, technical amendment to Rule 7.44P(m) to update the 
date when the pilot period for the Program expires from September 30, 
2015, which was the prior pilot expiration date, to March 31, 2016, 
which is the current pilot expiration date.
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    \3\ See NYSE Arca Equities Rule 7.44(m); see also Securities 
Exchange Act Release No. 75994 (Sept. 28, 2015), 80 FR 59834 (Oct. 
2, 2015) (SR-NYSEArca-2015-84) (Notice of Filing).
    \4\ See Securities Exchange Act Release No. 76267 (Oct. 26, 
2015), 80 FR 66951 (Oct. 30, 2015) (SR-NYSEArca-2015-56) (``Pillar 
Approval Order'').
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    The Exchange also proposes to amend Rule 7.44P(k) to clarify that 
Retail Orders may not be designated with an MTS. Both current Rule 
7.44(k) and Rule 7.44P(k), which will be operative once symbols begin 
migrating to the Pillar trading platform, provide for Retail Orders 
that may be designated with a time-in-force condition of immediate or 
cancel (``IOC'').\5\ The Exchange does not currently provide for an 
optional MTS for Limit Orders designated IOC. Accordingly, currently, 
under Rule 7.44, Retail Orders designated IOC are also not eligible for 
an MTS.
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    \5\ See NYSE Arca Equities Rules 7.44(k)(1), 7.44(k)(2)(A), 
7.44P(k)(1) and 7.44P(k)(2)(A).
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    In Pillar, the Exchange will be implementing a substantive 
difference under Rule 7.31P (Orders and Modifiers) to allow for an 
optional MTS for Limit Orders designated IOC.\6\ However, the Exchange 
does not propose a substantive difference to the Program in Pillar to 
allow Retail Orders that are designated IOC to be designated with an 
MTS. Accordingly, the Exchange proposes to clarify Rule 7.44P(k) to 
specify that Retail Orders may not be designated with an MTS. This 
proposed clarification does not represent a substantive change to the 
Program because Retail Orders are not currently permitted to be 
designated with an MTS. The Exchange proposes this rule change to 
provide greater specificity that the new MTS functionality available 
for Limit IOC Orders as described in Rule 7.31P(b)(2)(A) would not be 
available for Retail Orders in the Program, which is current 
functionality.
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    \6\ See Pillar Approval Order, supra note 4 at 66952. See also 
NYSE Arca Equities Rule 7.31P(b)(2)(A) (defining ``Limit IOC Order'' 
as being eligible for an optional MTS).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\7\ in general, and 
furthers the objectives of Section 6(b)(5),\8\ in particular, because 
it is designed to

[[Page 10944]]

prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to, and perfect the mechanism of, a 
free and open market and a national market system and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes that the proposed amendment to 
Rule 7.44P(m) to update the expiration date of the pilot period of the 
Program would remove impediments to and perfect the mechanism of a free 
and open market and national market system by ensuring that Rule 
7.44P(m) reflects the current expiration date of the pilot period of 
the Program, thus reducing potential investor confusion regarding the 
actual expiration date for the Program. In addition, the Exchange 
believes that the proposed amendment to Rule 7.44P(k) to specify that 
Retail Orders may not be designated with an MTS would remove 
impediments to and perfect the mechanism of a free and open market and 
national market system by providing clarification in Exchange rules 
that one of the new functionalities available for Limit IOC Orders in 
Pillar would not be available for Retail Orders that are designated 
IOC. The Exchange believes that the proposed clarification would 
promote transparency in Exchange rules that current functionality of 
the Program is not changing and that the new MTS designation that will 
be available for Limit IOC Orders in Pillar will not be available for 
Retail Orders.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue but rather to make non-
substantive amendments to Rule 7.44P to update the expiration date of 
the pilot period for the Program and to clarify that Retail Orders are 
not eligible to be designated with an MTS, which is current 
functionality.

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, 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 \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). 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 
Exchange has satisfied this requirement.
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    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 19b-4(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. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposed 
rule change may become operative immediately on filing. In the filing, 
the Exchange states that it anticipated beginning the migration of 
symbols to Pillar on February 22, 2016 and, therefore, the Exchange 
points out that there would be symbols trading on the Exchange that 
will no longer governed by Rule 7.44 in less than 30 days from the date 
of filing of this proposed rule change. The Exchange argues that 
waiving the operative delay would allow these proposed clarifications 
to Rule 7.44P to have been operative before February 22, 2016, which 
the Exchange therefore asserts would reduce the potential for any 
confusion that may result from having an incorrect expiration date for 
the pilot period in the rule text or potential uncertainty of whether 
the new MTS functionality would be available for Retail Orders in the 
Program. The Commission believes that waiving the operative delay so 
that the proposed rule change would be operative as of the date of 
filing--February 11, 2016--would help mitigate any confusion as to 
which rule text for Rule 7.44P applied at the beginning of the 
migration of symbols to Pillar and throughout the migration. 
Accordingly, the Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest and hereby waives the 30-day operative delay and designates 
the proposal operative upon filing.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEArca-2016-30 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-30. 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

[[Page 10945]]

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-NYSEArca-2016-30, and should be submitted on or before 
March 23, 2016.

    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), (59).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-04506 Filed 3-1-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Notices                                                     10943

                                                  conditions 1 and 2 set forth in the Class                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2               was not yet approved.4 The Exchange
                                                  Relief Letter.                                             notice is hereby given that on February               proposes a non-substantive, technical
                                                     It is further ordered, pursuant to Rule                 11, 2016, NYSE Arca, Inc. (‘‘Exchange’’               amendment to Rule 7.44P(m) to update
                                                  10b–10(f) of the Exchange Act, based on                    or ‘‘NYSE Arca’’) filed with the                      the date when the pilot period for the
                                                  the representations and facts presented                    Securities and Exchange Commission                    Program expires from September 30,
                                                  in the Letter and subject to the                           (‘‘Commission’’) the proposed rule                    2015, which was the prior pilot
                                                  conditions discussed above and below,                      change as described in Items I and II                 expiration date, to March 31, 2016,
                                                  that broker-dealers may omit from the                      below, which Items have been prepared                 which is the current pilot expiration
                                                  confirmation of statements of creation                     by the Exchange. The Commission is                    date.
                                                  and redemption transactions the                            publishing this notice to solicit                        The Exchange also proposes to amend
                                                  identity, price, and number of shares of                   comments on the proposed rule change                  Rule 7.44P(k) to clarify that Retail
                                                  each of the Deposit Instruments or                         from interested persons.                              Orders may not be designated with an
                                                  Redemption Instruments tendered or                                                                               MTS. Both current Rule 7.44(k) and
                                                  received by the customer.                                  I. Self-Regulatory Organization’s
                                                                                                                                                                   Rule 7.44P(k), which will be operative
                                                     This exemptive relief is subject to                     Statement of the Terms of Substance of
                                                                                                                                                                   once symbols begin migrating to the
                                                  modification or revocation at any time                     the Proposed Rule Change
                                                                                                                                                                   Pillar trading platform, provide for
                                                  the Commission determines that such                          The Exchange proposes to amend                      Retail Orders that may be designated
                                                  action is necessary or appropriate in                      Rule 7.44P (Retail Liquidity Program).                with a time-in-force condition of
                                                  furtherance of the purposes of the                         The proposed rule change is available                 immediate or cancel (‘‘IOC’’).5 The
                                                  Exchange Act. Persons relying upon this                    on the Exchange’s Web site at                         Exchange does not currently provide for
                                                  exemptive relief shall discontinue                         www.nyse.com, at the principal office of              an optional MTS for Limit Orders
                                                  transactions involving the Shares of the                   the Exchange, and at the Commission’s                 designated IOC. Accordingly, currently,
                                                  Fund, pending presentation of the facts                    Public Reference Room.                                under Rule 7.44, Retail Orders
                                                  for the Commission’s consideration, in                                                                           designated IOC are also not eligible for
                                                  the event that any material change                         II. Self-Regulatory Organization’s
                                                                                                             Statement of the Purpose of, and                      an MTS.
                                                  occurs with respect to any of the facts                                                                             In Pillar, the Exchange will be
                                                  or representations made by the                             Statutory Basis for, the Proposed Rule
                                                                                                             Change                                                implementing a substantive difference
                                                  Requestors. In addition, persons relying                                                                         under Rule 7.31P (Orders and
                                                  on this exemption are directed to the                        In its filing with the Commission, the              Modifiers) to allow for an optional MTS
                                                  anti-fraud and anti-manipulation                           self-regulatory organization included                 for Limit Orders designated IOC.6
                                                  provisions of the Exchange Act,                            statements concerning the purpose of,                 However, the Exchange does not
                                                  particularly Sections 9(a) and 10(b), and                  and basis for, the proposed rule change               propose a substantive difference to the
                                                  Rule 10b–5 thereunder. Responsibility                      and discussed any comments it received                Program in Pillar to allow Retail Orders
                                                  for compliance with these and any other                    on the proposed rule change. The text                 that are designated IOC to be designated
                                                  applicable provisions of the federal                       of those statements may be examined at                with an MTS. Accordingly, the
                                                  securities laws must rest with the                         the places specified in Item IV below.                Exchange proposes to clarify Rule
                                                  persons relying on these exemptions.                       The Exchange has prepared summaries,                  7.44P(k) to specify that Retail Orders
                                                  This order should not be considered a                      set forth in sections A, B, and C below,              may not be designated with an MTS.
                                                  view with respect to any other question                    of the most significant parts of such                 This proposed clarification does not
                                                  that the proposed transactions may                         statements.                                           represent a substantive change to the
                                                  raise, including, but not limited to the
                                                                                                             A. Self-Regulatory Organization’s                     Program because Retail Orders are not
                                                  adequacy of the disclosure concerning,
                                                  and the applicability of other federal or                  Statement of the Purpose of, and the                  currently permitted to be designated
                                                  state laws to, the proposed transactions.                  Statutory Basis for, the Proposed Rule                with an MTS. The Exchange proposes
                                                                                                             Change                                                this rule change to provide greater
                                                    For the Commission, by the Division of                                                                         specificity that the new MTS
                                                  Trading and Markets, pursuant to delegated                 1. Purpose                                            functionality available for Limit IOC
                                                  authority.14
                                                                                                                The Exchange proposes to amend                     Orders as described in Rule
                                                  Brent J. Fields,
                                                                                                             Rule 7.44P, which governs the                         7.31P(b)(2)(A) would not be available
                                                  Secretary.                                                                                                       for Retail Orders in the Program, which
                                                                                                             Exchange’s Retail Liquidity Program
                                                  [FR Doc. 2016–04527 Filed 3–1–16; 8:45 am]                 (‘‘Program’’), to update the expiration               is current functionality.
                                                  BILLING CODE 8011–01–P                                     date of the pilot period for the Program              2. Statutory Basis
                                                                                                             and to clarify that Retail Orders may not
                                                                                                             be designated with a minimum trade                       The proposed rule change is
                                                  SECURITIES AND EXCHANGE                                                                                          consistent with Section 6(b) of the
                                                                                                             size (‘‘MTS’’).
                                                  COMMISSION                                                    The pilot period for the Program,                  Securities Exchange Act of 1934 (the
                                                  [Release No. 34–77236; File No. SR–                        which is currently governed by Rule                   ‘‘Act’’),7 in general, and furthers the
                                                  NYSEArca–2016–30]                                          7.44, is scheduled to expire on March                 objectives of Section 6(b)(5),8 in
                                                                                                             31, 2016.3 When the Exchange filed for                particular, because it is designed to
                                                  Self-Regulatory Organizations; NYSE                        the extension of the Program in
                                                  Arca, Inc.; Notice of Filing and                           September 2015, Rule 7.44P, which will                   4 See Securities Exchange Act Release No. 76267

                                                  Immediate Effectiveness of Proposed                        govern the Program when the Exchange
                                                                                                                                                                   (Oct. 26, 2015), 80 FR 66951 (Oct. 30, 2015) (SR–
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Rule Change Amending Rule 7.44P                                                                                  NYSEArca–2015–56) (‘‘Pillar Approval Order’’).
                                                                                                             implements its Pillar trading platform,                  5 See NYSE Arca Equities Rules 7.44(k)(1),
                                                  Retail Liquidity Program                                                                                         7.44(k)(2)(A), 7.44P(k)(1) and 7.44P(k)(2)(A).
                                                                                                               1 15 U.S.C. 78s(b)(1).                                 6 See Pillar Approval Order, supra note 4 at
                                                  February 25, 2016.
                                                                                                               2 17 CFR 240.19b–4.                                 66952. See also NYSE Arca Equities Rule
                                                    Pursuant to Section 19(b)(1) of the                        3 See NYSE Arca Equities Rule 7.44(m); see also     7.31P(b)(2)(A) (defining ‘‘Limit IOC Order’’ as being
                                                  Securities Exchange Act of 1934                            Securities Exchange Act Release No. 75994 (Sept.      eligible for an optional MTS).
                                                                                                                                                                      7 15 U.S.C. 78f(b).
                                                                                                             28, 2015), 80 FR 59834 (Oct. 2, 2015) (SR–
                                                    14 17   CFR 200.30–3(a)(6), (9), (32), and (62).         NYSEArca–2015–84) (Notice of Filing).                    8 15 U.S.C. 78f(b)(5).




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                                                  10944                        Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Notices

                                                  prevent fraudulent and manipulative                     III. Date of Effectiveness of the                         that waiving the operative delay so that
                                                  acts and practices, to promote just and                 Proposed Rule Change and Timing for                       the proposed rule change would be
                                                  equitable principles of trade, to foster                Commission Action                                         operative as of the date of filing—
                                                  cooperation and coordination with                          The Exchange has filed the proposed                    February 11, 2016—would help mitigate
                                                  persons engaged in facilitating                         rule change pursuant to Section                           any confusion as to which rule text for
                                                  transactions in securities, to remove                   19(b)(3)(A)(iii) of the Act 9 and Rule                    Rule 7.44P applied at the beginning of
                                                  impediments to, and perfect the                         19b–4(f)(6) thereunder.10 Because the                     the migration of symbols to Pillar and
                                                  mechanism of, a free and open market                    proposed rule change does not: (i)                        throughout the migration. Accordingly,
                                                  and a national market system and, in                    Significantly affect the protection of                    the Commission believes that waiving
                                                  general, to protect investors and the                   investors or the public interest; (ii)                    the 30-day operative delay is consistent
                                                  public interest.                                        impose any significant burden on                          with the protection of investors and the
                                                     Specifically, the Exchange believes                  competition; and (iii) become operative                   public interest and hereby waives the
                                                  that the proposed amendment to Rule                     for 30 days from the date on which it                     30-day operative delay and designates
                                                  7.44P(m) to update the expiration date                  was filed, or such shorter time as the                    the proposal operative upon filing.15
                                                  of the pilot period of the Program would                Commission may designate, if                                 At any time within 60 days of the
                                                                                                          consistent with the protection of                         filing of the proposed rule change, the
                                                  remove impediments to and perfect the
                                                                                                          investors and the public interest, the                    Commission summarily may
                                                  mechanism of a free and open market
                                                                                                          proposed rule change has become                           temporarily suspend such rule change if
                                                  and national market system by ensuring
                                                                                                          effective pursuant to Section 19(b)(3)(A)                 it appears to the Commission that such
                                                  that Rule 7.44P(m) reflects the current
                                                                                                          of the Act 11 and Rule 19b–4(f)(6)                        action is necessary or appropriate in the
                                                  expiration date of the pilot period of the
                                                                                                          thereunder.12                                             public interest, for the protection of
                                                  Program, thus reducing potential
                                                                                                             A proposed rule change filed under                     investors, or otherwise in furtherance of
                                                  investor confusion regarding the actual
                                                                                                          Rule 19b–4(f)(6) 13 normally does not                     the purposes of the Act. If the
                                                  expiration date for the Program. In
                                                                                                          become operative prior to 30 days after                   Commission takes such action, the
                                                  addition, the Exchange believes that the
                                                                                                          the date of the filing. However, pursuant                 Commission shall institute proceedings
                                                  proposed amendment to Rule 7.44P(k)
                                                                                                          to Rule 19b–4(f)(6)(iii),14 the                           to determine whether the proposed rule
                                                  to specify that Retail Orders may not be                                                                          change should be approved or
                                                  designated with an MTS would remove                     Commission may designate a shorter
                                                                                                          time if such action is consistent with the                disapproved.
                                                  impediments to and perfect the
                                                  mechanism of a free and open market                     protection of investors and the public                    IV. Solicitation of Comments
                                                  and national market system by                           interest. The Exchange has asked the
                                                                                                                                                                      Interested persons are invited to
                                                  providing clarification in Exchange                     Commission to waive the 30-day
                                                                                                                                                                    submit written data, views, and
                                                  rules that one of the new functionalities               operative delay so that the proposed
                                                                                                                                                                    arguments concerning the foregoing,
                                                  available for Limit IOC Orders in Pillar                rule change may become operative
                                                                                                                                                                    including whether the proposed rule
                                                  would not be available for Retail Orders                immediately on filing. In the filing, the
                                                                                                                                                                    change is consistent with the Act.
                                                  that are designated IOC. The Exchange                   Exchange states that it anticipated
                                                                                                                                                                    Comments may be submitted by any of
                                                  believes that the proposed clarification                beginning the migration of symbols to
                                                                                                                                                                    the following methods:
                                                  would promote transparency in                           Pillar on February 22, 2016 and,
                                                  Exchange rules that current                             therefore, the Exchange points out that                   Electronic Comments
                                                  functionality of the Program is not                     there would be symbols trading on the                       • Use the Commission’s Internet
                                                  changing and that the new MTS                           Exchange that will no longer governed                     comment form (http://www.sec.gov/
                                                  designation that will be available for                  by Rule 7.44 in less than 30 days from                    rules/sro.shtml); or
                                                  Limit IOC Orders in Pillar will not be                  the date of filing of this proposed rule                    • Send an email to rule-comments@
                                                  available for Retail Orders.                            change. The Exchange argues that                          sec.gov. Please include File Number SR–
                                                                                                          waiving the operative delay would                         NYSEArca–2016–30 on the subject line.
                                                  B. Self-Regulatory Organization’s                       allow these proposed clarifications to
                                                  Statement on Burden on Competition                      Rule 7.44P to have been operative before                  Paper Comments
                                                                                                          February 22, 2016, which the Exchange                        • Send paper comments in triplicate
                                                     The Exchange does not believe that
                                                                                                          therefore asserts would reduce the                        to Secretary, Securities and Exchange
                                                  the proposed rule change will impose
                                                                                                          potential for any confusion that may                      Commission, 100 F Street NE.,
                                                  any burden on competition that is not
                                                                                                          result from having an incorrect                           Washington, DC 20549–1090.
                                                  necessary or appropriate in furtherance
                                                                                                          expiration date for the pilot period in
                                                  of the purposes of the Act. The                                                                                   All submissions should refer to File
                                                                                                          the rule text or potential uncertainty of
                                                  proposed change is not designed to                                                                                Number SR–NYSEArca–2016–30. This
                                                                                                          whether the new MTS functionality
                                                  address any competitive issue but rather                                                                          file number should be included on the
                                                                                                          would be available for Retail Orders in
                                                  to make non-substantive amendments to                                                                             subject line if email is used. To help the
                                                                                                          the Program. The Commission believes
                                                  Rule 7.44P to update the expiration date                                                                          Commission process and review your
                                                  of the pilot period for the Program and                   9 15  U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                    comments more efficiently, please use
                                                  to clarify that Retail Orders are not                     10 17  CFR 240.19b–4(f)(6).                             only one method. The Commission will
                                                  eligible to be designated with an MTS,                     11 15 U.S.C. 78s(b)(3)(A).                             post all comments on the Commission’s
                                                  which is current functionality.                            12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–      Internet Web site (http://www.sec.gov/
                                                                                                          4(f)(6)(iii) requires the Exchange to give the            rules/sro.shtml). Copies of the
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                                                  C. Self-Regulatory Organization’s                       Commission written notice of the Exchange’s intent        submission, all subsequent
                                                  Statement on Comments on the                            to file the proposed rule change, along with a brief
                                                                                                                                                                    amendments, all written statements
                                                  Proposed Rule Change Received From                      description and text of the proposed rule change,
                                                                                                          at least five business days prior to the date of filing   with respect to the proposed rule
                                                  Members, Participants, or Others                        of the proposed rule change, or such shorter time
                                                                                                          as designated by the Commission. The Exchange               15 For purposes only of waiving the 30-day
                                                    No written comments were solicited                    has satisfied this requirement.                           operative delay, the Commission has considered the
                                                  or received with respect to the proposed                   13 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                    proposed rule’s impact on efficiency, competition,
                                                  rule change.                                               14 17 CFR 240.19b–4(f)(6)(iii).                        and capital formation. See 15 U.S.C. 78c(f).



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                                                                               Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Notices                                                        10945

                                                  change that are filed with the                          I. Self-Regulatory Organization’s                       and accurate understanding of the
                                                  Commission, and all written                             Statement of the Terms of Substance of                  meaning of the Exchange’s rules. By
                                                  communications relating to the                          the Proposed Rule Change                                making clerical corrections, the
                                                  proposed rule change between the                           The Exchange proposes to amend                       Exchange is eliminating any potential
                                                  Commission and any person, other than                   Rule 7310 (Drill-Through Protection) to                 for confusion by simplifying the
                                                  those that may be withheld from the                     make clerical corrections to the BOX                    Exchange Rules and ensuring that
                                                  public in accordance with the                           Rulebook. The text of the proposed rule                 Participants, regulators and the public
                                                  provisions of 5 U.S.C. 552, will be                     change is available from the principal                  can more easily navigate the Exchange’s
                                                  available for Web site viewing and                      office of the Exchange, at the                          Rulebook. The Exchange believes that
                                                  printing in the Commission’s Public                     Commission’s Public Reference Room                      the proposed rule change is not unfairly
                                                  Reference Room, 100 F Street NE.,                       and also on the Exchange’s Internet Web                 discriminatory because it treats all
                                                  Washington, DC 20549 on official                                                                                market participants equally and will not
                                                                                                          site at http://boxexchange.com.
                                                  business days between the hours of                                                                              have an adverse impact on any market
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  II. Self-Regulatory Organization’s                      participant.
                                                  filing also will be available for                       Statement of the Purpose of, and
                                                                                                                                                                  B. Self-Regulatory Organization’s
                                                  inspection and copying at the principal                 Statutory Basis for, the Proposed Rule
                                                                                                                                                                  Statement on Burden on Competition
                                                  office of the Exchange. All comments                    Change
                                                                                                                                                                    The Exchange does not believe that
                                                  received will be posted without change;                    In its filing with the Commission, the
                                                                                                                                                                  this proposed rule change would
                                                  the Commission does not edit personal                   self-regulatory organization included                   impose any burden on competition not
                                                  identifying information from                            statements concerning the purpose of,                   necessary or appropriate in furtherance
                                                  submissions. You should submit only                     and basis for, the proposed rule change                 of the purposes of the Act. The
                                                  information that you wish to make                       and discussed any comments it received                  proposed change is not designed to
                                                  available publicly. All submissions                     on the proposed rule change. The text                   address any competitive issue but rather
                                                  should refer to File Number SR–                         of these statements may be examined at                  to correct clerical errors in BOX Rule
                                                  NYSEArca–2016–30, and should be                         the places specified in Item IV below.                  7310, thereby reducing confusion and
                                                  submitted on or before March 23, 2016.                  The self-regulatory organization has                    making the Exchange’s rules easier to
                                                    For the Commission, by the Division of                prepared summaries, set forth in                        understand and navigate. The Exchange
                                                  Trading and Markets, pursuant to delegated              Sections A, B, and C below, of the most                 believes that the proposed rule change
                                                  authority.16                                            significant aspects of such statements.                 will serve to promote regulatory clarity
                                                  Robert W. Errett,                                       A. Self-Regulatory Organization’s                       and consistency, thereby reducing
                                                  Deputy Secretary.                                       Statement of the Purpose of, and                        burdens on the marketplace and
                                                                                                          Statutory Basis for, the Proposed Rule                  facilitating investor protection.
                                                  [FR Doc. 2016–04506 Filed 3–1–16; 8:45 am]
                                                                                                          Change                                                  C. Self-Regulatory Organization’s
                                                  BILLING CODE 8011–01–P
                                                                                                          1. Purpose                                              Statement on Comments on the
                                                                                                                                                                  Proposed Rule Change Received From
                                                                                                             The purpose of the proposed rule                     Members, Participants, or Others
                                                  SECURITIES AND EXCHANGE                                 change is to amend Rule 7310 (Drill-
                                                  COMMISSION                                              Through Protection) to make clerical                      The Exchange has neither solicited
                                                                                                          corrections to the BOX Rulebook.                        nor received comments on the proposed
                                                  [Release No. 34–77229; File No. SR–BOX–                    The Exchange proposes to amend                       rule change.
                                                  2016–10]                                                Rule 7310 (Drill-Through Protection) to                 III. Date of Effectiveness of the
                                                                                                          make clerical corrections. Specifically,                Proposed Rule Change and Timing for
                                                  Self-Regulatory Organizations; BOX                      in Rule 7310, regarding the Interpretive                Commission Action
                                                  Options Exchange LLC; Notice of                         Materials, the Exchange proposes to
                                                  Filing and Immediate Effectiveness of                                                                              The Exchange has filed the proposed
                                                                                                          replace the inaccurate numbering of the
                                                  a Proposed Rule Change To Make Non-                                                                             rule change pursuant to Section
                                                                                                          Interpretive Materials from ‘‘IM–7300–
                                                  Controversial and Clerical                                                                                      19(b)(3)(A)(iii) of the Act 5 and Rule
                                                                                                          1’’ and ‘‘IM–7300–2’’ to ‘‘IM–7310–1’’
                                                  Amendments to Its Rules                                                                                         19b–4(f)(6) thereunder.6 Because the
                                                                                                          and ‘‘IM–7310–2’’ respectively.
                                                                                                                                                                  proposed rule change does not: (i)
                                                  February 25, 2016.                                      2. Statutory Basis                                      Significantly affect the protection of
                                                     Pursuant to Section 19(b)(1) of the                     The Exchange believes that the                       investors or the public interest; (ii)
                                                  Securities Exchange Act of 1934                         proposal is consistent with the                         impose any significant burden on
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 requirements of Section 6(b) of the Act,3               competition; and (iii) become operative
                                                  notice is hereby given that on February                 in general, and Section 6(b)(5) of the                  prior to 30 days from the date on which
                                                  18, 2016, BOX Options Exchange LLC                      Act,4 in particular, that it is designed to             it was filed, or such shorter time as the
                                                  (the ‘‘Exchange’’) filed with the                       promote just and equitable principles of                Commission may designate, if
                                                  Securities and Exchange Commission                      trade, remove impediments to and                        consistent with the protection of
                                                  (‘‘Commission’’) the proposed rule                      perfect the mechanism of a free and                     investors and the public interest, the
                                                  change as described in Items I and II                   open market and a national market                       proposed rule change has become
                                                  below, which Items have been prepared                                                                           effective pursuant to Section 19(b)(3)(A)
                                                                                                          system, and, in general protect investors
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  by the self-regulatory organization. The                and the public interest. The Exchange                     5 15  U.S.C. 78s(b)(3)(A)(iii).
                                                  Commission is publishing this notice to                 believes it is appropriate to make these                  6 17  CFR 240.19b–4(f)(6). As required under Rule
                                                  solicit comments on the proposed rule                   non-controversial and clerical                          19b–4(f)(6)(iii), the Exchange provided the
                                                  from interested persons.                                corrections to its rules so that Exchange               Commission with written notice of its intent to file
                                                                                                          participants and investors have a clear                 the proposed rule change, along with a brief
                                                                                                                                                                  description and the text of the proposed rule
                                                    16 17 CFR 200.30–3(a)(12), (59).                                                                              change, at least five business days prior to the date
                                                    1 15 U.S.C. 78s(b)(1).                                  3 15   U.S.C. 78f(b).                                 of filing of the proposed rule change, or such
                                                    2 17 CFR 240.19b–4.                                     4 15   U.S.C. 78f(b)(5).                              shorter time as designated by the Commission.



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Document Created: 2018-02-02 15:04:04
Document Modified: 2018-02-02 15:04:04
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 Citation81 FR 10943 

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