81_FR_14552 81 FR 14500 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rules 7.31P(j) and 7.34P(c) To Allow Q Orders To Participate in the Early Trading Session and Late Trading Session

81 FR 14500 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rules 7.31P(j) and 7.34P(c) To Allow Q Orders To Participate in the Early Trading Session and Late Trading Session

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 52 (March 17, 2016)

Page Range14500-14502
FR Document2016-05973

Federal Register, Volume 81 Issue 52 (Thursday, March 17, 2016)
[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14500-14502]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05973]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77349; File No. SR-NYSEArca-2016-43]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending Rules 
7.31P(j) and 7.34P(c) To Allow Q Orders To Participate in the Early 
Trading Session and Late Trading Session

March 11, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that on March 9, 2016, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rules 7.31P(j) (Orders and 
Modifiers) and 7.34P(c) (Trading Sessions) to allow Q Orders to 
participate in the Early Trading Session and Late Trading Session. 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rules 7.31P(j) and 7.34P(c), which 
govern the operation of Q Orders on the Exchange's Pillar trading 
platform. A Q Order is a limit order submitted to the NYSE Arca 
Marketplace by a Market Maker, and designated by a Market Maker as a 
``Q Order'' through such means as the Corporation shall specify.\4\
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    \4\ See Rule 7.31P(j). The term ``NYSE Arca Marketplace'' is 
defined in Rule 1.1(e) as the electronic securities communications 
and trading facility designated by the Board of Directors through 
which orders of Users are consolidated for execution and/or display. 
The term ``Market Maker'' is defined in Rule 1.1(v) as an ETP Holder 
that acts as a Market Maker pursuant to Rule 7, which includes Lead 
Market Makers. The term ``Corporation'' is defined in Rule 1.1(k) to 
mean NYSE Arca Equities.
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    Rule 7.34(b)(1) describes the operation of Q orders on the current, 
or legacy, platform and states that Q Orders may be entered beginning 
at the start of the Core Trading Session or at such earlier time during 
the Opening Session as determined from time to time by the Corporation, 
and continuing until the end of the Core Trading Session. Further, Rule 
7.34(d)(1), which describes which orders are permitted in

[[Page 14501]]

the Opening Session at the Exchange on the current trading platform, 
does not restrict the entry of Q Orders during the Opening Session (the 
Early Trading Session in Pillar).\5\ While Q Orders are not required 
for the Opening or Late Trading Session, on the current trading 
platform, Market Makers are permitted to enter such orders during those 
sessions.
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    \5\ Rule 7.34(d)(3)(A), however, provides that Orders eligible 
for the Display Order Process (other than Q Orders) and for the 
Working Order Process, including NOW Orders and PNP Orders, that 
have been designated as available for the Late Trading Session are 
eligible for entry into and execution on the NYSE Arca Markeplace 
[sic].
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    As the Exchange described when it adopted Rule 7.31P(j)(2), Q 
Orders on the Pillar trading platform operate in a similar manner as 
they do on the trading platform that Pillar will replace.\6\ However, 
for Pillar, Rule 7.34P provides that a Q Order is not eligible to 
participate in either the Early Trading Session or the Late Trading 
Session, and if a Q Order includes a designation for one of those 
sessions, it will be rejected.\7\
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    \6\ See Securities Exchange Act Release Nos. 75497 (July 21, 
2015), 80 FR 45022 (July 28, 2015) (Notice of Filing of SR-NYSEArca-
2015-56); and 76267 (October 26, 2015), 80 FR 66951 (October 30, 
2015) (Order Approving SR-NYSEArca-2015-56).
    \7\ See Rule 7.34P(c)(1)(A) and 7.34P(c)(3)(A).
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    The Exchange understands that Market Makers registered on the 
Exchange currently enter Q Orders for participation in the Opening 
Session so that they may begin assessing pricing in Exchange-listed 
securities. To assist Market Makers with meeting their obligations to 
make two-sided markets in Exchange-listed securities, and to facilitate 
the price-discovery process and ability of Market Makers to price the 
security for the Core Trading Session, the Exchange proposes to amend 
the Pillar rules so that Q Orders can be entered during the Early 
Trading Session. With this change, Q Orders would function in Pillar no 
differently than they do on the current trading platform in terms of 
when they can be entered on the Exchange.
    Additionally, while there is limited use for Market Makers to 
submit Q Orders during the Late Trading Session, the Exchange currently 
accepts Q Orders designated for the Late Trading Session, and proposes 
to continue to allow Market Makers to enter Q Orders designated for the 
Late Trading Session, to the extent they choose to do so, in order to 
ensure that the migration to Pillar is seamless and minimally 
disruptive for Market Makers. In addition, the Exchange believes that 
permitting Market Makers to include a designation for the Late Trading 
Session for Q Orders would promote the display of liquidity on the 
Exchange during all trading sessions, and not just when a Market Maker 
has obligations to display liquidity during the Core Trading Session.
    To effect this change, the Exchange proposes to amend Rule 
7.31P(j)(2) to delete the first sentence of that rule, which provides 
that Q Orders are only eligible to participate in the Core Trading 
Session. The Exchange also proposes to amend the third sentence of the 
current rule to provide that Market Makers are not obligated to but may 
enter Q Orders during the Early or Late Trading Session. The Exchange 
further proposes to amend Rules 7.34P(c)(1)(A) and (c)(3)(A) to remove 
any reference to Q Orders as not being eligible to participate in the 
Early Trading Session or Late Trading Session or that if a Q Orders is 
designated for either the Early or Late Trading Session, it will be 
rejected. The proposed amendments to current Rules 7.34P(c)(1)(A) and 
7.34P(c)(3)(A) would make clear that Q Orders are eligible to 
participate in the Early Trading Session and the Late Trading Session, 
respectively, and if such orders are submitted with a designation for 
the Early Trading Session or the Late Trading Session, they would not 
be rejected.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\8\ in general, and 
furthers the objectives of Section 6(b)(5),\9\ in particular, because 
it is designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the proposed rule change 
would remove impediments to and perfect the mechanism of a free and 
open market and a national market system by assisting Market Makers in 
Exchange-listed securities to meet their obligation to make markets in 
their registered securities by using Q Orders during the Early Trading 
Session to gauge market interest in securities so that they may be 
priced appropriately for the Core Trading Session. In addition, the 
Exchange believes that permitting Market Makers to include a 
designation for the Late Trading Session for Q Orders would remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system because it would promote the display of 
liquidity on the Exchange during all trading sessions, and not just 
when a Market Maker has obligations to display liquidity during the 
Core Trading Session. To this end, the proposed rule change would allow 
Pillar to operate no differently than the trading platform Pillar will 
replace, in terms of when Q Orders can be entered on the Exchange. 
Accordingly, the proposed rule change would provide that on Pillar, 
Market Makers would not be obligated to enter Q Orders in securities in 
which they are registered during the Early or Late Trading Sessions, 
but would be permitted to do so.

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 amendments 
to Rules 7.31P and 7.34P relating to Q Orders so that they may be 
entered during the Early Trading Session and Late Trading Session.

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

    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, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.

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[[Page 14502]]

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \12\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ 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 asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
stated that it intends to begin migrating symbols to the Pillar 
platform within thirty days from the date of this filing. According to 
the Exchange, waiver of the operative delay will allow Market Makers 
registered on the Exchange to enter Q Orders designated for the Early 
and Late Trading Sessions on the Pillar platform, which the Exchange 
believes will facilitate the price discovery process on the Exchange. 
The Commission believes the waiver of the operative delay is consistent 
with the protection of investors and the public interest. Therefore, 
the Commission hereby waives the operative delay and designates the 
proposal operative upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has also 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-2016-43 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-43. 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 such 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-2016-43, and should 
be submitted on or before April 7, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2016-05973 Filed 3-16-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    14500                               Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices

                                                    market share as a result. Accordingly,                     submission, all subsequent                            solicit comments on the proposed rule
                                                    the Exchange does not believe that the                     amendments, all written statements                    change from interested persons.
                                                    proposed changes will impair the ability                   with respect to the proposed rule
                                                                                                                                                                     I. Self-Regulatory Organization’s
                                                    of members or competing order                              change that are filed with the
                                                                                                                                                                     Statement of the Terms of Substance of
                                                    execution venues to maintain their                         Commission, and all written
                                                                                                                                                                     the Proposed Rule Change
                                                    competitive standing in the financial                      communications relating to the
                                                    markets [sic].                                             proposed rule change between the                         The Exchange proposes to amend
                                                                                                               Commission and any person, other than                 Rules 7.31P(j) (Orders and Modifiers)
                                                    C. Self-Regulatory Organization’s                          those that may be withheld from the                   and 7.34P(c) (Trading Sessions) to allow
                                                    Statement on Comments on the                               public in accordance with the                         Q Orders to participate in the Early
                                                    Proposed Rule Change Received From                         provisions of 5 U.S.C. 552, will be                   Trading Session and Late Trading
                                                    Members, Participants, or Others                           available for Web site viewing and                    Session. The proposed rule change is
                                                      No written comments were either                          printing in the Commission’s Public                   available on the Exchange’s Web site at
                                                    solicited or received.                                     Reference Room, 100 F Street NE.,                     www.nyse.com, at the principal office of
                                                                                                               Washington, DC 20549, on official                     the Exchange, and at the Commission’s
                                                    III. Date of Effectiveness of the                                                                                Public Reference Room.
                                                                                                               business days between the hours of
                                                    Proposed Rule Change and Timing for
                                                                                                               10:00 a.m. and 3:00 p.m. Copies of the                II. Self-Regulatory Organization’s
                                                    Commission Action
                                                                                                               filing also will be available for                     Statement of the Purpose of, and
                                                       The foregoing rule change has become                    inspection and copying at the principal               Statutory Basis for, the Proposed Rule
                                                    effective pursuant to Section                              office of the Exchange. All comments                  Change
                                                    19(b)(3)(A)(ii) of the Act.9                               received will be posted without change;
                                                       At any time within 60 days of the                       the Commission does not edit personal                    In its filing with the Commission, the
                                                    filing of the proposed rule change, the                    identifying information from                          self-regulatory organization included
                                                    Commission summarily may                                   submissions. You should submit only                   statements concerning the purpose of,
                                                    temporarily suspend such rule change if                    information that you wish to make                     and basis for, the proposed rule change
                                                    it appears to the Commission that such                     available publicly. All submissions                   and discussed any comments it received
                                                    action is: (i) Necessary or appropriate in                 should refer to File Number SR–                       on the proposed rule change. The text
                                                    the public interest; (ii) for the protection               NASDAQ–2016–031 and should be                         of those statements may be examined at
                                                    of investors; or (iii) otherwise in                        submitted on or before April 7, 2016.                 the places specified in Item IV below.
                                                    furtherance of the purposes of the Act.                                                                          The Exchange has prepared summaries,
                                                                                                                 For the Commission, by the Division of              set forth in sections A, B, and C below,
                                                    If the Commission takes such action, the                   Trading and Markets, pursuant to delegated
                                                    Commission shall institute proceedings                     authority.10
                                                                                                                                                                     of the most significant parts of such
                                                    to determine whether the proposed rule                                                                           statements.
                                                                                                               Lynn M. Powalski,
                                                    should be approved or disapproved.                         Deputy Secretary.                                     A. Self-Regulatory Organization’s
                                                    IV. Solicitation of Comments                               [FR Doc. 2016–05989 Filed 3–16–16; 8:45 am]           Statement of the Purpose of, and
                                                                                                               BILLING CODE 8011–01–P
                                                                                                                                                                     Statutory Basis for, the Proposed Rule
                                                      Interested persons are invited to                                                                              Change
                                                    submit written data, views and
                                                    arguments concerning the foregoing,                                                                              1. Purpose
                                                                                                               SECURITIES AND EXCHANGE
                                                    including whether the proposed rule                        COMMISSION                                               The Exchange proposes to amend
                                                    change is consistent with the Act.                                                                               Rules 7.31P(j) and 7.34P(c), which
                                                    Comments may be submitted by any of                        [Release No. 34–77349; File No. SR–                   govern the operation of Q Orders on the
                                                    the following methods:                                     NYSEArca–2016–43]                                     Exchange’s Pillar trading platform. A Q
                                                    Electronic Comments                                                                                              Order is a limit order submitted to the
                                                                                                               Self-Regulatory Organizations; NYSE
                                                                                                                                                                     NYSE Arca Marketplace by a Market
                                                      • Use the Commission’s Internet                          Arca, Inc.; Notice of Filing and
                                                                                                                                                                     Maker, and designated by a Market
                                                    comment form (http://www.sec.gov/                          Immediate Effectiveness of Proposed
                                                                                                                                                                     Maker as a ‘‘Q Order’’ through such
                                                    rules/sro.shtml); or                                       Rule Change Amending Rules 7.31P(j)
                                                                                                                                                                     means as the Corporation shall specify.4
                                                      • Send an email to rule-comments@                        and 7.34P(c) To Allow Q Orders To
                                                                                                                                                                        Rule 7.34(b)(1) describes the
                                                    sec.gov. Please include File Number SR–                    Participate in the Early Trading
                                                                                                                                                                     operation of Q orders on the current, or
                                                    NASDAQ–2016–031 on the subject line.                       Session and Late Trading Session
                                                                                                                                                                     legacy, platform and states that Q
                                                    Paper Comments                                             March 11, 2016.                                       Orders may be entered beginning at the
                                                                                                                  Pursuant to Section 19(b)(1) 1 of the              start of the Core Trading Session or at
                                                       • Send paper comments in triplicate                                                                           such earlier time during the Opening
                                                                                                               Securities Exchange Act of 1934 (the
                                                    to Secretary, Securities and Exchange                                                                            Session as determined from time to time
                                                                                                               ‘‘Act’’),2 and Rule 19b–4 thereunder,3
                                                    Commission, 100 F Street NE.,                                                                                    by the Corporation, and continuing until
                                                                                                               notice is hereby given that on March 9,
                                                    Washington, DC 20549–1090.                                                                                       the end of the Core Trading Session.
                                                                                                               2016, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                    All submissions should refer to File                       or ‘‘NYSE Arca’’) filed with the                      Further, Rule 7.34(d)(1), which
                                                    Number SR–NASDAQ–2016–031. This                            Securities and Exchange Commission                    describes which orders are permitted in
                                                    file number should be included on the                      (the ‘‘Commission’’) the proposed rule
                                                    subject line if email is used. To help the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                        4 See Rule 7.31P(j). The term ‘‘NYSE Arca
                                                                                                               change as described in Items I and II
                                                    Commission process and review your                                                                               Marketplace’’ is defined in Rule 1.1(e) as the
                                                                                                               below, which Items have been prepared                 electronic securities communications and trading
                                                    comments more efficiently, please use                      by the self-regulatory organization. The              facility designated by the Board of Directors
                                                    only one method. The Commission will                       Commission is publishing this notice to               through which orders of Users are consolidated for
                                                    post all comments on the Commission’s                                                                            execution and/or display. The term ‘‘Market Maker’’
                                                    Internet Web site (http://www.sec.gov/                       10 17
                                                                                                                                                                     is defined in Rule 1.1(v) as an ETP Holder that acts
                                                                                                                       CFR 200.30–3(a)(12).                          as a Market Maker pursuant to Rule 7, which
                                                    rules/sro.shtml). Copies of the                              1 15 U.S.C. 78s(b)(1).                              includes Lead Market Makers. The term
                                                                                                                 2 15 U.S.C. 78a.
                                                                                                                                                                     ‘‘Corporation’’ is defined in Rule 1.1(k) to mean
                                                      9 15   U.S.C. 78s(b)(3)(A)(ii).                            3 17 CFR 240.19b–4.                                 NYSE Arca Equities.



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                                                                                  Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices                                                      14501

                                                    the Opening Session at the Exchange on                  for Q Orders would promote the display                  Exchange believes that permitting
                                                    the current trading platform, does not                  of liquidity on the Exchange during all                 Market Makers to include a designation
                                                    restrict the entry of Q Orders during the               trading sessions, and not just when a                   for the Late Trading Session for Q
                                                    Opening Session (the Early Trading                      Market Maker has obligations to display                 Orders would remove impediments to
                                                    Session in Pillar).5 While Q Orders are                 liquidity during the Core Trading                       and perfect the mechanism of a free and
                                                    not required for the Opening or Late                    Session.                                                open market and a national market
                                                    Trading Session, on the current trading                    To effect this change, the Exchange                  system because it would promote the
                                                    platform, Market Makers are permitted                   proposes to amend Rule 7.31P(j)(2) to                   display of liquidity on the Exchange
                                                    to enter such orders during those                       delete the first sentence of that rule,                 during all trading sessions, and not just
                                                    sessions.                                               which provides that Q Orders are only                   when a Market Maker has obligations to
                                                       As the Exchange described when it                    eligible to participate in the Core                     display liquidity during the Core
                                                    adopted Rule 7.31P(j)(2), Q Orders on                   Trading Session. The Exchange also                      Trading Session. To this end, the
                                                    the Pillar trading platform operate in a                proposes to amend the third sentence of                 proposed rule change would allow
                                                    similar manner as they do on the trading                the current rule to provide that Market                 Pillar to operate no differently than the
                                                    platform that Pillar will replace.6                     Makers are not obligated to but may                     trading platform Pillar will replace, in
                                                    However, for Pillar, Rule 7.34P provides                enter Q Orders during the Early or Late                 terms of when Q Orders can be entered
                                                    that a Q Order is not eligible to                       Trading Session. The Exchange further                   on the Exchange. Accordingly, the
                                                    participate in either the Early Trading                 proposes to amend Rules 7.34P(c)(1)(A)                  proposed rule change would provide
                                                    Session or the Late Trading Session, and                and (c)(3)(A) to remove any reference to                that on Pillar, Market Makers would not
                                                    if a Q Order includes a designation for                 Q Orders as not being eligible to                       be obligated to enter Q Orders in
                                                    one of those sessions, it will be                       participate in the Early Trading Session                securities in which they are registered
                                                    rejected.7                                              or Late Trading Session or that if a Q                  during the Early or Late Trading
                                                       The Exchange understands that                        Orders is designated for either the Early               Sessions, but would be permitted to do
                                                    Market Makers registered on the                         or Late Trading Session, it will be                     so.
                                                    Exchange currently enter Q Orders for                   rejected. The proposed amendments to
                                                    participation in the Opening Session so                 current Rules 7.34P(c)(1)(A) and                        B. Self-Regulatory Organization’s
                                                    that they may begin assessing pricing in                7.34P(c)(3)(A) would make clear that Q                  Statement on Burden on Competition
                                                    Exchange-listed securities. To assist                   Orders are eligible to participate in the                 The Exchange does not believe that
                                                    Market Makers with meeting their                        Early Trading Session and the Late                      the proposed rule change will impose
                                                    obligations to make two-sided markets                   Trading Session, respectively, and if                   any burden on competition that is not
                                                    in Exchange-listed securities, and to                   such orders are submitted with a                        necessary or appropriate in furtherance
                                                    facilitate the price-discovery process                  designation for the Early Trading                       of the purposes of the Act. The
                                                    and ability of Market Makers to price                   Session or the Late Trading Session,                    proposed change is not designed to
                                                    the security for the Core Trading                       they would not be rejected.                             address any competitive issue but rather
                                                    Session, the Exchange proposes to                                                                               to make amendments to Rules 7.31P and
                                                    amend the Pillar rules so that Q Orders                 2. Statutory Basis
                                                                                                                                                                    7.34P relating to Q Orders so that they
                                                    can be entered during the Early Trading                    The proposed rule change is                          may be entered during the Early Trading
                                                    Session. With this change, Q Orders                     consistent with Section 6(b) of the                     Session and Late Trading Session.
                                                    would function in Pillar no differently                 Securities Exchange Act of 1934 (the
                                                    than they do on the current trading                     ‘‘Act’’),8 in general, and furthers the                 C. Self-Regulatory Organization’s
                                                    platform in terms of when they can be                   objectives of Section 6(b)(5),9 in                      Statement on Comments on the
                                                    entered on the Exchange.                                particular, because it is designed to                   Proposed Rule Change Received From
                                                       Additionally, while there is limited                 prevent fraudulent and manipulative                     Members, Participants, or Others
                                                    use for Market Makers to submit Q                       acts and practices, to promote just and                   No written comments were solicited
                                                    Orders during the Late Trading Session,                 equitable principles of trade, to foster                or received with respect to the proposed
                                                    the Exchange currently accepts Q                        cooperation and coordination with                       rule change.
                                                    Orders designated for the Late Trading                  persons engaged in facilitating
                                                    Session, and proposes to continue to                    transactions in securities, to remove                   III. Date of Effectiveness of the
                                                    allow Market Makers to enter Q Orders                   impediments to, and perfect the                         Proposed Rule Change and Timing for
                                                    designated for the Late Trading Session,                mechanism of, a free and open market                    Commission Action
                                                    to the extent they choose to do so, in                  and a national market system and, in                      Because the proposed rule change
                                                    order to ensure that the migration to                   general, to protect investors and the                   does not (i) significantly affect the
                                                    Pillar is seamless and minimally                        public interest.                                        protection of investors or the public
                                                    disruptive for Market Makers. In                           Specifically, the Exchange believes                  interest; (ii) impose any significant
                                                    addition, the Exchange believes that                    that the proposed rule change would                     burden on competition; and (iii) become
                                                    permitting Market Makers to include a                   remove impediments to and perfect the                   operative for 30 days from the date on
                                                    designation for the Late Trading Session                mechanism of a free and open market                     which it was filed, or such shorter time
                                                                                                            and a national market system by                         as the Commission may designate, it has
                                                       5 Rule 7.34(d)(3)(A), however, provides that         assisting Market Makers in Exchange-                    become effective pursuant to Section
                                                    Orders eligible for the Display Order Process (other    listed securities to meet their obligation
                                                    than Q Orders) and for the Working Order Process,
                                                                                                                                                                    19(b)(3)(A) of the Act 10 and Rule 19b–
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                                                    including NOW Orders and PNP Orders, that have
                                                                                                            to make markets in their registered                     4(f)(6) thereunder.11
                                                    been designated as available for the Late Trading       securities by using Q Orders during the
                                                    Session are eligible for entry into and execution on    Early Trading Session to gauge market                     10 15U.S.C. 78s(b)(3)(A).
                                                    the NYSE Arca Markeplace [sic].                         interest in securities so that they may be                11 17CFR 240.19b–4(f)(6). As required under Rule
                                                       6 See Securities Exchange Act Release Nos. 75497
                                                                                                            priced appropriately for the Core                       19b–4(f)(6)(iii), the Exchange provided the
                                                    (July 21, 2015), 80 FR 45022 (July 28, 2015) (Notice                                                            Commission with written notice of its intent to file
                                                    of Filing of SR–NYSEArca–2015–56); and 76267            Trading Session. In addition, the                       the proposed rule change, along with a brief
                                                    (October 26, 2015), 80 FR 66951 (October 30, 2015)                                                              description and the text of the proposed rule
                                                    (Order Approving SR–NYSEArca–2015–56).                    8 15   U.S.C. 78f(b).                                 change, at least five business days prior to the date
                                                       7 See Rule 7.34P(c)(1)(A) and 7.34P(c)(3)(A).          9 15   U.S.C. 78f(b)(5).                                                                          Continued




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                                                    14502                         Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices

                                                       A proposed rule change filed                           • Send an email to rule-comments@                    SECURITIES AND EXCHANGE
                                                    pursuant to Rule 19b–4(f)(6) under the                  sec.gov. Please include File Number SR–                COMMISSION
                                                    Act 12 normally does not become                         NYSEArca–2016–43 on the subject line.
                                                                                                                                                                   [Release No. 34–77354; File No. SR–
                                                    operative for 30 days after the date of its                                                                    NASDAQ–2016–032]
                                                    filing. However, Rule 19b–4(f)(6)(iii) 13               Paper Comments
                                                    permits the Commission to designate a                     • Send paper comments in triplicate                  Self-Regulatory Organizations; The
                                                    shorter time if such action is consistent               to Brent J. Fields, Secretary, Securities              NASDAQ Stock Market LLC; Notice of
                                                    with the protection of investors and the                                                                       Filing and Immediate Effectiveness of
                                                                                                            and Exchange Commission, 100 F Street
                                                    public interest. The Exchange has asked                                                                        Proposed Rule Change To Amend the
                                                                                                            NE., Washington, DC 20549–1090.
                                                    the Commission to waive the 30-day                                                                             Market Quality Incentive Programs
                                                    operative delay so that the proposal may                All submissions should refer to File                   Under Rule 7014
                                                    become operative immediately upon                       Number SR–NYSEArca–2016–43. This
                                                    filing. The Exchange stated that it                     file number should be included on the                  March 11, 2016.
                                                    intends to begin migrating symbols to                   subject line if email is used. To help the                Pursuant to Section 19(b)(1) of the
                                                    the Pillar platform within thirty days                  Commission process and review your                     Securities Exchange Act of 1934
                                                    from the date of this filing. According to              comments more efficiently, please use                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    the Exchange, waiver of the operative                                                                          notice is hereby given that on March 1,
                                                                                                            only one method. The Commission will
                                                    delay will allow Market Makers                                                                                 2016, The NASDAQ Stock Market LLC
                                                                                                            post all comments on the Commission’s
                                                    registered on the Exchange to enter Q                                                                          (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
                                                                                                            Internet Web site (http://www.sec.gov/
                                                    Orders designated for the Early and Late                                                                       Securities and Exchange Commission
                                                                                                            rules/sro.shtml). Copies of the                        (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                    Trading Sessions on the Pillar platform,                submission, all subsequent
                                                    which the Exchange believes will                                                                               rule change as described in Items I and
                                                                                                            amendments, all written statements                     II, below, which Items have been
                                                    facilitate the price discovery process on
                                                                                                            with respect to the proposed rule                      prepared by the Exchange. The
                                                    the Exchange. The Commission believes
                                                                                                            change that are filed with the                         Commission is publishing this notice to
                                                    the waiver of the operative delay is
                                                    consistent with the protection of                       Commission, and all written                            solicit comments on the proposed rule
                                                    investors and the public interest.                      communications relating to the                         change from interested persons.
                                                    Therefore, the Commission hereby                        proposed rule change between the
                                                                                                            Commission and any person, other than                  I. Self-Regulatory Organization’s
                                                    waives the operative delay and                                                                                 Statement of the Terms of Substance of
                                                    designates the proposal operative upon                  those that may be withheld from the
                                                                                                                                                                   the Proposed Rule Change
                                                    filing.14                                               public in accordance with the
                                                                                                            provisions of 5 U.S.C. 552, will be                       The Exchange proposes to: (i) Change
                                                       At any time within 60 days of the                                                                           the qualification requirements of, and
                                                    filing of the proposed rule change, the                 available for Web site viewing and
                                                                                                            printing in the Commission’s Public                    add an additional rebate to, the
                                                    Commission summarily may                                                                                       Qualified Market Maker Program; (ii)
                                                    temporarily suspend such rule change if                 Reference Room, 100 F Street NE.,
                                                                                                            Washington, DC 20549 on official                       modify the maximum fee assessed for
                                                    it appears to the Commission that such                                                                         participation in the Exchange Opening
                                                    action is necessary or appropriate in the               business days between the hours of
                                                                                                                                                                   and Closing Crosses, and extend the
                                                    public interest, for the protection of                  10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                                                                                   program to include participation in the
                                                    investors, or otherwise in furtherance of               filing also will be available for
                                                                                                                                                                   Exchange Halt Cross, under the Lead
                                                    the purposes of the Act. If the                         inspection and copying at the principal
                                                                                                                                                                   Market Maker Program; and (iii) modify
                                                    Commission takes such action, the                       office of the Exchange. All comments                   the requirements and rebates provided
                                                    Commission shall institute proceedings                  received will be posted without change;                under the NBBO Program.
                                                    to determine whether the proposed rule                  the Commission does not edit personal                     The text of the proposed rule change
                                                    change should be approved or                            identifying information from                           is available on the Exchange’s Web site
                                                    disapproved.                                            submissions. You should submit only                    at http://nasdaq.cchwallstreet.com, at
                                                    IV. Solicitation of Comments                            information that you wish to make                      the principal office of the Exchange, and
                                                                                                            available publicly. All submissions                    at the Commission’s Public Reference
                                                      Interested persons are invited to                     should refer to File Number SR–                        Room.
                                                    submit written data, views, and                         NYSEArca–2016–43, and should be
                                                    arguments concerning the foregoing,                                                                            II. Self-Regulatory Organization’s
                                                                                                            submitted on or before April 7, 2016.
                                                    including whether the proposed rule                                                                            Statement of the Purpose of, and
                                                    change is consistent with the Act.                        For the Commission, by the Division of               Statutory Basis for, the Proposed Rule
                                                    Comments may be submitted by any of                     Trading and Markets, pursuant to delegated             Change
                                                                                                            authority.15
                                                    the following methods:                                                                                            In its filing with the Commission, the
                                                                                                            Lynn M. Powalski,                                      Exchange included statements
                                                    Electronic Comments                                     Deputy Secretary.                                      concerning the purpose of and basis for
                                                      • Use the Commission’s Internet                       [FR Doc. 2016–05973 Filed 3–16–16; 8:45 am]            the proposed rule change and discussed
                                                    comment form (http://www.sec.gov/                       BILLING CODE 8011–01–P                                 any comments it received on the
                                                    rules/sro.shtml); or                                                                                           proposed rule change. The text of these
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                                                                                                                                                                   statements may be examined at the
                                                    of filing of the proposed rule change, or such                                                                 places specified in Item IV below. The
                                                    shorter time as designated by the Commission.                                                                  Exchange has prepared summaries, set
                                                       12 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                   forth in sections A, B, and C below, of
                                                       13 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                   the most significant aspects of such
                                                       14 For purposes only of waiving the 30-day

                                                    operative delay, the Commission has also
                                                                                                                                                                   statements.
                                                    considered the proposed rule’s impact on
                                                                                                                                                                     1 15   U.S.C. 78s(b)(1).
                                                    efficiency, competition, and capital formation. See
                                                    15 U.S.C. 78c(f).                                         15 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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Document Created: 2016-03-17 00:58:53
Document Modified: 2016-03-17 00:58:53
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 14500 

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