81 FR 14917 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Deadline for Implementing Rule 967.1NY(a)(2) and (3)
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 53 (March 18, 2016)
Federal Register Volume 81, Issue 53 (March 18, 2016)
| Page Range | 14917-14919 | |
| FR Document | 2016-06096 |
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)] [Notices] [Pages 14917-14919] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06096] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77356; File No. SR-NYSEMKT-2016-36] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Deadline for Implementing Rule 967.1NY(a)(2) and (3) March 14, 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 4, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I 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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend the deadline for implementing Rule 967.1NY(a)(2) and (3) until July 31, 2016. 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 is proposing to extend the deadline for implementing Rule 967.1NY(a)(2) and (3) until July 31, 2016. The current implementation deadline is March 4, 2016. In March 2015, the Commission approved Rule 967.1NY, which provides a price protection risk mechanism for Market Maker quotes.\4\ Rule 967.1NY provides two layers of price protection to incoming Market Maker quotes, rejecting those Market Maker quotes that exceed certain parameters, as a risk mitigation tool.\5\ The Exchange has implemented the first layer of price protection (the NBBO Reasonability Check) and has until one year from the date of the Approval Order to implement the second layer of protection (the Underlying Stock Price/Strike Price Check) pursuant to Commentary .01 to Rule 967.1NY, which is March 4, 2016 (the ``March 4th Deadline'').\6\ --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 74440 (March 4, 2015), 80 FR 12687 (March 10, 2015) (SR-NYSEMKT-2014-116) (Approval Order); see also Securities Exchange Act Release No. 74017 (January 8, 2015), 80 FR 1979 (January 14, 2015) (SR-NYSEMKT-2014-116) (Notice). \5\ The first layer of price protection assesses incoming sell quotes against the NBB and incoming buy quotes against the NBO (the ``NBBO Price Reasonability Check''). Specifically, per Rule 967.1NY(a)(1), provided that an NBBO is available, a Market Maker quote would be rejected if it is priced a specified dollar amount or percentage through the contra-side NBBO. The second layer of price protection assesses the price of call or put bids against a specified benchmark (the ``Underlying Stock Price/Strike Price Check''), per Rule 967.1NY(a)(2) and (3). This second layer of protection applies to bids in call options or put options when (1) there is no NBBO available, for example, during pre-opening or prior to conducting a re-opening after a trading halt, or (2) if the NBBO is so wide as to not reflect an appropriate price for the respective options series. \6\ See Securities Exchange Act Release No. 75151 (June 11, 2015), 80 FR 34770 (June 17, 2015) (SR-NYSEMKT-2015-42). --------------------------------------------------------------------------- Because the Exchange has not yet implemented the Underlying Stock Price/Strike Price Check, the Exchange proposes to modify Commentary .01 to Rule 967.1NY to extend the March 4th Deadline to implement Rule 967.1NY(a)(2) and (3) until July 31, 2016. The Exchange has finalized the technology related to this aspect of the Rule and will be filing with the Commission a separate proposed rule change to modify the Rule as it relates to the Underlying Stock Price/Strike Price Check. The Exchange believes the proposed extension would provide the Exchange with sufficient time to review the proposed modifications with the Commission prior to implementing the rule, as modified. Finally, the Exchange believes that because the Underlying Stock Price/Strike Price Check is an approved rule of the Exchange, providing the Exchange with additional time to implement the Rule would ensure that [[Page 14918]] Market Makers and investors are afforded the opportunity to benefit from this price protection feature once it is implemented. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act,\7\ in general, and furthers the objectives of Section 6(b)(5),\8\ in particular, in that it is designed to promote just and equitable principles of trade, to 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). --------------------------------------------------------------------------- Specifically, the Exchange believes the proposal promotes just and equitable principles of trade and removes impediments to, and perfects the mechanism of, a free and open market and a national market system because an extension of the March 4th Deadline would enable the Exchange to implement the finalized technology related to the Underlying Stock Price/Strike Price Check. Moreover, the proposed extension would assist with the maintenance of a fair and orderly market and protect investors and the public interest because it would afford the Exchange additional time to file, and review, with the Commission a proposed modification of the Rule as it relates to the Underlying Stock Price/Strike Price Check prior to implementing the rule, as modified. Finally, the Exchange believes that because the Underlying Stock Price/Strike Price Check is an approved rule of the Exchange, providing the Exchange with additional time to implement the Rule would ensure that Market Makers and investors are afforded the opportunity to benefit from this price protection feature once it is implemented--even if in modified form. 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 rule change is not designed to address any competitive issues, but rather, to extend the deadline for implementing the Underlying Stock Price/Strike Price Check pending finalization of the technology associated with that feature. 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 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 \9\ and Rule 19b-4(f)(6) thereunder.\10\ --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A). \10\ 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 Commission has waived this requirement in this case. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally does not become operative for 30 days after the date of filing. However, pursuant to Rule 19b-4(f)(6)(iii),\12\ 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 proposal may become operative immediately upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest as it will allow the Exchange to immediately extend the implementation deadline for the Underlying Stock Price/Strike Price Check without delay and provide the Exchange additional time to implement the technology associated with such price protection. Accordingly, the Commission hereby waives the 30-day operative delay requirement and designates the proposed rule change as operative upon filing.\13\ --------------------------------------------------------------------------- \11\ 17 CFR 240.19b-4(f)(6). \12\ 17 CFR 240.19b-4(f)(6)(iii). \13\ 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 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 CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NYSEMKT-2016-36 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-NYSEMKT-2016-36. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal [[Page 14919]] identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEMKT-2016- 36, and should be submitted on or before April 8, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\14\ --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2016-06096 Filed 3-17-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Notices 14917
Number SR–NYSEArca–2016–39 on the SECURITIES AND EXCHANGE 2016. The current implementation
subject line. COMMISSION deadline is March 4, 2016.
In March 2015, the Commission
Paper Comments [Release No. 34–77356; File No. SR– approved Rule 967.1NY, which
NYSEMKT–2016–36]
provides a price protection risk
• Send paper comments in triplicate
Self-Regulatory Organizations; NYSE mechanism for Market Maker quotes.4
to Secretary, Securities and Exchange
MKT LLC; Notice of Filing and Rule 967.1NY provides two layers of
Commission, 100 F Street NE., price protection to incoming Market
Washington, DC 20549–1090. Immediate Effectiveness of Proposed
Rule Change To Extend the Deadline Maker quotes, rejecting those Market
All submissions should refer to File for Implementing Rule 967.1NY(a)(2) Maker quotes that exceed certain
Number SR–NYSEArca–2016–39. This and (3) parameters, as a risk mitigation tool.5
file number should be included on the The Exchange has implemented the first
subject line if email is used. To help the March 14, 2016. layer of price protection (the NBBO
Commission process and review your Pursuant to Section 19(b)(1) 1 of the Reasonability Check) and has until one
comments more efficiently, please use Securities Exchange Act of 1934 (the year from the date of the Approval
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Order to implement the second layer of
only one method. The Commission will
notice is hereby given that on March 4, protection (the Underlying Stock Price/
post all comments on the Commission’s 2016, NYSE MKT LLC (the ‘‘Exchange’’ Strike Price Check) pursuant to
Internet Web site (http://www.sec.gov/ or ‘‘NYSE MKT’’) filed with the Commentary .01 to Rule 967.1NY,
rules/sro.shtml). Copies of the Securities and Exchange Commission which is March 4, 2016 (the ‘‘March 4th
submission, all subsequent (the ‘‘Commission’’) the proposed rule Deadline’’).6
amendments, all written statements change as described in Items I and II Because the Exchange has not yet
with respect to the proposed rule below, which Items have been prepared implemented the Underlying Stock
change that are filed with the by the self-regulatory organization. The Price/Strike Price Check, the Exchange
Commission, and all written Commission is publishing this notice to proposes to modify Commentary .01 to
communications relating to the solicit comments on the proposed rule Rule 967.1NY to extend the March 4th
proposed rule change between the change from interested persons. Deadline to implement Rule
Commission and any person, other than 967.1NY(a)(2) and (3) until July 31,
I. Self-Regulatory Organization’s
those that may be withheld from the 2016. The Exchange has finalized the
Statement of the Terms of Substance of
public in accordance with the technology related to this aspect of the
the Proposed Rule Change
provisions of 5 U.S.C. 552, will be Rule and will be filing with the
available for Web site viewing and The Exchange proposes to extend the Commission a separate proposed rule
deadline for implementing Rule change to modify the Rule as it relates
printing in the Commission’s Public
967.1NY(a)(2) and (3) until July 31, to the Underlying Stock Price/Strike
Reference Room, 100 F Street NE.,
2016. The proposed rule change is Price Check. The Exchange believes the
Washington, DC 20549 on official available on the Exchange’s Web site at proposed extension would provide the
business days between the hours of www.nyse.com, at the principal office of Exchange with sufficient time to review
10:00 a.m. and 3:00 p.m. Copies of the the Exchange, and at the Commission’s the proposed modifications with the
filing also will be available for Public Reference Room. Commission prior to implementing the
inspection and copying at the principal rule, as modified.
office of the Exchange. All comments II. Self-Regulatory Organization’s
Finally, the Exchange believes that
received will be posted without change; Statement of the Purpose of, and
because the Underlying Stock Price/
the Commission does not edit personal Statutory Basis for, the Proposed Rule
Strike Price Check is an approved rule
identifying information from Change
of the Exchange, providing the
submissions. You should submit only In its filing with the Commission, the Exchange with additional time to
information that you wish to make self-regulatory organization included implement the Rule would ensure that
available publicly. All submissions statements concerning the purpose of,
should refer to File Number SR– and basis for, the proposed rule change 4 See Securities Exchange Act Release No. 74440
NYSEArca–2016–39 and should be and discussed any comments it received (March 4, 2015), 80 FR 12687 (March 10, 2015) (SR–
on the proposed rule change. The text NYSEMKT–2014–116) (Approval Order); see also
submitted on or before April 8, 2016. Securities Exchange Act Release No. 74017 (January
of those statements may be examined at 8, 2015), 80 FR 1979 (January 14, 2015) (SR–
For the Commission, by the Division of the places specified in Item IV below. NYSEMKT–2014–116) (Notice).
Trading and Markets, pursuant to delegated The Exchange has prepared summaries, 5 The first layer of price protection assesses
authority.12 set forth in sections A, B, and C below, incoming sell quotes against the NBB and incoming
Robert W. Errett, buy quotes against the NBO (the ‘‘NBBO Price
of the most significant parts of such Reasonability Check’’). Specifically, per Rule
Deputy Secretary. statements. 967.1NY(a)(1), provided that an NBBO is available,
[FR Doc. 2016–06088 Filed 3–17–16; 8:45 am] a Market Maker quote would be rejected if it is
A. Self-Regulatory Organization’s priced a specified dollar amount or percentage
BILLING CODE 8011–01–P Statement of the Purpose of, and the through the contra-side NBBO. The second layer of
Statutory Basis for, the Proposed Rule price protection assesses the price of call or put
bids against a specified benchmark (the
Change ‘‘Underlying Stock Price/Strike Price Check’’), per
asabaliauskas on DSK3SPTVN1PROD with NOTICES
1. Purpose Rule 967.1NY(a)(2) and (3). This second layer of
protection applies to bids in call options or put
The Exchange is proposing to extend options when (1) there is no NBBO available, for
the deadline for implementing Rule example, during pre-opening or prior to conducting
a re-opening after a trading halt, or (2) if the NBBO
967.1NY(a)(2) and (3) until July 31, is so wide as to not reflect an appropriate price for
the respective options series.
1 15 U.S.C. 78s(b)(1). 6 See Securities Exchange Act Release No. 75151
2 15 U.S.C. 78a. (June 11, 2015), 80 FR 34770 (June 17, 2015) (SR–
12 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. NYSEMKT–2015–42).
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![Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Notices 14919
identifying information from www.msrb.org/Rules-and- transactions that are not at a discount
submissions. Interpretations/SEC-Filings/2016- from the list offering price;
You should submit only information Filings.aspx, at the MSRB’s principal • eliminating the requirement for
that you wish to make available office, and at the Commission’s Public dealers to report yield on customer trade
publicly. All submissions should refer Reference Room. reports and, instead, enabling the MSRB
to File Number SR–NYSEMKT–2016– to calculate and disseminate yield on
36, and should be submitted on or II. Self-Regulatory Organization’s customer trades;
before April 8, 2016. Statement of the Purpose of, and • establishing a new indicator for
Statutory Basis for, the Proposed Rule customer trades involving non-
For the Commission, by the Division of Change
Trading and Markets, pursuant to delegated transaction-based compensation
authority.14 In its filing with the Commission, the arrangements; and
Robert W. Errett, MSRB included statements concerning • establishing a new indicator for
Deputy Secretary. the purpose of and basis for the alternative trading system (‘‘ATS’’)
proposed rule change and discussed any transactions.
[FR Doc. 2016–06096 Filed 3–17–16; 8:45 am]
comments it received on the proposed The Financial Industry Regulatory
BILLING CODE 8011–01–P
rule change. The text of these statements Authority (‘‘FINRA’’) obtained
may be examined at the places specified Commission approval to make similar
in Item IV below. The MSRB has changes to the post-trade reporting
SECURITIES AND EXCHANGE
prepared summaries, set forth in requirements for its members with
COMMISSION
Sections A, B, and C below, of the most respect to securities eligible for FINRA’s
[Release No. 34–77366; File No. SR–MSRB–
significant aspects of such statements. Trade Reporting and Compliance Engine
2016–05] (‘‘TRACE’’).5 These similar FINRA
A. Self-Regulatory Organization’s requirements were also set to take effect
Self-Regulatory Organizations; Statement of the Purpose of, and on May 23, 2016, which FINRA believed
Municipal Securities Rulemaking Statutory Basis for, the Proposed Rule (at the time it proposed its rule change)
Board; Notice of Filing and Immediate Change would be sufficient lead-time for its
Effectiveness of a Proposed Rule members to facilitate planning and
Change To Revise an Effective Date of 1. Purpose
scheduling of necessary technological
Several Previously-Approved The MSRB proposes to revise the changes, but it recently extended the
Amendments to Rule G–14, on effective date of amendments to Rule G– effective date to be July 18, 2016. FINRA
Transaction Reporting 14. On May 22, 2015, the Commission provided the extension to provide
March 14, 2016. approved the amendments with a year- members additional time to complete
Pursuant to Section 19(b)(1) of the long implementation period and an systems changes necessary to comply
Securities Exchange Act of 1934 (the effective date of May 23, 2016.4 Rule G– with the reporting requirements.6
‘‘Act’’ or ‘‘Exchange Act’’) 1 and Rule 14 requires dealers to report all In setting an effective date of May 23,
19b–4 thereunder,2 notice is hereby executed transactions in most municipal 2016, one year from the date of
given that on March 2, 2016, the securities to the MSRB’s Real-Time Commission approval of the
Municipal Securities Rulemaking Board Transaction Reporting System (‘‘RTRS’’) amendments to Rule G–14, the MSRB
(the ‘‘MSRB’’ or ‘‘Board’’) filed with the within 15 minutes of the time of trade, intended to provide sufficient time for
Securities and Exchange Commission with limited exceptions. RTRS serves brokers, dealers and municipal
(the ‘‘Commission’’ or ‘‘SEC’’) the the dual objectives of price transparency securities dealers (collectively,
proposed rule change as described in and market surveillance. Because a ‘‘dealers’’), and subscribers, to
Items I, II, and III below, which Items comprehensive database of transactions undertake programming changes related
have been prepared by the MSRB. The is needed for the surveillance function to the amendments, as well as to
Commission is publishing this notice to of RTRS, Rule G–14, with limited provide an adequate testing period for
solicit comments on the proposed rule exceptions, requires dealers to report all dealers and subscribers that interface
change from interested persons. of their purchase-sale transactions to with RTRS. While the MSRB believes
RTRS, not only those that qualify for that one year was a sufficient amount of
I. Self-Regulatory Organization’s public dissemination to serve the time for dealers and subscribers to make
Statement of the Terms of Substance of transparency function of the system. the programming changes necessary to
the Proposed Rule Change The MSRB makes transaction data comply with the amendments to Rule
The MSRB filed with the Commission available to the general public through G–14, it believes that harmonization
a proposed rule change to revise the the Electronic Municipal Market Access with the implementation of similar
May 23, 2016, effective date of several (EMMA®) Web site at no cost, and FINRA reporting requirements will
previously-approved amendments to disseminates such data through paid
Rule G–14, on transaction reporting subscription services to market data 5 See FINRA Rules 6730 and 6732; Exchange Act
(‘‘proposed rule change’’).3 The MSRB vendors, institutional market Release No. 76176 (Oct. 16, 2015), 80 FR 64039
(Oct. 22, 2015) (SR–FINRA–2015–026) (requiring
has designated the proposed rule change participants and others that subscribe to the reporting of an indicator when a TRACE report
for immediate effectiveness. The new the data feed. does not reflect a commission or mark-up/mark-
effective date of the amendments to The amendments to Rule G–14 down); Exchange Act Release No. 76677 (Dec. 17,
Rule G–14 will be July 18, 2016. 2015), 80 FR 79966 (Dec. 23, 2015) (SR–FINRA–
asabaliauskas on DSK3SPTVN1PROD with NOTICES
enhance the post-trade price
The text of the proposed rule change 2015–055) (providing FINRA with authority to grant
transparency information provided exemptions from TRACE reporting requirements for
is available on the MSRB’s Web site at through RTRS by: certain ATS transactions, and requiring the
• Expanding the application of the reporting of the identity of the ATS on which an
14 17 CFR 200.30–3(a)(12). existing list offering price and takedown exempted trade occurs). See also https://
1 15 U.S.C. 78s(b)(1). www.finra.org/industry/trace/trace-reporting-and-
2 17 CFR 240.19b–4.
indicator to cases involving distribution dissemination-no-remuneration-trades-and-ats.
3 See Exchange Act Release No. 75039 (May 22, participant dealers and takedown 6 See Exchange Act Release No. 77015 (Feb. 2,
2015), 80 FR 31084 (June 1, 2015) (SR–MSRB– 2016), 81 FR 6555 (Feb. 8, 2016) (SR–FINRA–2016–
2015–02). 4 Id. 003).
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Document Created: 2018-02-02 15:14:16
Document Modified: 2018-02-02 15:14:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 81 FR 14917 |
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