81_FR_1676 81 FR 1668 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 132.30(9) To Conform the Exchange's Rules to Industry-Wide Standards for Recording the Capacity in Which a Member Organization Executes a Transaction

81 FR 1668 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 132.30(9) To Conform the Exchange's Rules to Industry-Wide Standards for Recording the Capacity in Which a Member Organization Executes a Transaction

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 8 (January 13, 2016)

Page Range1668-1670
FR Document2016-00463

Federal Register, Volume 81 Issue 8 (Wednesday, January 13, 2016)
[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1668-1670]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00463]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76845; File No. SR-NYSE-2016-07]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Rule 132.30(9) To Conform the Exchange's Rules to Industry-Wide 
Standards for Recording the Capacity in Which a Member Organization 
Executes a Transaction

January 7, 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 January 4, 2016, New York Stock Exchange LLC (``NYSE'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I, 
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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 Rule 132.30(9) to conform the 
Exchange's rules to industry-wide standards for the recording the 
capacity in which a member organization executes a transaction. The 
proposed rule change is available on the Exchange's Web site at 
www.nyse.com, at the principal office of the Exchange, and at the 
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Supplementary Material .30 of Rule 
132 to conform the Exchange's rules to industry-wide standards for 
recording the capacity in which a member organization executes a 
transaction. To effect this change, the Exchange would eliminate the 
current requirement to identify the account for which an order was 
executed and require instead that clearing members and member 
organizations submit account type indicators (``ATI'') reflecting the 
capacity in which the member organization executed a transaction (e.g., 
agency, principal or riskless principal). The Exchange believes that 
the proposed rule change would align the Exchange's rules with 
industry-wide conventions focusing on the capacity in which a broker-
dealer acts in effecting a transaction and, by eliminating the complex 
set of ATIs developed over the years, significantly simplify order 
entry on the Exchange.
Background
    Rule 132 requires clearing member organizations submitting 
transactions to comparison to include the audit trail data elements set 
forth in Supplementary Material .30. Rule 132.30(9) requires that all 
orders submitted to the Exchange include specified trade data elements, 
including ``[w]hether the account for which the order was executed was 
that of a member or member organization or of a non-member or non-
member organization.'' The Exchange has periodically published guidance 
regarding the ATIs that can be used to satisfy this requirement.\4\
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    \4\ See, e.g., Information Memos 85-37 (Nov. 12, 1985); 88-29 
(Oct. 19, 1988); 92-34 (Nov. 13, 1992); 96-36 (Dec. 5, 1996); 02-59 
(Dec. 17, 2002); 09-31 (June 24, 2009); 12-25 (October 9, 2012); 14-
04 (January 30, 2014). The current list contains 24 distinct ATIs.
---------------------------------------------------------------------------

    ATIs are included as part of the audit trail data reported for each 
transaction on the Exchange. The Exchange also uses ATIs to capture 
program trade information for those portions of the program trades that 
are submitted to and executed on the Exchange.\5\ Since 2009, the 
Exchange has used ATI data to report program trading statistics for 
portions of program trades executed on the Exchange to the Commission 
on a weekly basis.\6\
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    \5\ Prior to 2009, member organizations reported program trading 
activity to the Exchange via the Daily Program Trading Report 
(``DPTR''). See Securities Exchange Act Release No. 60179 (June 26, 
2009), 74 FR 31786, 31786 (July 2, 2009) (SR-NYSE-2009-61). The DPTR 
requirement was decommissioned in July 2009. See id. at 31787.
    \6\ See id. Since the decommissioning of DPTR in 2009, weekly 
statistics regarding program trades the Exchange provides to media 
outlets have also been derived from ATI data. Id.
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Proposed Rule Change
    The Exchange proposes to amend the current requirement in 
subsection (9) of Rule 132.30 that clearing member organizations 
identify whether the account for which an order was executed was that 
of a member or member organization or of a non-member or non-member 
organization. The current requirement can be satisfied by entering the 
appropriate ATI from a list of ATIs that have evolved over the past 30 
years.\7\
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    \7\ See note 4, supra.
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    In place of this cumbersome process, the Exchange proposes to 
require member organizations to identify the capacity in which the 
member organization executed the transaction as follows: Agency, 
principal or riskless principal.\8\ The ``principal'' category would 
include proprietary trades by a member on the trading Floor relating to 
the member's error account pursuant to Rule 134.\9\
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    \8\ In general, the term ``capacity'' refers to whether a 
broker-dealer acts as agent, i.e., directly on behalf of a customer, 
or whether the broker-dealer acts as principal, i.e., for its own 
account, in a transaction. A riskless principal transaction is one 
where a broker-dealer receives a customer order and then immediately 
executes an identical order in the marketplace, while taking on the 
role of principal, in order to fill the customer order pursuant to 
Rule 5320.
    \9\ Rule 134 requires a member or member organization who 
acquires or assumes a security position resulting from an error 
transaction to clear such error transaction in the member's or 
member organization's error account, or in the error account 
established for a group of members. Rule 123.22 further requires 
members to enter orders executed to offset transactions made in 
error into an electronic system and sends a copy of such order to an 
electronic system on the Floor within 60 seconds of execution. See 
also Rule 123(e) (defining system entry). This type of proprietary 
trade is currently identified by the ``Q'' account type indicator, 
which would be retained to identify these trading Floor-based 
executions.
---------------------------------------------------------------------------

    By requiring member organizations to identify the capacity in which 
a broker-dealer enters an order, the Exchange would be harmonizing its 
order entry requirements with those of other

[[Page 1669]]

national securities exchanges.\10\ The proposed change would also 
simplify the order entry process at the Exchange and eliminate the 
requirement for member organizations to use order entry requirements 
unique to the Exchange, thereby reducing complexity in the marketplace. 
This proposed amendment would not alter a member organization's 
obligation to meet order audit trail system requirements, as set forth 
in the Rule 7400 Series.
---------------------------------------------------------------------------

    \10\ See, e.g., BATS Exchange, Inc. (``BATS'') Rule 11.21; BATS 
Y-Exchange, Inc. (``BATS-Y'') Rule 11.21; EDGA Exchange, Inc. 
(``EDGA'') Rule 11.5; EDGX Exchange, Inc. Rule 11.5; and NASDAQ 
Stock Market LLC (``NASDAQ'') Rule 4611(a)(6).
---------------------------------------------------------------------------

    In connection with this proposed rule change, the Exchange proposes 
to retire the unique ATIs used to capture program trading 
information.\11\ The Exchange currently uses program trading ATIs to 
capture program trading information in order to provide weekly 
statistics regarding program trading to both the Commission and the 
public. However, no other national securities exchange either captures 
program trading information in the same manner or has an obligation to 
report weekly statistics regarding program trading. Given the 
fragmentation in the equities market, the Exchange believes that the 
statistics published by the Exchange regarding program trading are 
incomplete and potentially misleading regarding the scope of program 
trading occurring in equities markets. Accordingly, the Exchange 
believes it would benefit investors and the public for the Exchange to 
cease publishing program trading information, because such information 
is no longer representative of program trading in the equities market 
and could cause confusion regarding the true scope of program trading 
in the U.S. equities markets.
---------------------------------------------------------------------------

    \11\ ``Program Trading'' means either (1) index arbitrage, or 
(2) any trading strategy involving the related purchase or sale of a 
basket or group of 15 or more stocks. See Rule 7410(m).
---------------------------------------------------------------------------

    The Exchange will publish an Information Memo advising member 
organizations of the proposed change that will provide guidance of 
which ATIs should be submitted in connection with agency, principal, or 
riskless principal capacity.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\12\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\13\ in particular, because it 
is designed to promote just and equitable principles of trade and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system. The Exchange believes that the 
proposed rule change would remove impediments to and perfect the 
mechanism of a free and open market and national market system because 
it would provide greater harmonization between order entry on the 
Exchange and other marketplaces, resulting in greater uniformity and 
more efficient order entry to enable member organizations to use the 
same order-market conventions across all equities markets. As such, the 
proposed rule change would foster cooperation and coordination with 
persons engaged in facilitating transactions in securities and would 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system. In addition, the Exchange believes 
that the proposed change to cease providing program trading statistics 
to the Commission and the public based on current ATIs would benefit 
investors and the public because no other market provides similar 
statistics regarding program trading on their markets. Because of the 
fragmentation of trading in the equities market, the Exchange believes 
that the proposed change would eliminate a source of incomplete 
information about program trading that could potentially be misleading 
regarding the scope of program trading in the U.S. equities markets.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 intended to address competitive issues, but rather it is designed 
to provide greater harmonization between Exchange and other markets in 
the marking of orders, resulting in less burdensome and more efficient 
order entry.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\17\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \18\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSE-2016-07 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-NYSE-2016-07. This file

[[Page 1670]]

number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSE-2016-07and should be 
submitted on or before February 3, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-00463 Filed 1-12-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    1668                           Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices

                                                      For the Commission, by the Division of                and discussed any comments it received                 program trades that are submitted to and
                                                    Trading and Markets, pursuant to delegated              on the proposed rule change. The text                  executed on the Exchange.5 Since 2009,
                                                    authority.15                                            of those statements may be examined at                 the Exchange has used ATI data to
                                                    Robert W. Errett,                                       the places specified in Item IV below.                 report program trading statistics for
                                                    Deputy Secretary.                                       The Exchange has prepared summaries,                   portions of program trades executed on
                                                    [FR Doc. 2016–00465 Filed 1–12–16; 8:45 am]             set forth in sections A, B, and C below,               the Exchange to the Commission on a
                                                    BILLING CODE 8011–01–P                                  of the most significant parts of such                  weekly basis.6
                                                                                                            statements.
                                                                                                                                                                   Proposed Rule Change
                                                    SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s                         The Exchange proposes to amend the
                                                    COMMISSION                                              Statement of the Purpose of, and the                   current requirement in subsection (9) of
                                                                                                            Statutory Basis for, the Proposed Rule                 Rule 132.30 that clearing member
                                                    [Release No. 34–76845; File No. SR–NYSE–                Change
                                                    2016–07]                                                                                                       organizations identify whether the
                                                                                                            1. Purpose                                             account for which an order was
                                                    Self-Regulatory Organizations; New                                                                             executed was that of a member or
                                                                                                               The Exchange proposes to amend
                                                    York Stock Exchange LLC; Notice of                                                                             member organization or of a non-
                                                                                                            Supplementary Material .30 of Rule 132
                                                    Filing and Immediate Effectiveness of                                                                          member or non-member organization.
                                                                                                            to conform the Exchange’s rules to
                                                    Proposed Rule Change To Amend Rule                                                                             The current requirement can be satisfied
                                                                                                            industry-wide standards for recording
                                                    132.30(9) To Conform the Exchange’s                                                                            by entering the appropriate ATI from a
                                                                                                            the capacity in which a member
                                                    Rules to Industry-Wide Standards for                                                                           list of ATIs that have evolved over the
                                                                                                            organization executes a transaction. To
                                                    Recording the Capacity in Which a                                                                              past 30 years.7
                                                                                                            effect this change, the Exchange would
                                                    Member Organization Executes a                                                                                    In place of this cumbersome process,
                                                                                                            eliminate the current requirement to
                                                    Transaction                                                                                                    the Exchange proposes to require
                                                                                                            identify the account for which an order
                                                                                                                                                                   member organizations to identify the
                                                    January 7, 2016.                                        was executed and require instead that
                                                                                                                                                                   capacity in which the member
                                                       Pursuant to Section 19(b)(1) 1 of the                clearing members and member
                                                                                                                                                                   organization executed the transaction as
                                                    Securities Exchange Act of 1934 (the                    organizations submit account type
                                                                                                                                                                   follows: Agency, principal or riskless
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  indicators (‘‘ATI’’) reflecting the
                                                                                                                                                                   principal.8 The ‘‘principal’’ category
                                                    notice is hereby given that on January 4,               capacity in which the member
                                                                                                                                                                   would include proprietary trades by a
                                                    2016, New York Stock Exchange LLC                       organization executed a transaction
                                                                                                                                                                   member on the trading Floor relating to
                                                    (‘‘NYSE’’ or the ‘‘Exchange’’) filed with               (e.g., agency, principal or riskless
                                                                                                                                                                   the member’s error account pursuant to
                                                    the Securities and Exchange                             principal). The Exchange believes that
                                                                                                                                                                   Rule 134.9
                                                    Commission (the ‘‘Commission’’) the                     the proposed rule change would align
                                                                                                                                                                      By requiring member organizations to
                                                    proposed rule change as described in                    the Exchange’s rules with industry-wide
                                                                                                                                                                   identify the capacity in which a broker-
                                                    Items I, II, and III below, which Items                 conventions focusing on the capacity in
                                                                                                                                                                   dealer enters an order, the Exchange
                                                    have been prepared by the self-                         which a broker-dealer acts in effecting a
                                                                                                                                                                   would be harmonizing its order entry
                                                    regulatory organization. The                            transaction and, by eliminating the
                                                                                                                                                                   requirements with those of other
                                                    Commission is publishing this notice to                 complex set of ATIs developed over the
                                                    solicit comments on the proposed rule                   years, significantly simplify order entry                 5 Prior to 2009, member organizations reported

                                                    change from interested persons.                         on the Exchange.                                       program trading activity to the Exchange via the
                                                                                                            Background                                             Daily Program Trading Report (‘‘DPTR’’). See
                                                    I. Self-Regulatory Organization’s                                                                              Securities Exchange Act Release No. 60179 (June
                                                    Statement of the Terms of Substance of                     Rule 132 requires clearing member                   26, 2009), 74 FR 31786, 31786 (July 2, 2009) (SR–
                                                    the Proposed Rule Change                                organizations submitting transactions to               NYSE–2009–61). The DPTR requirement was
                                                                                                                                                                   decommissioned in July 2009. See id. at 31787.
                                                       The Exchange proposes to amend                       comparison to include the audit trail                     6 See id. Since the decommissioning of DPTR in

                                                    Rule 132.30(9) to conform the                           data elements set forth in                             2009, weekly statistics regarding program trades the
                                                    Exchange’s rules to industry-wide                       Supplementary Material .30. Rule                       Exchange provides to media outlets have also been
                                                                                                            132.30(9) requires that all orders                     derived from ATI data. Id.
                                                    standards for the recording the capacity                                                                          7 See note 4, supra.
                                                    in which a member organization                          submitted to the Exchange include                         8 In general, the term ‘‘capacity’’ refers to whether

                                                    executes a transaction. The proposed                    specified trade data elements, including               a broker-dealer acts as agent, i.e., directly on behalf
                                                    rule change is available on the                         ‘‘[w]hether the account for which the                  of a customer, or whether the broker-dealer acts as
                                                    Exchange’s Web site at www.nyse.com,                    order was executed was that of a                       principal, i.e., for its own account, in a transaction.
                                                                                                            member or member organization or of a                  A riskless principal transaction is one where a
                                                    at the principal office of the Exchange,                                                                       broker-dealer receives a customer order and then
                                                    and at the Commission’s Public                          non-member or non-member                               immediately executes an identical order in the
                                                    Reference Room.                                         organization.’’ The Exchange has                       marketplace, while taking on the role of principal,
                                                                                                            periodically published guidance                        in order to fill the customer order pursuant to Rule
                                                    II. Self-Regulatory Organization’s                      regarding the ATIs that can be used to                 5320.
                                                                                                                                                                      9 Rule 134 requires a member or member
                                                    Statement of the Purpose of, and                        satisfy this requirement.4
                                                                                                                                                                   organization who acquires or assumes a security
                                                    Statutory Basis for, the Proposed Rule                     ATIs are included as part of the audit              position resulting from an error transaction to clear
                                                    Change                                                  trail data reported for each transaction               such error transaction in the member’s or member
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      In its filing with the Commission, the                on the Exchange. The Exchange also                     organization’s error account, or in the error account
                                                                                                            uses ATIs to capture program trade                     established for a group of members. Rule 123.22
                                                    self-regulatory organization included                                                                          further requires members to enter orders executed
                                                    statements concerning the purpose of,                   information for those portions of the                  to offset transactions made in error into an
                                                    and basis for, the proposed rule change                                                                        electronic system and sends a copy of such order
                                                                                                               4 See, e.g., Information Memos 85–37 (Nov. 12,      to an electronic system on the Floor within 60
                                                      15 17
                                                                                                            1985); 88–29 (Oct. 19, 1988); 92–34 (Nov. 13, 1992);   seconds of execution. See also Rule 123(e) (defining
                                                            CFR 200.30–3(a)(12).                            96–36 (Dec. 5, 1996); 02–59 (Dec. 17, 2002); 09–31     system entry). This type of proprietary trade is
                                                      1 15 U.S.C.78s(b)(1).
                                                                                                            (June 24, 2009); 12–25 (October 9, 2012); 14–04        currently identified by the ‘‘Q’’ account type
                                                      2 15 U.S.C. 78a.
                                                                                                            (January 30, 2014). The current list contains 24       indicator, which would be retained to identify these
                                                      3 17 CFR 240.19b–4.                                   distinct ATIs.                                         trading Floor-based executions.



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                                                                                 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices                                             1669

                                                    national securities exchanges.10 The                    impediments to and perfect the                         19(b)(3)(A)(iii) of the Act 14 and Rule
                                                    proposed change would also simplify                     mechanism of a free and open market                    19b–4(f)(6) thereunder.15 Because the
                                                    the order entry process at the Exchange                 and a national market system. The                      proposed rule change does not: (i)
                                                    and eliminate the requirement for                       Exchange believes that the proposed                    Significantly affect the protection of
                                                    member organizations to use order entry                 rule change would remove impediments                   investors or the public interest; (ii)
                                                    requirements unique to the Exchange,                    to and perfect the mechanism of a free                 impose any significant burden on
                                                    thereby reducing complexity in the                      and open market and national market                    competition; and (iii) become operative
                                                    marketplace. This proposed amendment                    system because it would provide greater                prior to 30 days from the date on which
                                                    would not alter a member organization’s                 harmonization between order entry on                   it was filed, or such shorter time as the
                                                    obligation to meet order audit trail                    the Exchange and other marketplaces,                   Commission may designate, if
                                                    system requirements, as set forth in the                resulting in greater uniformity and more               consistent with the protection of
                                                    Rule 7400 Series.                                       efficient order entry to enable member                 investors and the public interest, the
                                                       In connection with this proposed rule                organizations to use the same order-                   proposed rule change has become
                                                    change, the Exchange proposes to retire                 market conventions across all equities                 effective pursuant to Section 19(b)(3)(A)
                                                    the unique ATIs used to capture                         markets. As such, the proposed rule                    of the Act and Rule 19b–4(f)(6)(iii)
                                                    program trading information.11 The                      change would foster cooperation and                    thereunder.
                                                    Exchange currently uses program                         coordination with persons engaged in                      A proposed rule change filed under
                                                    trading ATIs to capture program trading                 facilitating transactions in securities and            Rule 19b–4(f)(6) 16 normally does not
                                                    information in order to provide weekly                  would remove impediments to and                        become operative prior to 30 days after
                                                    statistics regarding program trading to                 perfect the mechanism of a free and                    the date of the filing. However, pursuant
                                                    both the Commission and the public.                     open market and a national market                      to Rule 19b4(f)(6)(iii),17 the Commission
                                                    However, no other national securities                   system. In addition, the Exchange                      may designate a shorter time if such
                                                    exchange either captures program                        believes that the proposed change to                   action is consistent with the protection
                                                    trading information in the same manner                  cease providing program trading                        of investors and the public interest.
                                                    or has an obligation to report weekly                                                                             At any time within 60 days of the
                                                                                                            statistics to the Commission and the
                                                    statistics regarding program trading.                                                                          filing of such proposed rule change, the
                                                                                                            public based on current ATIs would
                                                    Given the fragmentation in the equities                                                                        Commission summarily may
                                                                                                            benefit investors and the public because
                                                    market, the Exchange believes that the                                                                         temporarily suspend such rule change if
                                                                                                            no other market provides similar
                                                    statistics published by the Exchange                                                                           it appears to the Commission that such
                                                                                                            statistics regarding program trading on
                                                    regarding program trading are                                                                                  action is necessary or appropriate in the
                                                                                                            their markets. Because of the
                                                    incomplete and potentially misleading                                                                          public interest, for the protection of
                                                                                                            fragmentation of trading in the equities
                                                    regarding the scope of program trading                                                                         investors, or otherwise in furtherance of
                                                                                                            market, the Exchange believes that the                 the purposes of the Act. If the
                                                    occurring in equities markets.
                                                                                                            proposed change would eliminate a                      Commission takes such action, the
                                                    Accordingly, the Exchange believes it
                                                                                                            source of incomplete information about                 Commission shall institute proceedings
                                                    would benefit investors and the public
                                                                                                            program trading that could potentially                 under Section 19(b)(2)(B) 18 of the Act to
                                                    for the Exchange to cease publishing
                                                                                                            be misleading regarding the scope of                   determine whether the proposed rule
                                                    program trading information, because
                                                                                                            program trading in the U.S. equities                   change should be approved or
                                                    such information is no longer
                                                                                                            markets.                                               disapproved.
                                                    representative of program trading in the
                                                    equities market and could cause                         B. Self-Regulatory Organization’s                      IV. Solicitation of Comments
                                                    confusion regarding the true scope of                   Statement on Burden on Competition
                                                    program trading in the U.S. equities                                                                             Interested persons are invited to
                                                    markets.                                                   The Exchange does not believe that                  submit written data, views, and
                                                       The Exchange will publish an                         the proposed rule change will impose                   arguments concerning the foregoing,
                                                    Information Memo advising member                        any burden on competition that is not                  including whether the proposed rule
                                                    organizations of the proposed change                    necessary or appropriate in furtherance                change is consistent with the Act.
                                                    that will provide guidance of which                     of the purposes of the Act. The                        Comments may be submitted by any of
                                                    ATIs should be submitted in connection                  proposed rule change is not intended to                the following methods:
                                                    with agency, principal, or riskless                     address competitive issues, but rather it              Electronic Comments
                                                    principal capacity.                                     is designed to provide greater
                                                                                                            harmonization between Exchange and                       • Use the Commission’s Internet
                                                    2. Statutory Basis                                                                                             comment form (http://www.sec.gov/
                                                                                                            other markets in the marking of orders,
                                                       The Exchange believes that the                       resulting in less burdensome and more                  rules/sro.shtml); or
                                                    proposed rule change is consistent with                                                                          • Send an email to rule-comments@
                                                                                                            efficient order entry.
                                                    Section 6(b) of the Act,12 in general, and                                                                     sec.gov. Please include File Number SR–
                                                    furthers the objectives of Section 6(b)(5)              C. Self-Regulatory Organization’s                      NYSE–2016–07 on the subject line.
                                                    of the Act,13 in particular, because it is              Statement on Comments on the                           Paper Comments
                                                    designed to promote just and equitable                  Proposed Rule Change Received From
                                                    principles of trade and to remove                       Members, Participants, or Others                         • Send paper comments in triplicate
                                                                                                                                                                   to Brent J. Fields, Secretary, Securities
                                                      10 See, e.g., BATS Exchange, Inc. (‘‘BATS’’) Rule       No written comments were solicited                   and Exchange Commission, 100 F Street
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                                                    11.21; BATS Y-Exchange, Inc. (‘‘BATS–Y’’) Rule          or received with respect to the proposed               NE., Washington, DC 20549–1090.
                                                    11.21; EDGA Exchange, Inc. (‘‘EDGA’’) Rule 11.5;        rule change.                                           All submissions should refer to File
                                                    EDGX Exchange, Inc. Rule 11.5; and NASDAQ
                                                                                                                                                                   Number SR–NYSE–2016–07. This file
                                                    Stock Market LLC (‘‘NASDAQ’’) Rule 4611(a)(6).          III. Date of Effectiveness of the
                                                      11 ‘‘Program Trading’’ means either (1) index
                                                                                                            Proposed Rule Change and Timing for                      14 15 U.S.C. 78s(b)(3)(A)(iii).
                                                    arbitrage, or (2) any trading strategy involving the
                                                    related purchase or sale of a basket or group of 15     Commission Action                                        15 17 CFR 240.19b–4(f)(6).
                                                    or more stocks. See Rule 7410(m).                                                                                16 17 CFR 240.19b–4(f)(6).
                                                      12 15 U.S.C. 78f(b).                                    The Exchange has filed the proposed                    17 17 CFR 240.19b–4(f)(6)(iii).
                                                      13 15 U.S.C. 78f(b)(5).                               rule change pursuant to Section                          18 15 U.S.C. 78s(b)(2)(B).




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                                                    1670                             Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices

                                                    number should be included on the                          Exchange Commission (‘‘Commission’’),                  SECURITIES AND EXCHANGE
                                                    subject line if email is used. To help the                pursuant to Section 19(b)(1) of the                    COMMISSION
                                                    Commission process and review your                        Securities Exchange Act of 1934
                                                                                                                                                                     [Release No. 34–76854; File No. SR–FINRA–
                                                    comments more efficiently, please use                     (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a              2015–48]
                                                    only one method. The Commission will                      proposed rule change to adopt FINRA
                                                    post all comments on the Commission’s                     Rule 6191(a) to implement the quoting                  Self-Regulatory Organizations;
                                                    Internet Web site (http://www.sec.gov/                    and trading requirements of the Plan to                Financial Industry Regulatory
                                                    rules/sro.shtml). Copies of the                           Implement a Tick Size Pilot Program.3                  Authority, Inc.; Notice of Designation
                                                    submission, all subsequent                                The proposed rule change was                           of Longer Period for Commission
                                                    amendments, all written statements                        published for comment in the Federal                   Action on a Proposed Rule Change To
                                                    with respect to the proposed rule                         Register on November 25, 2015.4 The                    Establish Rules To Adopt FINRA Rule
                                                    change that are filed with the                            Commission has received two comment                    6191(b) and Amend FINRA Rule 7440
                                                    Commission, and all written                               letters on the proposal.5                              To Implement the Data Collection
                                                    communications relating to the                               Section 19(b)(2) of the Act 6 provides              Requirements of the Plan To
                                                    proposed rule change between the                          that, within 45 days of the publication                Implement a Tick Size Pilot Program
                                                    Commission and any person, other than                     of the notice of the filing of a proposed
                                                    those that may be withheld from the                                                                              January 7, 2016.
                                                                                                              rule change, or within such longer                        On November 13, 2015, the Financial
                                                    public in accordance with the                             period up to 90 days as the Commission
                                                    provisions of 5 U.S.C. 552, will be                                                                              Industry Regulatory Authority, Inc.
                                                                                                              may designate if it finds such longer                  (‘‘FINRA’’) filed with the Securities and
                                                    available for Web site viewing and                        period to be appropriate and publishes
                                                    printing in the Commission’s Public                                                                              Exchange Commission (‘‘Commission’’),
                                                                                                              its reasons for so finding or as to which              pursuant to Section 19(b)(1) of the
                                                    Reference Room, 100 F Street NE.,                         the self-regulatory organization
                                                    Washington, DC 20549 on official                                                                                 Securities Exchange Act of 1934
                                                                                                              consents, the Commission shall either                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
                                                    business days between the hours of                        approve the proposed rule change,
                                                    10:00 a.m. and 3:00 p.m. Copies of the                                                                           proposed rule change to adopt FINRA
                                                                                                              disapprove the proposed rule change, or                Rule 6191(b) and amend FINRA Rule
                                                    filing also will be available for                         institute proceedings to determine
                                                    inspection and copying at the principal                                                                          7440 to implement the data collection
                                                                                                              whether the proposed rule change                       requirements of the Plan to Implement
                                                    office of the Exchange. All comments                      should be disapproved. The 45th day for
                                                    received will be posted without change;                                                                          a Tick Size Pilot Program.3 The
                                                                                                              this filing is January 9, 2016.                        proposed rule change was published for
                                                    the Commission does not edit personal
                                                    identifying information from                                 The Commission is extending this 45-                comment in the Federal Register on
                                                    submissions. You should submit only                       day time period. The Commission finds                  November 25, 2015.4 The Commission
                                                    information that you wish to make                         that it is appropriate to designate a                  has received two comment letters on the
                                                                                                              longer period within which to take                     proposal.5
                                                    available publicly. All submissions
                                                                                                              action on the proposed rule change so                     Section 19(b)(2) of the Act 6 provides
                                                    should refer to File Number SR–NYSE–
                                                                                                              that it has sufficient time to consider the            that, within 45 days of the publication
                                                    2016–07and should be submitted on or                                                                             of the notice of the filing of a proposed
                                                    before February 3, 2016.                                  proposal.
                                                                                                                                                                     rule change, or within such longer
                                                      For the Commission, by the Division of                     Accordingly, pursuant to Section
                                                                                                                                                                     period up to 90 days as the Commission
                                                    Trading and Markets, pursuant to delegated                19(b)(2) of the Act,7 the Commission
                                                                                                                                                                     may designate if it finds such longer
                                                    authority.19                                              designates February 23, 2016, as the                   period to be appropriate and publishes
                                                    Robert W. Errett,                                         date by which the Commission should                    its reasons for so finding or as to which
                                                    Deputy Secretary.                                         either approve or disapprove or institute              the self-regulatory organization
                                                    [FR Doc. 2016–00463 Filed 1–12–16; 8:45 am]
                                                                                                              proceedings to determine whether to                    consents, the Commission shall either
                                                                                                              disapprove the proposed rule change                    approve the proposed rule change,
                                                    BILLING CODE 8011–01–P
                                                                                                              (File No. SR–FINRA–2015–47).                           disapprove the proposed rule change, or
                                                                                                                For the Commission, by the Division of               institute proceedings to determine
                                                    SECURITIES AND EXCHANGE                                   Trading and Markets, pursuant to delegated             whether the proposed rule change
                                                    COMMISSION                                                authority.8                                            should be disapproved. The 45th day for
                                                                                                              Robert W. Errett,                                      this filing is January 9, 2016.
                                                    [Release No. 34–76855; File No. SR–FINRA–                                                                           The Commission is extending this 45-
                                                    2015–47]                                                  Deputy Secretary.
                                                                                                              [FR Doc. 2016–00469 Filed 1–12–16; 8:45 am]            day time period. The Commission finds
                                                    Self-Regulatory Organizations;                            BILLING CODE 8011–01–P
                                                                                                                                                                     that it is appropriate to designate a
                                                    Financial Industry Regulatory                                                                                    longer period within which to take
                                                    Authority, Inc.; Notice of Designation                      1 15
                                                                                                                                                                     action on the proposed rule change so
                                                                                                                      U.S.C. 78s(b)(1).
                                                    of Longer Period for Commission                             2 17  CFR 240.19b–4.
                                                                                                                                                                     that it has sufficient time to consider the
                                                    Action on a Proposed Rule Change To                         3 See Securities Exchange Act Release No. 74892      proposal.
                                                    Establish Rules To Adopt FINRA Rule                       (May 6, 2015), 80 FR 27513 (May 13, 2015) (order
                                                                                                              approving the Tick Size Pilot).                          1 15 U.S.C. 78s(b)(1).
                                                    6191(a) To Implement the Quoting and                        4 See Securities Exchange Act Release No. 76483        2 17 CFR 240.19b–4.
                                                    Trading Requirements of the                               (November 19, 2015), 80 FR 73853.                        3 See Securities Exchange Act Release No. 74892
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                                                    Regulation NMS Plan To Implement a                          5 See Letters from Mary Lou Von Kaenel,              (May 6, 2015), 80 FR 27513 (May 13, 2015).
                                                    Tick Size Pilot Program                                   Managing Director, Financial Information Forum,          4 See Securities Exchange Act Release No. 76484
                                                                                                              dated December 16, 2015 and Theodore R. Lazo,          (November 19, 2015), 80 FR 73858.
                                                    January 7, 2016.                                          Managing Director and Associate General Counsel,         5 See Letters from Mary Lou Von Kaenel,
                                                                                                              Securities Industry and Financial Markets              Managing Director, Financial Information Forum,
                                                       On November 13, 2015, the Financial                    Association, dated December 18, 2015, to Robert W.     dated December 16, 2015 and Manisha Kimmel,
                                                    Industry Regulatory Authority, Inc.                       Errett, Deputy Secretary, Commission.                  Chief Regulatory Officer, Wealth Management,
                                                    (‘‘FINRA’’) filed with the Securities and                   6 15 U.S.C. 78s(b)(2).
                                                                                                                                                                     Thomson Reuters, dated December 16, 2015 to
                                                                                                                7 Id.                                                Robert W. Errett, Deputy Secretary, Commission.
                                                      19 17   CFR 200.30–3(a)(12).                              8 17 CFR 200.30–3(a)(31).                              6 15 U.S.C. 78s(b)(2).




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Document Created: 2016-01-13 01:01:02
Document Modified: 2016-01-13 01:01:02
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 1668 

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