81_FR_17583 81 FR 17523 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot Period for the Exchange's Retail Liquidity Program, Which Is Currently Scheduled To Expire on March 31, 2016, Until August 31, 2016

81 FR 17523 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot Period for the Exchange's Retail Liquidity Program, Which Is Currently Scheduled To Expire on March 31, 2016, Until August 31, 2016

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 60 (March 29, 2016)

Page Range17523-17525
FR Document2016-06990

Federal Register, Volume 81 Issue 60 (Tuesday, March 29, 2016)
[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Pages 17523-17525]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06990]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77425; File No. SR-NYSEArca-2016-47]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot 
Period for the Exchange's Retail Liquidity Program, Which Is Currently 
Scheduled To Expire on March 31, 2016, Until August 31, 2016

March 23, 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 21, 2016, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to extend the pilot period for the Exchange's 
Retail Liquidity Program (the ``Retail Liquidity Program'' or the 
``Program''), which is currently scheduled to expire on March 31, 2016, 
until August 31, 2016. The

[[Page 17524]]

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 purpose of this filing is to extend the pilot period of the 
Retail Liquidity Program, currently scheduled to expire on March 31, 
2016, until August 31, 2016.
Background
    In December 2013, the Commission approved the Retail Liquidity 
Program on a pilot basis.\4\ The Program is designed to attract retail 
order flow to the Exchange, and allows such order flow to receive 
potential price improvement. The Program is currently limited to trades 
occurring at prices equal to or greater than $1.00 per share. Under the 
Program, Retail Liquidity Providers (``RLPs'') are able to provide 
potential price improvement in the form of a non-displayed order that 
is priced better than the Exchange's best protected bid or offer 
(``PBBO''), called a Retail Price Improvement Order (``RPI''). When 
there is an RPI in a particular security, the Exchange disseminates an 
indicator, known as the Retail Liquidity Identifier, indicating that 
such interest exists. Retail Member Organizations (``RMOs'') can submit 
a Retail Order to the Exchange, which would interact, to the extent 
possible, with available contra-side RPIs.
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    \4\ See Securities Exchange Act Release No. 71176 (December 23, 
2013), 78 FR 79524 (December 30, 2013) (SR-NYSEArca-2013-107) (``RLP 
Approval Order'').
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    The Retail Liquidity Program was approved by the Commission on a 
pilot basis. Pursuant to NYSE Arca Equities Rule 7.44(m), the pilot 
period for the Program was originally scheduled to end twelve months 
after the date of implementation. Because the Program was implemented 
on April 14, 2014, the first pilot period for the Program ended on 
April 14, 2015 and the Exchange extended the pilot period to March 31, 
2016.\5\ In 2015, the Exchange adopted NYSE Arca Equities Rule 7.44P, 
which will govern the Retail Liquidity Program when the Exchange 
implements its Pillar trading platform.\6\
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    \5\ The Exchange announced the implementation date by Trader 
Update, which is available here: https://www.nyse.com/publicdocs/nyse/notifications/trader-update/2014_04_07_Arca_RLP%20GO%20LIVE.pdf. See Securities Exchange Act 
Release No. 75994 (September 28, 2015), 80 FR 59834 (October 2, 
2015) (SR-NYSEArca-2015-84).
    \6\ See Securities Exchange Act Release No. 76267 (Oct. 26, 
2015), 80 FR 66951 (Oct. 30, 2015) (SR-NYSEArca-2015-56) (``Pillar 
Approval Order''). NYSE Arca Equities Rule 7.44P(m) was recently 
amended to reflect the current date the Retail Liquidity Program 
expires. See Securities Exchange Act Release No. 77236 (February 25, 
2016), 81 FR 10943 (March 2, 2016) (SR-NYSEArca-2016-30).
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Proposal To Extend the Operation of the Program
    The Exchange established the Retail Liquidity Program in an attempt 
to attract retail order flow to the Exchange by potentially providing 
price improvement to such order flow. The Exchange believes that the 
Program promotes competition for retail order flow by allowing Exchange 
members to submit RPIs to interact with Retail Orders. Such competition 
has the ability to promote efficiency by facilitating the price 
discovery process and generating additional investor interest in 
trading securities, thereby promoting capital formation. The Exchange 
believes that extending the pilot is appropriate because it will allow 
the Exchange and the Commission additional time to analyze data 
regarding the Program that the Exchange has committed to provide.\7\ As 
such, the Exchange believes that it is appropriate to extend the 
current operation of the Program.\8\ Through this filing, the Exchange 
seeks to amend NYSE Arca Equities Rule 7.44(m) and Rule 7.44P(m) and 
extend the current pilot period of the Program until March 31, 2016.
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    \7\ See RLP Approval Order, supra n. 4, 78 FR at 79529.
    \8\ Concurrently with this filing, the Exchange has submitted a 
request for an extension of the exemption under Regulation NMS Rule 
612 previously granted by the Commission that permits it to accept 
and rank the undisplayed RPIs. See Letter from Martha Redding, Asst. 
Corporate Secretary, NYSE Group, Inc. to Brent J. Fields, Secretary, 
Securities and Exchange Commission, dated March 17, 2016.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act,\9\ in general, and furthers the objectives of Section 6(b)(5),\10\ 
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. The Exchange 
believes that extending the pilot period for the Retail Liquidity 
Program is consistent with these principles because the Program is 
reasonably designed to attract retail order flow to the exchange 
environment, while helping to ensure that retail investors benefit from 
the better price that liquidity providers are willing to give their 
orders. Additionally, as previously stated, the competition promoted by 
the Program may facilitate the price discovery process and potentially 
generate additional investor interest in trading securities. The 
extension of the pilot period will allow the Commission and the 
Exchange to continue to monitor the Program for its potential effects 
on public price discovery, and on the broader market structure.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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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 
simply extends an established pilot program for an additional six 
months, thus allowing the Retail Liquidity Program to enhance 
competition for retail order flow and contribute to the public price 
discovery process.

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

    No written comments were 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) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\ 
Because the proposed rule change does not: (i)

[[Page 17525]]

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 \13\ and Rule 19b-4(f)(6) thereunder.\14\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\16\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposed 
rule change may become operative before the current expiration of the 
pilot period. The Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest, because waiver would allow the pilot period to continue 
uninterrupted after its current expiration date of March 31, 2016, 
thereby avoiding any potential investor confusion that could result 
from temporary interruption in the pilot program. For this reason, the 
Commission hereby waives the 30-day operative delay and designates the 
proposal operative upon filing.\17\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-NYSEArca-2016-47 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-47. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEArca-2016-47 and should 
be submitted on or before April 19, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
Brent J. Fields,
Secretary.
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    \18\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-06990 Filed 3-28-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices                                                 17523

                                                  contribute to the public price discovery                  Commission hereby waives the 30-day                  Washington, DC 20549 on official
                                                  process.                                                  operative delay and designates the                   business days between the hours of
                                                                                                            proposal operative upon filing.16                    10:00 a.m. and 3:00 p.m. Copies of the
                                                  C. Self-Regulatory Organization’s
                                                                                                               At any time within 60 days of the                 filing also will be available for
                                                  Statement on Comments on the
                                                                                                            filing of the proposed rule change, the              inspection and copying at the principal
                                                  Proposed Rule Change Received From
                                                                                                            Commission summarily may                             office of the Exchange. All comments
                                                  Members, Participants, or Others
                                                                                                            temporarily suspend such rule change if              received will be posted without change;
                                                    No written comments were solicited                      it appears to the Commission that such               the Commission does not edit personal
                                                  or received with respect to the proposed                  action is necessary or appropriate in the            identifying information from
                                                  rule change.                                              public interest, for the protection of               submissions. You should submit only
                                                  III. Date of Effectiveness of the                         investors, or otherwise in furtherance of            information that you wish to make
                                                  Proposed Rule Change and Timing for                       the purposes of the Act. If the                      available publicly. All submissions
                                                  Commission Action                                         Commission takes such action, the                    should refer to File Number SR–
                                                                                                            Commission shall institute proceedings               NYSEMKT–2016–39 and should be
                                                     The Exchange has filed the proposed                                                                         submitted on or before April 19, 2016.
                                                                                                            to determine whether the proposed rule
                                                  rule change pursuant to section
                                                                                                            change should be approved or                           For the Commission, by the Division of
                                                  19(b)(3)(A) of the Act 10 and Rule 19b–
                                                                                                            disapproved.                                         Trading and Markets, pursuant to delegated
                                                  4(f)(6) thereunder.11 Because the                                                                              authority.17
                                                  proposed rule change does not: (i)                        IV. Solicitation of Comments
                                                                                                                                                                 Brent J. Fields,
                                                  significantly affect the protection of                      Interested persons are invited to                  Secretary.
                                                  investors or the public interest; (ii)                    submit written data, views, and
                                                  impose any significant burden on                                                                               [FR Doc. 2016–06989 Filed 3–28–16; 8:45 am]
                                                                                                            arguments concerning the foregoing,                  BILLING CODE 8011–01–P
                                                  competition; and (iii) become operative
                                                                                                            including whether the proposed rule
                                                  prior to 30 days from the date on which
                                                                                                            change is consistent with the Act.
                                                  it was filed, or such shorter time as the
                                                  Commission may designate, if
                                                                                                            Comments may be submitted by any of                  SECURITIES AND EXCHANGE
                                                  consistent with the protection of
                                                                                                            the following methods:                               COMMISSION
                                                  investors and the public interest, the                    Electronic Comments                                  [Release No. 34–77425; File No. SR–
                                                  proposed rule change has become                                                                                NYSEArca–2016–47]
                                                                                                              • Use the Commission’s Internet
                                                  effective pursuant to section 19(b)(3)(A)                 comment form (http://www.sec.gov/
                                                  of the Act 12 and Rule 19b–4(f)(6)                                                                             Self-Regulatory Organizations; NYSE
                                                                                                            rules/sro.shtml); or                                 Arca, Inc.; Notice of Filing and
                                                  thereunder.13                                               • Send an email to rule-comments@
                                                     A proposed rule change filed under                                                                          Immediate Effectiveness of Proposed
                                                                                                            sec.gov. Please include File Number SR–              Rule Change To Extend the Pilot
                                                  Rule 19b–4(f)(6) 14 normally does not                     NYSEMKT–2016–39 on the subject line.
                                                  become operative prior to 30 days after                                                                        Period for the Exchange’s Retail
                                                  the date of the filing. However, pursuant                 Paper Comments                                       Liquidity Program, Which Is Currently
                                                  to Rule 19b4(f)(6)(iii),15 the Commission                                                                      Scheduled To Expire on March 31,
                                                                                                               • Send paper comments in triplicate               2016, Until August 31, 2016
                                                  may designate a shorter time if such                      to Secretary, Securities and Exchange
                                                  action is consistent with the protection                  Commission, 100 F Street NE.,                        March 23, 2016.
                                                  of investors and the public interest. The                 Washington, DC 20549–1090.                              Pursuant to Section 19(b)(1) 1 of the
                                                  Exchange has asked the Commission to                                                                           Securities Exchange Act of 1934 (the
                                                                                                            All submissions should refer to File
                                                  waive the 30-day operative delay so that                                                                       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                                                                            Number SR–NYSEMKT–2016–39. This
                                                  the proposed rule change may become                                                                            notice is hereby given that, on March
                                                                                                            file number should be included on the
                                                  operative before the current expiration                                                                        21, 2016, NYSE Arca, Inc. (the
                                                                                                            subject line if email is used. To help the
                                                  of the pilot period. The Commission                                                                            ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                                                                            Commission process and review your
                                                  believes that waiving the 30-day                                                                               the Securities and Exchange
                                                                                                            comments more efficiently, please use
                                                  operative delay is consistent with the                                                                         Commission (the ‘‘Commission’’) the
                                                                                                            only one method. The Commission will
                                                  protection of investors and the public                                                                         proposed rule change as described in
                                                                                                            post all comments on the Commission’s
                                                  interest, because waiver would allow                                                                           Items I and II below, which Items have
                                                                                                            Internet Web site (http://www.sec.gov/
                                                  the pilot period to continue                                                                                   been prepared by the self-regulatory
                                                                                                            rules/sro.shtml). Copies of the
                                                  uninterrupted after its current                                                                                organization. The Commission is
                                                                                                            submission, all subsequent
                                                  expiration date of March 31, 2016,                                                                             publishing this notice to solicit
                                                                                                            amendments, all written statements
                                                  thereby avoiding any potential investor                                                                        comments on the proposed rule change
                                                                                                            with respect to the proposed rule
                                                  confusion that could result from                                                                               from interested persons.
                                                                                                            change that are filed with the
                                                  temporary interruption in the pilot
                                                                                                            Commission, and all written                          I. Self-Regulatory Organization’s
                                                  program. For this reason, the
                                                                                                            communications relating to the                       Statement of the Terms of Substance of
                                                    10 15  U.S.C. 78s(b)(3)(A).
                                                                                                            proposed rule change between the                     the Proposed Rule Change
                                                    11 17  CFR 240.19b-4(f)(6).                             Commission and any person, other than
                                                     12 15 U.S.C. 78s(b)(3)(A).                             those that may be withheld from the                     The Exchange proposes to extend the
                                                     13 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-      public in accordance with the                        pilot period for the Exchange’s Retail
                                                  4(f)(6)(iii) requires the Exchange to give the            provisions of 5 U.S.C. 552, will be                  Liquidity Program (the ‘‘Retail Liquidity
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Commission written notice of the Exchange’s intent        available for Web site viewing and                   Program’’ or the ‘‘Program’’), which is
                                                  to file the proposed rule change, along with a brief                                                           currently scheduled to expire on March
                                                  description and text of the proposed rule change,         printing in the Commission’s Public
                                                  at least five business days prior to the date of filing   Reference Room, 100 F Street NE.,                    31, 2016, until August 31, 2016. The
                                                  of the proposed rule change, or such shorter time
                                                                                                                                                                   17 17 CFR 200.30–3(a)(12).
                                                  as designated by the Commission. The Exchange               16 For purposes only of waiving the 30-day
                                                  has satisfied this requirement.                           operative delay, the Commission has considered the
                                                                                                                                                                   1 15 U.S.C.78s(b)(1).
                                                     14 17 CFR 240.19b–4(f)(6).                                                                                    2 15 U.S.C. 78a.
                                                                                                            proposed rule’s impact on efficiency, competition,
                                                     15 17 CFR 240.19b–4(f)(6)(iii).                        and capital formation. See 15 U.S.C. 78c(f).           3 17 CFR 240.19b–4.




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                                                  17524                         Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices

                                                  proposed rule change is available on the                Program was originally scheduled to                    2. Statutory Basis
                                                  Exchange’s Web site at www.nyse.com,                    end twelve months after the date of                       The proposed rule change is
                                                  at the principal office of the Exchange,                implementation. Because the Program                    consistent with Section 6(b) of the Act,9
                                                  and at the Commission’s Public                          was implemented on April 14, 2014, the                 in general, and furthers the objectives of
                                                  Reference Room.                                         first pilot period for the Program ended               Section 6(b)(5),10 in particular, in that it
                                                  II. Self-Regulatory Organization’s                      on April 14, 2015 and the Exchange                     is designed to promote just and
                                                  Statement of the Purpose of, and                        extended the pilot period to March 31,                 equitable principles of trade, to remove
                                                  Statutory Basis for, the Proposed Rule                  2016.5 In 2015, the Exchange adopted                   impediments to and perfect the
                                                  Change                                                  NYSE Arca Equities Rule 7.44P, which                   mechanism of a free and open market
                                                                                                          will govern the Retail Liquidity Program               and a national market system, and, in
                                                     In its filing with the Commission, the                                                                      general, to protect investors and the
                                                  self-regulatory organization included                   when the Exchange implements its
                                                                                                          Pillar trading platform.6                              public interest. The Exchange believes
                                                  statements concerning the purpose of,                                                                          that extending the pilot period for the
                                                  and basis for, the proposed rule change                 Proposal To Extend the Operation of the                Retail Liquidity Program is consistent
                                                  and discussed any comments it received                  Program                                                with these principles because the
                                                  on the proposed rule change. The text                                                                          Program is reasonably designed to
                                                  of those statements may be examined at                     The Exchange established the Retail                 attract retail order flow to the exchange
                                                  the places specified in Item IV below.                  Liquidity Program in an attempt to                     environment, while helping to ensure
                                                  The Exchange has prepared summaries,                    attract retail order flow to the Exchange              that retail investors benefit from the
                                                  set forth in sections A, B, and C below,                by potentially providing price                         better price that liquidity providers are
                                                  of the most significant parts of such                   improvement to such order flow. The                    willing to give their orders.
                                                  statements.                                             Exchange believes that the Program                     Additionally, as previously stated, the
                                                  A. Self-Regulatory Organization’s                       promotes competition for retail order                  competition promoted by the Program
                                                  Statement of the Purpose of, and the                    flow by allowing Exchange members to                   may facilitate the price discovery
                                                  Statutory Basis for, the Proposed Rule                  submit RPIs to interact with Retail                    process and potentially generate
                                                  Change                                                  Orders. Such competition has the ability               additional investor interest in trading
                                                                                                          to promote efficiency by facilitating the              securities. The extension of the pilot
                                                  1. Purpose                                              price discovery process and generating                 period will allow the Commission and
                                                     The purpose of this filing is to extend              additional investor interest in trading                the Exchange to continue to monitor the
                                                  the pilot period of the Retail Liquidity                securities, thereby promoting capital                  Program for its potential effects on
                                                  Program, currently scheduled to expire                  formation. The Exchange believes that                  public price discovery, and on the
                                                  on March 31, 2016, until August 31,                     extending the pilot is appropriate                     broader market structure.
                                                  2016.                                                   because it will allow the Exchange and                 B. Self-Regulatory Organization’s
                                                  Background                                              the Commission additional time to                      Statement on Burden on Competition
                                                     In December 2013, the Commission                     analyze data regarding the Program that                  The Exchange does not believe that
                                                  approved the Retail Liquidity Program                   the Exchange has committed to                          the proposed rule change will impose
                                                  on a pilot basis.4 The Program is                       provide.7 As such, the Exchange                        any burden on competition that is not
                                                  designed to attract retail order flow to                believes that it is appropriate to extend              necessary or appropriate in furtherance
                                                  the Exchange, and allows such order                     the current operation of the Program.8                 of the purposes of the Act. The
                                                  flow to receive potential price                         Through this filing, the Exchange seeks                proposed rule change simply extends an
                                                  improvement. The Program is currently                   to amend NYSE Arca Equities Rule                       established pilot program for an
                                                  limited to trades occurring at prices                   7.44(m) and Rule 7.44P(m) and extend                   additional six months, thus allowing the
                                                  equal to or greater than $1.00 per share.               the current pilot period of the Program                Retail Liquidity Program to enhance
                                                  Under the Program, Retail Liquidity                     until March 31, 2016.                                  competition for retail order flow and
                                                  Providers (‘‘RLPs’’) are able to provide                                                                       contribute to the public price discovery
                                                  potential price improvement in the form                    5 The Exchange announced the implementation         process.
                                                  of a non-displayed order that is priced                 date by Trader Update, which is available here:
                                                                                                          https://www.nyse.com/publicdocs/nyse/                  C. Self-Regulatory Organization’s
                                                  better than the Exchange’s best
                                                                                                          notifications/trader-update/2014_04_07_Arca_           Statement on Comments on the
                                                  protected bid or offer (‘‘PBBO’’), called               RLP%20GO%20LIVE.pdf. See Securities Exchange           Proposed Rule Change Received From
                                                  a Retail Price Improvement Order                        Act Release No. 75994 (September 28, 2015), 80 FR      Members, Participants, or Others
                                                  (‘‘RPI’’). When there is an RPI in a                    59834 (October 2, 2015) (SR–NYSEArca–2015–84).
                                                  particular security, the Exchange                          6 See Securities Exchange Act Release No. 76267       No written comments were solicited
                                                  disseminates an indicator, known as the                 (Oct. 26, 2015), 80 FR 66951 (Oct. 30, 2015) (SR–      or received with respect to the proposed
                                                  Retail Liquidity Identifier, indicating                 NYSEArca–2015–56) (‘‘Pillar Approval Order’’).         rule change.
                                                                                                          NYSE Arca Equities Rule 7.44P(m) was recently
                                                  that such interest exists. Retail Member                amended to reflect the current date the Retail         III. Date of Effectiveness of the
                                                  Organizations (‘‘RMOs’’) can submit a                   Liquidity Program expires. See Securities Exchange     Proposed Rule Change and Timing for
                                                  Retail Order to the Exchange, which                     Act Release No. 77236 (February 25, 2016), 81 FR       Commission Action
                                                  would interact, to the extent possible,                 10943 (March 2, 2016) (SR–NYSEArca–2016–30).
                                                  with available contra-side RPIs.                           7 See RLP Approval Order, supra n. 4, 78 FR at         The Exchange has filed the proposed
                                                     The Retail Liquidity Program was                     79529.                                                 rule change pursuant to Section
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                                                  approved by the Commission on a pilot
                                                                                                             8 Concurrently with this filing, the Exchange has   19(b)(3)(A) of the Act 11 and Rule 19b–
                                                                                                          submitted a request for an extension of the            4(f)(6) thereunder.12 Because the
                                                  basis. Pursuant to NYSE Arca Equities                   exemption under Regulation NMS Rule 612
                                                  Rule 7.44(m), the pilot period for the                                                                         proposed rule change does not: (i)
                                                                                                          previously granted by the Commission that permits
                                                                                                          it to accept and rank the undisplayed RPIs. See
                                                                                                                                                                  9 15 U.S.C. 78f(b).
                                                    4 See Securities Exchange Act Release No. 71176       Letter from Martha Redding, Asst. Corporate
                                                                                                                                                                  10 15 U.S.C. 78f(b)(5).
                                                  (December 23, 2013), 78 FR 79524 (December 30,          Secretary, NYSE Group, Inc. to Brent J. Fields,
                                                                                                                                                                  11 15 U.S.C. 78s(b)(3)(A).
                                                  2013) (SR–NYSEArca–2013–107) (‘‘RLP Approval            Secretary, Securities and Exchange Commission,
                                                  Order’’).                                               dated March 17, 2016.                                   12 17 CFR 240.19b–4(f)(6).




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                                                                                  Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices                                                 17525

                                                  Significantly affect the protection of                    IV. Solicitation of Comments                           For the Commission, by the Division of
                                                  investors or the public interest; (ii)                                                                         Trading and Markets, pursuant to delegated
                                                  impose any significant burden on                            Interested persons are invited to                  authority.18
                                                  competition; and (iii) become operative                   submit written data, views, and                      Brent J. Fields,
                                                  prior to 30 days from the date on which                   arguments concerning the foregoing,                  Secretary.
                                                  it was filed, or such shorter time as the                 including whether the proposed rule
                                                                                                                                                                 [FR Doc. 2016–06990 Filed 3–28–16; 8:45 am]
                                                  Commission may designate, if                              change is consistent with the Act.
                                                                                                                                                                 BILLING CODE 8011–01–P
                                                  consistent with the protection of                         Comments may be submitted by any of
                                                  investors and the public interest, the                    the following methods:
                                                  proposed rule change has become                                                                                SECURITIES AND EXCHANGE
                                                                                                            Electronic Comments
                                                  effective pursuant to Section 19(b)(3)(A)
                                                                                                                                                                 COMMISSION
                                                  of the Act 13 and Rule 19b–4(f)(6)                          • Use the Commission’s Internet
                                                  thereunder.14                                             comment form (http://www.sec.gov/
                                                     A proposed rule change filed under                                                                          [Release No. 34–77428; File No. SR–
                                                                                                            rules/sro.shtml); or                                 NASDAQ–2016–038]
                                                  Rule 19b–4(f)(6) 15 normally does not
                                                  become operative prior to 30 days after                     • Send an email to rule-comments@
                                                  the date of the filing. However, pursuant                 sec.gov. Please include File Number SR–              Self-Regulatory Organizations; The
                                                  to Rule 19b4(f)(6)(iii),16 the Commission                 NYSEArca–2016–47 on the subject line.                NASDAQ Stock Market LLC; Notice of
                                                  may designate a shorter time if such                                                                           Filing and Immediate Effectiveness of
                                                                                                            Paper Comments                                       Proposed Rule Change To Amend
                                                  action is consistent with the protection
                                                  of investors and the public interest. The                   • Send paper comments in triplicate                Chapter XI (Doing Business With the
                                                  Exchange has asked the Commission to                      to Secretary, Securities and Exchange                Public), Section 8 (Supervision of
                                                  waive the 30-day operative delay so that                  Commission, 100 F Street NE.,                        Accounts) of the Exchange’s Rulebook
                                                  the proposed rule change may become                       Washington, DC 20549–1090.                           March 23, 2016.
                                                  operative before the current expiration
                                                  of the pilot period. The Commission                       All submissions should refer to File                    Pursuant to Section 19(b)(1) of the
                                                  believes that waiving the 30-day                          Number SR–NYSEArca–2016–47. This                     Securities Exchange Act of 1934
                                                  operative delay is consistent with the                    file number should be included on the                (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  protection of investors and the public                    subject line if email is used. To help the           notice is hereby given that on March 14,
                                                  interest, because waiver would allow                      Commission process and review your                   2016, The NASDAQ Stock Market LLC
                                                  the pilot period to continue                              comments more efficiently, please use                (‘‘Exchange’’) filed with the Securities
                                                  uninterrupted after its current                           only one method. The Commission will                 and Exchange Commission
                                                  expiration date of March 31, 2016,                        post all comments on the Commission’s                (‘‘Commission’’) the proposed rule
                                                  thereby avoiding any potential investor                   Internet Web site (http://www.sec.gov/               change as described in Items I, II, and
                                                  confusion that could result from                          rules/sro.shtml). Copies of the                      III, below, which Items have been
                                                  temporary interruption in the pilot                       submission, all subsequent                           substantially prepared by the Exchange.
                                                  program. For this reason, the                             amendments, all written statements                   The Commission is publishing this
                                                  Commission hereby waives the 30-day                       with respect to the proposed rule                    notice to solicit comments on the
                                                  operative delay and designates the                        change that are filed with the                       proposed rule change from interested
                                                  proposal operative upon filing.17                         Commission, and all written
                                                     At any time within 60 days of the                                                                           persons.
                                                                                                            communications relating to the
                                                  filing of the proposed rule change, the                                                                        I. Self-Regulatory Organization’s
                                                                                                            proposed rule change between the
                                                  Commission summarily may                                                                                       Statement of the Terms of Substance of
                                                                                                            Commission and any person, other than
                                                  temporarily suspend such rule change if                                                                        the Proposed Rule Change
                                                  it appears to the Commission that such                    those that may be withheld from the
                                                  action is necessary or appropriate in the                 public in accordance with the                           The Exchange proposes to amend
                                                  public interest, for the protection of                    provisions of 5 U.S.C. 552, will be                  Chapter XI (Doing Business with the
                                                  investors, or otherwise in furtherance of                 available for Web site viewing and                   Public), Section 8 (Supervision of
                                                  the purposes of the Act. If the                           printing in the Commission’s Public                  Accounts) of the Exchange’s rulebook to
                                                  Commission takes such action, the                         Reference Room, 100 F Street NE.,                    remove outdated references to three
                                                  Commission shall institute proceedings                    Washington, DC 20549 on official                     National Association of Securities
                                                  to determine whether the proposed rule                    business days between the hours of                   Dealers, Inc. (‘‘NASD’’) rules and to
                                                  change should be approved or                              10:00 a.m. and 3:00 p.m. Copies of the               replace those references with references
                                                  disapproved.                                              filing also will be available for                    to four successor Financial Industry
                                                                                                            inspection and copying at the principal              Regulatory Authority, Inc. (‘‘FINRA’’)
                                                    13 15  U.S.C. 78s(b)(3)(A).                             office of the Exchange. All comments                 rules which have replaced them.
                                                    14 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      received will be posted without change;
                                                  4(f)(6)(iii) requires the Exchange to give the
                                                                                                            the Commission does not edit personal                   The text of the proposed rule change
                                                  Commission written notice of the Exchange’s intent                                                             is available on the Exchange’s Web site
                                                  to file the proposed rule change, along with a brief      identifying information from
                                                  description and text of the proposed rule change,         submissions. You should submit only                  at http://nasdaq.cchwallstreet.com, at
                                                  at least five business days prior to the date of filing
                                                                                                            information that you wish to make                    the principal office of the Exchange, and
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                                                  of the proposed rule change, or such shorter time                                                              at the Commission’s Public Reference
                                                  as designated by the Commission. The Exchange             available publicly. All submissions
                                                  has satisfied this requirement.                           should refer to File Number SR–                      Room.
                                                     15 17 CFR 240.19b–4(f)(6).
                                                                                                            NYSEArca–2016–47 and should be
                                                     16 17 CFR 240.19b–4(f)(6)(iii).
                                                     17 For purposes only of waiving the 30-day
                                                                                                            submitted on or before April 19, 2016.
                                                                                                                                                                   18 17 CFR 200.30–3(a)(12).
                                                  operative delay, the Commission has considered the
                                                                                                                                                                   1 15 U.S.C. 78s(b)(1).
                                                  proposed rule’s impact on efficiency, competition,
                                                  and capital formation. See 15 U.S.C. 78c(f).                                                                     2 17 CFR 240.19b–4.




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Document Created: 2016-03-30 08:29:04
Document Modified: 2016-03-30 08:29:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 17523 

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