81_FR_17587 81 FR 17527 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Rule 964.2NY Regarding the Participation Entitlement Formula for Specialists and e-Specialists

81 FR 17527 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Rule 964.2NY Regarding the Participation Entitlement Formula for Specialists and e-Specialists

SECURITIES AND EXCHANGE COMMISSION

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

Page Range17527-17529
FR Document2016-06999

Federal Register, Volume 81 Issue 60 (Tuesday, March 29, 2016)
[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Pages 17527-17529]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06999]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77435; File No. SR-NYSEMKT-2016-41]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change to Rule 964.2NY 
Regarding the Participation Entitlement Formula for Specialists and e-
Specialists

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

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to Rule 964.2NY regarding the participation 
entitlement formula for Specialists and e-Specialists. The proposed 
rule change is available on the Exchange's Web site at www.nyse.com, at 
the principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing changes to Rule 964.2NY regarding the 
participation entitlement formula for Specialists and e-Specialists as 
described below.\4\
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    \4\ A Specialist is ``an individual or entity that has been 
deemed qualified by the Exchange for the purpose of making 
transactions on the Exchange in accordance with the provisions of 
Rule 920NY [Market Makers], and who meets the qualification 
requirements of Rule 927NY(b) [Specialists]. Each Specialist must be 
registered with the Exchange as a Market Maker. Any ATP Holder 
registered as a Market Maker with the Exchange is eligible to be 
qualified as a Specialist. See Rule 900.2NY(76). Rule 923NY(b) also 
provides that ``[t]he Exchange may designate e-Specialists in an 
option class in accordance with Rule 927.4NY[e-Specialists].'' Id.
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    Rule 964NY sets forth the priority for the allocation of incoming 
orders to resting interest at a particular price in the System,\5\ 
which includes the allocation to the Specialist Pool.\6\ Rule 964.2NY 
sets forth the participant entitlement formula applicable to the 
Specialist Pool and provides that, on a quarterly basis, the Exchange 
will determine a Primary Specialist in each option class.
---------------------------------------------------------------------------

    \5\ The term ``System'' refers to the Exchange's electronic 
order delivery, execution and reporting system through which orders 
and quotes for listed options are consolidated for execution and/or 
display. See Rule 900.2NY(48) (defining ``Exchange System'' or 
``System'').
    \6\ The Specialist Pool refers to the aggregated size of the 
best bid and best offer, in a given series, amongst the Specialist 
and e-Specialists that match in price. See Rule 900.2NY(75).
---------------------------------------------------------------------------

    To select the Primary Specialist, the Exchange objectively 
evaluates the relative quote performance of each Specialist and e-
Specialist focusing on one or more of the following optional factors: 
time and size at the NBBO, average quote width, average quote size, and 
the relative share of electronic volume in a given class of options 
(the Primary Specialist Criteria'').\7\ Per current Rule 964.2NY(a), 
the Exchange will publish the Primary Specialist Criteria, including 
the relative weighting of each factor, by Regulatory Bulletin at least 
5 business days prior to an evaluation period. The Exchange adopted the 
quarterly contest for Primary Specialist in 2012 to enhance quote 
competition among the Specialist Pool participants.\8\
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    \7\ See Rule 964.2NY(a). The Primary Specialist's size pro-rata 
participation in the Specialist Pool also receives additional 
weighting amongst Specialist Pool participants, which is determined 
by the Exchange and announced via Regulatory Bulletin. See Rule 
964.2NY(b)(3)(A).
    \8\ See Securities Exchange Release No. 34-67421 (July 12, 
2012), 77 FR 42349 (July 18, 2012) (SR-NYSEAmex-2012-31) (approval 
order).
---------------------------------------------------------------------------

    The Exchange proposes to modify the Primary Specialist Criteria to 
include the electronic volumes from resting quotes and orders in the 
Consolidated Book \9\ for each Specialist and e-Specialist. While the 
current Primary Specialist Criteria includes ``electronic volume,'' 
this can be composed of liquidity-taking volume. The Exchange believes 
the new criterion would enable the Exchange to better account for the 
liquidity-making volume of each Specialist and e-Specialist. The 
Exchange believes this proposal also provides the Exchange the ability 
to reward Specialists and e-Specialists that contribute significant 
volumes through market making activity. The Exchange believes that 
having the ability to reward such participants would incentivize 
Specialist Pool Participants to increase their posted volume on the 
Exchange, which benefits other market participants through the 
improvement of the price and size of the displayed market.
---------------------------------------------------------------------------

    \9\ The Consolidated Book is ``the Exchange's electronic book of 
limit orders for the accounts of Customers and broker-dealers, and 
Quotes with Size. All orders and Quotes with Size that are entered 
into the Book will be ranked and maintained in accordance with the 
rules of priority as provided in Rule 964NY.'' See Rule 900.2NY(14).
---------------------------------------------------------------------------

    The Exchange also proposes at this time to make a procedural change 
for announcements regarding the Primary Specialist Criteria and any 
additional weighting to the Primary Specialist amongst the Specialist 
Pool. Presently the Exchange issues Regulatory Bulletins when making 
such announcements. Going forward, the Exchange proposes to issue a 
Trader Update in lieu of a Regulatory Bulletin. Regulatory Bulletins 
generally contain information regarding legal and regulatory matters 
while Trader Updates deal with issues such as trading, systems changes 
and real-time market

[[Page 17528]]

announcements. The Exchange believes that it is more appropriate to 
make announcements regarding the Primary Specialist via Trader Update. 
Trader Updates, like Regulatory Bulletins, are electronically 
distributed to ATP Holders and posted on the Exchange's Web site. 
Accordingly, the Exchange proposes to amend current Rule 964.2NY(a) and 
(b)(3)(A) by replacing reference to ``Regulatory Bulletin'' with 
``Trader Update.'' Thus, for example, the Exchange will publish the 
Primary Specialist Criteria, including the relative weighting of each 
factor, by Trader Update at least 5 business days prior to an 
evaluation period.\10\
---------------------------------------------------------------------------

    \10\ See proposed Rule 964.2NY(a).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
Section 6(b) \11\ of the Securities Exchange Act of 1934 (the ``Act''), 
in general, and furthers the objectives of Section 6(b)(5),\12\ in 
particular, in that it is designed to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As noted by the Exchange, the proposed rule change would promote 
just and equitable principles of trade as it is intended to enhance 
quote competition among the Specialist Pool participants by enabling 
the Exchange to include liquidity-making electronic volume among the 
objective factors considered in the Primary Specialist Criteria. The 
Exchange believes this proposal also provides the Exchange the ability 
to reward Specialists and e-Specialists who contribute significant 
volumes through market making activity. The Exchange believes that 
having the ability to reward such participants would incentivize 
Specialist Pool Participants to increase their posted volume on the 
Exchange, which benefits other market participants through the 
improvement of the price and size of the displayed market. The proposal 
would remove impediments to and perfect the mechanism of a free and 
open market and a national market system because enhanced quote 
competition should lead to narrower spreads and more liquid markets, 
which should attract more order flow to the Exchange, thereby 
benefiting investors.
    Finally, the replacement of references to Regulatory Bulletin with 
references to Trader Updates, would foster cooperation and coordination 
with persons engaged in facilitating transactions in securities as 
Trader Updates deal with issues such as trading, systems changes and 
real-time market announcements and are electronically distributed to 
ATP Holders and posted on the Exchange's Web site.

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

    The Exchange does not believe that the proposed rule change would 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is 
designed to enhance quote competition among Specialist Pool 
participants and would not have any adverse impact on quote competition 
within the Exchange. In addition, the proposal permits the Exchange to 
consider an additional objective factor in determining the Primary 
Specialist. Should the Exchange decide to use such a factor, it would 
announce the modified Primary Specialist Criteria in advance of the 
evaluation period. As is the case today, Specialists Pool participants 
would have ample notice of the modified Primary Specialist Criteria and 
could opt to modify their market making activities to better compete 
for the Primary Specialist designation.

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

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

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) 
thereunder.\14\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(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 
requested that the Commission waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
states that this waiver would enable the Exchange to apply the proposed 
modified Primary Specialist Criteria for the second quarter starting 
April 1, 2016. The Commission believes that waiving the 30-day 
operative delay is consistent with the protection of investors and the 
public interest. As stated in the filing, the Exchange believes that 
the proposed rule change would promote quote competition among the 
Specialist Pool participants by enabling the Exchange to consider 
liquidity-making electronic volume among the objective factors 
considered in the Primary Specialist Criteria. The waiver of the 
operative delay will enable the Exchange to apply the proposed modified 
Primary Specialist Criteria for the second quarter starting April 1, 
2016, and to announce the modified Primary Specialist Criteria by 
Trader Update at least five days before the start of the April 1st 
evaluation period, to help ensure that Specialists and e-Specialists 
are given ample notice of the proposed change. The Exchange notes that 
while the modified Primary Specialist Criteria would be announced for 
the second quarter, starting April 1st, the actual evaluation would not 
be conducted until the start of the third quarter (i.e., July 1, 2016). 
Accordingly, the Commission designates the proposed rule change to be 
operative upon filing.\17\
---------------------------------------------------------------------------

    \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 also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

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

[[Page 17529]]

Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic 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-NYSEMKT-2016-41 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2016-41. 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-NYSEMKT-2016-41, 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\
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    \18\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-06999 Filed 3-28-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices                                                      17527

                                                  printing in the Commission’s Public                     at www.nyse.com, at the principal office                 and the relative share of electronic
                                                  Reference Room, 100 F Street NE.,                       of the Exchange, and at the                              volume in a given class of options (the
                                                  Washington, DC 20549–1090, on official                  Commission’s Public Reference Room.                      Primary Specialist Criteria’’).7 Per
                                                  business days between the hours of                                                                               current Rule 964.2NY(a), the Exchange
                                                                                                          II. Self-Regulatory Organization’s
                                                  10:00 a.m. and 3:00 p.m. Copies of the                                                                           will publish the Primary Specialist
                                                                                                          Statement of the Purpose of, and
                                                  filing also will be available for                                                                                Criteria, including the relative
                                                                                                          Statutory Basis for, the Proposed Rule
                                                  inspection and copying at the principal                                                                          weighting of each factor, by Regulatory
                                                                                                          Change
                                                  office of the Exchange. All comments                                                                             Bulletin at least 5 business days prior to
                                                  received will be posted without change;                    In its filing with the Commission, the                an evaluation period. The Exchange
                                                  the Commission does not edit personal                   self-regulatory organization included                    adopted the quarterly contest for
                                                  identifying information from                            statements concerning the purpose of,                    Primary Specialist in 2012 to enhance
                                                  submissions. You should submit only                     and basis for, the proposed rule change                  quote competition among the Specialist
                                                  information that you wish to make                       and discussed any comments it received                   Pool participants.8
                                                  available publicly.                                     on the proposed rule change. The text                       The Exchange proposes to modify the
                                                  All submissions should refer to File                    of those statements may be examined at                   Primary Specialist Criteria to include
                                                  Number SR–NASDAQ–2016–038 and                           the places specified in Item IV below.                   the electronic volumes from resting
                                                  should be submitted on or before April                  The Exchange has prepared summaries,                     quotes and orders in the Consolidated
                                                  19, 2016.                                               set forth in sections A, B, and C below,                 Book 9 for each Specialist and e-
                                                                                                          of the most significant parts of such                    Specialist. While the current Primary
                                                    For the Commission, by the Division of                statements.
                                                  Trading and Markets, pursuant to delegated                                                                       Specialist Criteria includes ‘‘electronic
                                                  authority.9                                             A. Self-Regulatory Organization’s                        volume,’’ this can be composed of
                                                  Brent J. Fields,                                        Statement of the Purpose of, and the                     liquidity-taking volume. The Exchange
                                                  Secretary.                                              Statutory Basis for, the Proposed Rule                   believes the new criterion would enable
                                                                                                          Change                                                   the Exchange to better account for the
                                                  [FR Doc. 2016–06993 Filed 3–28–16; 8:45 am]
                                                                                                                                                                   liquidity-making volume of each
                                                  BILLING CODE 8011–01–P                                  1. Purpose                                               Specialist and e-Specialist. The
                                                                                                             The Exchange is proposing changes to                  Exchange believes this proposal also
                                                                                                          Rule 964.2NY regarding the                               provides the Exchange the ability to
                                                  SECURITIES AND EXCHANGE
                                                                                                          participation entitlement formula for                    reward Specialists and e-Specialists that
                                                  COMMISSION
                                                                                                          Specialists and e-Specialists as                         contribute significant volumes through
                                                  [Release No. 34–77435; File No. SR–                     described below.4                                        market making activity. The Exchange
                                                  NYSEMKT–2016–41]                                           Rule 964NY sets forth the priority for                believes that having the ability to
                                                                                                          the allocation of incoming orders to                     reward such participants would
                                                  Self-Regulatory Organizations; NYSE                                                                              incentivize Specialist Pool Participants
                                                                                                          resting interest at a particular price in
                                                  MKT LLC; Notice of Filing and                                                                                    to increase their posted volume on the
                                                                                                          the System,5 which includes the
                                                  Immediate Effectiveness of Proposed                                                                              Exchange, which benefits other market
                                                                                                          allocation to the Specialist Pool.6 Rule
                                                  Rule Change to Rule 964.2NY                                                                                      participants through the improvement
                                                                                                          964.2NY sets forth the participant
                                                  Regarding the Participation                                                                                      of the price and size of the displayed
                                                                                                          entitlement formula applicable to the
                                                  Entitlement Formula for Specialists                                                                              market.
                                                                                                          Specialist Pool and provides that, on a
                                                  and e-Specialists                                                                                                   The Exchange also proposes at this
                                                                                                          quarterly basis, the Exchange will
                                                  March 23, 2016.                                         determine a Primary Specialist in each                   time to make a procedural change for
                                                     Pursuant to Section 19(b)(1) 1 of the                option class.                                            announcements regarding the Primary
                                                  Securities Exchange Act of 1934 (the                       To select the Primary Specialist, the                 Specialist Criteria and any additional
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  Exchange objectively evaluates the                       weighting to the Primary Specialist
                                                  notice is hereby given that on March 21,                relative quote performance of each                       amongst the Specialist Pool. Presently
                                                  2016, NYSE MKT LLC (the ‘‘Exchange’’                    Specialist and e-Specialist focusing on                  the Exchange issues Regulatory
                                                  or ‘‘NYSE MKT’’) filed with the                         one or more of the following optional                    Bulletins when making such
                                                  Securities and Exchange Commission                      factors: time and size at the NBBO,                      announcements. Going forward, the
                                                  (the ‘‘Commission’’) the proposed rule                  average quote width, average quote size,                 Exchange proposes to issue a Trader
                                                  change as described in Items I and II                                                                            Update in lieu of a Regulatory Bulletin.
                                                  below, which Items have been prepared
                                                                                                            4 A Specialist is ‘‘an individual or entity that has   Regulatory Bulletins generally contain
                                                  by the self-regulatory organization. The
                                                                                                          been deemed qualified by the Exchange for the            information regarding legal and
                                                                                                          purpose of making transactions on the Exchange in        regulatory matters while Trader Updates
                                                  Commission is publishing this notice to                 accordance with the provisions of Rule 920NY
                                                  solicit comments on the proposed rule                   [Market Makers], and who meets the qualification         deal with issues such as trading,
                                                  change from interested persons.                         requirements of Rule 927NY(b) [Specialists]. Each        systems changes and real-time market
                                                                                                          Specialist must be registered with the Exchange as
                                                  I. Self-Regulatory Organization’s                       a Market Maker. Any ATP Holder registered as a              7 See Rule 964.2NY(a). The Primary Specialist’s
                                                                                                          Market Maker with the Exchange is eligible to be         size pro-rata participation in the Specialist Pool
                                                  Statement of the Terms of Substance of                  qualified as a Specialist. See Rule 900.2NY(76).         also receives additional weighting amongst
                                                  the Proposed Rule Change                                Rule 923NY(b) also provides that ‘‘[t]he Exchange        Specialist Pool participants, which is determined
                                                                                                          may designate e-Specialists in an option class in        by the Exchange and announced via Regulatory
                                                     The Exchange proposes to Rule                        accordance with Rule 927.4NY[e-Specialists].’’ Id.       Bulletin. See Rule 964.2NY(b)(3)(A).
                                                  964.2NY regarding the participation                       5 The term ‘‘System’’ refers to the Exchange’s
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                      8 See Securities Exchange Release No. 34–67421
                                                  entitlement formula for Specialists and                 electronic order delivery, execution and reporting       (July 12, 2012), 77 FR 42349 (July 18, 2012) (SR–
                                                  e-Specialists. The proposed rule change                 system through which orders and quotes for listed        NYSEAmex–2012–31) (approval order).
                                                  is available on the Exchange’s Web site                 options are consolidated for execution and/or               9 The Consolidated Book is ‘‘the Exchange’s
                                                                                                          display. See Rule 900.2NY(48) (defining ‘‘Exchange       electronic book of limit orders for the accounts of
                                                                                                          System’’ or ‘‘System’’).                                 Customers and broker-dealers, and Quotes with
                                                    9 17 CFR 200.30–3(a)(12).                               6 The Specialist Pool refers to the aggregated size    Size. All orders and Quotes with Size that are
                                                    1 15 U.S.C.78s(b)(1).                                 of the best bid and best offer, in a given series,       entered into the Book will be ranked and
                                                    2 15 U.S.C. 78a.
                                                                                                          amongst the Specialist and e-Specialists that match      maintained in accordance with the rules of priority
                                                    3 17 CFR 240.19b–4.                                   in price. See Rule 900.2NY(75).                          as provided in Rule 964NY.’’ See Rule 900.2NY(14).



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                                                  17528                         Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices

                                                  announcements. The Exchange believes                    Trader Updates, would foster                              A proposed rule change filed under
                                                  that it is more appropriate to make                     cooperation and coordination with                      Rule 19b–4(f)(6) 15 normally does not
                                                  announcements regarding the Primary                     persons engaged in facilitating                        become operative for 30 days after the
                                                  Specialist via Trader Update. Trader                    transactions in securities as Trader                   date of filing. However, pursuant to
                                                  Updates, like Regulatory Bulletins, are                 Updates deal with issues such as                       Rule 19b–4(f)(6)(iii),16 the Commission
                                                  electronically distributed to ATP                       trading, systems changes and real-time                 may designate a shorter time if such
                                                  Holders and posted on the Exchange’s                    market announcements and are                           action is consistent with the protection
                                                  Web site. Accordingly, the Exchange                     electronically distributed to ATP                      of investors and the public interest. The
                                                  proposes to amend current Rule                          Holders and posted on the Exchange’s                   Exchange has requested that the
                                                  964.2NY(a) and (b)(3)(A) by replacing                   Web site.                                              Commission waive the 30-day operative
                                                  reference to ‘‘Regulatory Bulletin’’ with                                                                      delay so that the proposal may become
                                                                                                          B. Self-Regulatory Organization’s
                                                  ‘‘Trader Update.’’ Thus, for example, the                                                                      operative immediately upon filing. The
                                                                                                          Statement on Burden on Competition
                                                  Exchange will publish the Primary                                                                              Exchange states that this waiver would
                                                  Specialist Criteria, including the relative               The Exchange does not believe that                   enable the Exchange to apply the
                                                  weighting of each factor, by Trader                     the proposed rule change would impose                  proposed modified Primary Specialist
                                                  Update at least 5 business days prior to                any burden on competition that is not                  Criteria for the second quarter starting
                                                  an evaluation period.10                                 necessary or appropriate in furtherance                April 1, 2016. The Commission believes
                                                                                                          of the purposes of the Act. The                        that waiving the 30-day operative delay
                                                  2. Statutory Basis                                      proposed change is designed to enhance                 is consistent with the protection of
                                                     The Exchange believes the proposed                   quote competition among Specialist                     investors and the public interest. As
                                                  rule change is consistent with Section                  Pool participants and would not have                   stated in the filing, the Exchange
                                                  6(b) 11 of the Securities Exchange Act of               any adverse impact on quote                            believes that the proposed rule change
                                                  1934 (the ‘‘Act’’), in general, and                     competition within the Exchange. In                    would promote quote competition
                                                  furthers the objectives of Section                      addition, the proposal permits the                     among the Specialist Pool participants
                                                  6(b)(5),12 in particular, in that it is                 Exchange to consider an additional                     by enabling the Exchange to consider
                                                  designed to promote just and equitable                  objective factor in determining the                    liquidity-making electronic volume
                                                  principles of trade, to foster cooperation              Primary Specialist. Should the                         among the objective factors considered
                                                  and coordination with persons engaged                   Exchange decide to use such a factor, it               in the Primary Specialist Criteria. The
                                                  in facilitating transactions in securities,             would announce the modified Primary                    waiver of the operative delay will
                                                  and to remove impediments to and                        Specialist Criteria in advance of the                  enable the Exchange to apply the
                                                  perfect the mechanism of a free and                     evaluation period. As is the case today,               proposed modified Primary Specialist
                                                  open market and a national market                       Specialists Pool participants would                    Criteria for the second quarter starting
                                                  system.                                                 have ample notice of the modified                      April 1, 2016, and to announce the
                                                     As noted by the Exchange, the                        Primary Specialist Criteria and could                  modified Primary Specialist Criteria by
                                                  proposed rule change would promote                      opt to modify their market making                      Trader Update at least five days before
                                                  just and equitable principles of trade as               activities to better compete for the                   the start of the April 1st evaluation
                                                  it is intended to enhance quote                         Primary Specialist designation.                        period, to help ensure that Specialists
                                                  competition among the Specialist Pool
                                                                                                          C. Self-Regulatory Organization’s                      and e-Specialists are given ample notice
                                                  participants by enabling the Exchange to
                                                                                                          Statement on Comments on the                           of the proposed change. The Exchange
                                                  include liquidity-making electronic
                                                                                                          Proposed Rule Change Received From                     notes that while the modified Primary
                                                  volume among the objective factors
                                                                                                          Members, Participants, or Others                       Specialist Criteria would be announced
                                                  considered in the Primary Specialist
                                                                                                            No written comments were solicited                   for the second quarter, starting April 1st,
                                                  Criteria. The Exchange believes this
                                                                                                          or received with respect to the proposed               the actual evaluation would not be
                                                  proposal also provides the Exchange the
                                                                                                          rule change.                                           conducted until the start of the third
                                                  ability to reward Specialists and e-
                                                                                                                                                                 quarter (i.e., July 1, 2016). Accordingly,
                                                  Specialists who contribute significant                  III. Date of Effectiveness of the                      the Commission designates the
                                                  volumes through market making                           Proposed Rule Change and Timing for                    proposed rule change to be operative
                                                  activity. The Exchange believes that                    Commission Action                                      upon filing.17
                                                  having the ability to reward such
                                                                                                             Because the proposed rule change                       At any time within 60 days of the
                                                  participants would incentivize
                                                                                                          does not (i) significantly affect the                  filing of the proposed rule change, the
                                                  Specialist Pool Participants to increase
                                                                                                          protection of investors or the public                  Commission summarily may
                                                  their posted volume on the Exchange,
                                                                                                          interest; (ii) impose any significant                  temporarily suspend such rule change if
                                                  which benefits other market participants
                                                                                                          burden on competition; and (iii) become                it appears to the Commission that such
                                                  through the improvement of the price
                                                                                                          operative for 30 days from the date on                 action is necessary or appropriate in the
                                                  and size of the displayed market. The
                                                                                                          which it was filed, or such shorter time               public interest, for the protection of
                                                  proposal would remove impediments to
                                                                                                          as the Commission may designate if                     investors, or otherwise in furtherance of
                                                  and perfect the mechanism of a free and
                                                                                                          consistent with the protection of                      the purposes of the Act. If the
                                                  open market and a national market
                                                                                                          investors and the public interest, the                 Commission takes such action, the
                                                  system because enhanced quote
                                                  competition should lead to narrower                     proposed rule change has become
                                                                                                          effective pursuant to Section 19(b)(3)(A)              at least five business days prior to the date of filing
                                                  spreads and more liquid markets, which                                                                         of the proposed rule change, or such shorter time
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                                                  should attract more order flow to the                   of the Act 13 and Rule 19b–4(f)(6)                     as designated by the Commission. The Exchange
                                                  Exchange, thereby benefiting investors.                 thereunder.14                                          has satisfied this requirement.
                                                                                                                                                                    15 17 CFR 240.19b–4(f)(6).
                                                     Finally, the replacement of references
                                                                                                            13 15  U.S.C. 78s(b)(3)(A).                             16 17 CFR 240.19b–4(f)(6)(iii).
                                                  to Regulatory Bulletin with references to                 14 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      17 For purposes only of waiving the 30-day

                                                                                                          4(f)(6)(iii) requires the Exchange to give the         operative delay, the Commission has also
                                                    10 See proposed Rule 964.2NY(a).                      Commission written notice of the Exchange’s intent     considered the proposed rule’s impact on
                                                    11 15 U.S.C. 78f(b).                                  to file the proposed rule change, along with a brief   efficiency, competition, and capital formation. See
                                                    12 15 U.S.C. 78f(b)(5).                               description and text of the proposed rule change,      15 U.S.C. 78c(f).



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                                                                                Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices                                             17529

                                                  Commission shall institute proceedings                    For the Commission, by the Division of               SECURITIES AND EXCHANGE
                                                  to determine whether the proposed rule                  Trading and Markets, pursuant to delegated             COMMISSION
                                                  should be approved or disapproved.                      authority.18
                                                                                                          Brent J. Fields,                                       [Release No. 34–77427; File No. SR–ICEEU–
                                                  IV. Solicitation of Comments
                                                                                                          Secretary.                                             2016–003]
                                                    Interested persons are invited to                     [FR Doc. 2016–06999 Filed 3–28–16; 8:45 am]
                                                  submit written data, views, and                         BILLING CODE 8011–01–P                                 Self-Regulatory Organizations; ICE
                                                  arguments concerning the foregoing,                                                                            Clear Europe Limited; Notice of Filing
                                                  including whether the proposed rule                                                                            and Immediate Effectiveness of a
                                                  change is consistent with the Act.                      SECURITIES AND EXCHANGE                                Proposed Rule Change Relating to
                                                  Comments may be submitted by any of                     COMMISSION                                             Additions to Permitted Cover
                                                  the following methods:
                                                                                                          Sunshine Act Meeting                                   March 23, 2016.
                                                  Electronic Comments                                                                                               Pursuant to section 19(b)(1) of the
                                                                                                            Notice is hereby given, pursuant to                  Securities Exchange Act of 1934
                                                    • Use the Commission’s Internet
                                                                                                          the provisions of the Government in the                (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  comment form (http://www.sec.gov/
                                                                                                          Sunshine Act, Public Law 94–409, that                  notice is hereby given that on March 11,
                                                  rules/sro.shtml); or
                                                                                                          the Securities and Exchange                            2016, ICE Clear Europe Limited (‘‘ICE
                                                    • Send an email to rule-comments@                     Commission will hold a Closed Meeting                  Clear Europe’’) filed with the Securities
                                                  sec.gov. Please include File Number SR–                 on Thursday, March 31, 2016 at 2:00                    and Exchange Commission
                                                  NYSEMKT–2016–41 on the subject line.                    p.m.                                                   (‘‘Commission’’) the proposed rule
                                                  Paper Comments                                            Commissioners, Counsel to the                        changes described in Items I, II and III
                                                                                                          Commissioners, the Secretary to the                    below, which Items have been prepared
                                                    • Send paper comments in triplicate                   Commission, and recording secretaries                  primarily by ICE Clear Europe. ICE Clear
                                                  to Secretary, Securities and Exchange                   will attend the Closed Meeting. Certain                Europe filed the proposal pursuant to
                                                  Commission, 100 F Street NE.,                           staff members who have an interest in                  section 19(b)(3)(A) of the Act,3 and Rule
                                                  Washington, DC 20549–1090.                              the matters also may be present.                       19b–4(f)(4)(ii)4 thereunder, so that the
                                                  All submissions should refer to File                      The General Counsel of the                           proposal was effective upon filing with
                                                  Number SR–NYSEMKT–2016–41. This                         Commission, or her designee, has                       the Commission. The Commission is
                                                  file number should be included on the                   certified that, in her opinion, one or                 publishing this notice to solicit
                                                  subject line if email is used. To help the              more of the exemptions set forth in 5                  comments on the proposed rule change
                                                  Commission process and review your                      U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)             from interested persons.
                                                  comments more efficiently, please use                   and 17 CFR 200.402(a)(3), (5), (7), 9(ii)              I. Self-Regulatory Organization’s
                                                  only one method. The Commission will                    and (10), permit consideration of the                  Statement of the Terms of Substance of
                                                  post all comments on the Commission’s                   scheduled matter at the Closed Meeting.                the Proposed Rule Change
                                                  Internet Web site (http://www.sec.gov/
                                                                                                            Commissioner Stein, as duty officer,
                                                  rules/sro.shtml). Copies of the                                                                                   The principal purpose of the changes
                                                                                                          voted to consider the items listed for the
                                                  submission, all subsequent                                                                                     is to permit F&O Clearing Members of
                                                  amendments, all written statements                      Closed Meeting in closed session.
                                                                                                                                                                 ICE Clear Europe to provide qualifying
                                                  with respect to the proposed rule                         The subject matter of the Closed                     high-grade corporate and other non-
                                                  change that are filed with the                          Meeting will be:                                       sovereign or ‘‘semi-government’’ bonds
                                                  Commission, and all written                               Institution and settlement of                        (‘‘Non-Sovereign Permitted Cover’’) to
                                                  communications relating to the                          injunctive actions;                                    ICE Clear Europe as Permitted Cover to
                                                  proposed rule change between the                                                                               satisfy original margin requirements for
                                                                                                            Institution and settlement of
                                                  Commission and any person, other than                                                                          the F&O product category.
                                                                                                          administrative proceedings; and
                                                  those that may be withheld from the
                                                  public in accordance with the                             Other matters relating to enforcement                II. Self-Regulatory Organization’s
                                                  provisions of 5 U.S.C. 552, will be                     proceedings.                                           Statement of the Purpose of, and
                                                  available for Web site viewing and                        At times, changes in Commission                      Statutory Basis for, the Proposed Rule
                                                  printing in the Commission’s Public                     priorities require alterations in the                  Change
                                                  Reference Room, 100 F Street NE.,                       scheduling of meeting items.
                                                  Washington, DC 20549, on official                                                                                In its filing with the Commission, ICE
                                                                                                            For further information and to                       Clear Europe included statements
                                                  business days between the hours of
                                                                                                          ascertain what, if any, matters have been              concerning the purpose of and basis for
                                                  10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                          added, deleted or postponed, please                    the proposed rule change. The text of
                                                  filing also will be available for
                                                                                                          contact the Office of the Secretary at                 these statements may be examined at
                                                  inspection and copying at the principal
                                                                                                          (202) 551–5400.                                        the places specified in Item IV below.
                                                  office of the Exchange. All comments
                                                  received will be posted without change;                   Dated: March 24, 2016.                               ICE Clear Europe has prepared
                                                  the Commission does not edit personal                   Brent J. Fields,                                       summaries, set forth in sections A, B,
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                                                  identifying information from                            Secretary.                                             and C below, of the most significant
                                                  submissions. You should submit only                                                                            aspects of such statements.
                                                                                                          [FR Doc. 2016–07108 Filed 3–25–16; 11:15 am]
                                                  information that you wish to make                       BILLING CODE 8011–01–P
                                                  available publicly. All submissions                                                                              1 15 U.S.C. 78s(b)(1).
                                                  should refer to File Number SR–                                                                                  2 17 CFR 240.19b–4.
                                                  NYSEMKT–2016–41, and should be                                                                                   3 15 U.S.C. 78s(b)(3)(A).

                                                  submitted on or before April 19, 2016.                    18 17   CFR 200.30–3(a)(12).                           4 17 CFR 240.19b–4(f)(4)(ii).




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Document Created: 2016-03-30 08:28:47
Document Modified: 2016-03-30 08:28:47
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 17527 

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