81_FR_95454 81 FR 95206 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 3317 (Compliance With Regulation NMS Plan To Implement a Tick Size Pilot)

81 FR 95206 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 3317 (Compliance With Regulation NMS Plan To Implement a Tick Size Pilot)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range95206-95210
FR Document2016-31106

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95206-95210]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31106]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79614; File No. SR-Phlx-2016-121]


Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 3317 
(Compliance With Regulation NMS Plan To Implement a Tick Size Pilot)

December 20, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on December 13, 2016, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II below, which 
Items have been prepared by the Exchange. 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\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 3317 (Compliance with 
Regulation NMS Plan to Implement a Tick Size Pilot) relating to the 
handling to certain Order Types in Test Group Three Pilot Securities in 
connection with the Regulation NMS Plan to Implement a Tick Size Pilot 
Program (``Plan'' or ``Pilot'').\3\ Relatedly, the Exchange also 
proposes to delete Commentary .14, which addresses the current handling 
of those Order Types. Finally, Phlx proposes to add language to Rule 
3317(d)(1) to clarify the treatment of orders in a Test Group Three 
Security entered through the RASH or FIX protocols.
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    \3\ See Securities Exchange Act Release No. 74892 (May 6, 2015), 
80 FR 27513 (May 13, 2015) (``Approval Order'').
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqphlx.cchwallstreet.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 Exchange 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 these 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 aspects of such 
statements.

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

1. Purpose
    On September 7, 2016, the Exchange filed with the Securities and 
Exchange Commission (``SEC'' or ``Commission'') a proposed rule change 
(``Proposal'') to adopt paragraph (d) and Commentary .12 to Exchange 
Rule 3317 to describe changes to system functionality necessary to 
implement the Plan. The Exchange also proposed amendments to Rule 
3317(a) and (c) to clarify how the Trade-at exception may be satisfied. 
The SEC published the Proposal in the Federal Register for notice and

[[Page 95207]]

comment on September 20, 2016.\4\ Phlx subsequently filed three Partial 
Amendments to clarify aspects of the Proposal. The Commission approved 
the Proposal, as amended, on October 7, 2016.\5\
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    \4\ See Securities Exchange Act Release No. 78835 (September 14, 
2016), 81 FR 64552 (September 20, 2016) (SR-Phlx-2016-92).
    \5\ See Securities Exchange Act Release No. 79074 (October 7, 
2016) (SR-Phlx-2016-92).
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    In SR-Phlx-2016-92, Phlx had initially proposed a re-pricing 
functionality for Price to Comply Orders, Non-Displayed Orders, and 
Post-Only Orders entered through the OUCH and FLITE protocols in Test 
Group Three Pilot Securities.\6\ Phlx subsequently determined that it 
would not offer this re-pricing functionality for Price to Comply 
Orders, Non-Displayed Orders, and Post-Only Orders entered through the 
OUCH and FLITE protocols in Group Three Pilot Securities. As part of 
Partial Amendment No. 2 to SR-Phlx-2016-92, Phlx proposed to delete the 
relevant language from Rule 3317 related to this re-pricing 
functionality.
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    \6\ As originally proposed, Rule 3317(d)(2) stated that Price to 
Comply Orders in a Test Group Three Pilot Security will be adjusted 
repeatedly in accordance with changes to the NBBO until such time as 
the Price to Comply Order is able to be ranked and displayed at its 
original entered limit price. Rule 3317(d)(3) stated that, if market 
conditions allow, a Non-Displayed Order in a Test Group Three Pilot 
Security will be adjusted repeatedly in accordance with changes to 
the NBBO up (down) to the Order's limit price. Rule 3317(d)(4) 
stated that, if market conditions allow, the Post-Only Order in a 
Test Group Three Pilot Security will be adjusted repeatedly in 
accordance with changes to the NBBO or the best price on the Phlx 
Book, as applicable until such time as the Post-Only Order is able 
to be ranked and displayed at its original entered limit price.
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    In that amendment, Phlx noted that this change would only impact 
the treatment of Price to Comply Orders, Non-Displayed Orders, and 
Post-Only orders that are submitted through the OUCH and FLITE 
protocols in Test Group Three Pilot Securities, as these types of 
Orders that are currently submitted to Phlx through the RASH or FIX 
protocols are already subject to this re-pricing functionality and will 
remain subject to this functionality under the Pilot.
    In the Amendment, Phlx further noted that its systems are currently 
programmed so that Price to Comply Orders, Non-Displayed Orders and 
Post-Only Orders entered through the OUCH and FLITE protocols in Test 
Group Three Pilot Securities may be adjusted repeatedly to reflect 
changes to the NBBO and/or the best price on the Phlx book. Phlx stated 
that it was re-programming its systems to remove this functionality for 
Price to Comply Orders, Non-Displayed Orders and Post-Only Orders 
entered through the OUCH and FLITE protocols in Test Group Three Pilot 
Securities. In the Amendment, Phlx stated that it anticipated that this 
re-programming shall be completed no later than November 30, 2016. If 
it appeared that this functionality would remain operational by October 
17, 2016, Phlx indicated that it would file a proposed rule change with 
the SEC and will provide notice to market participants sufficiently in 
advance of that date to provide effective notice. The rule change and 
the notice to market participants would describe the current operation 
of the Phlx systems in this regard, and the timing related to the re-
programming.
    On October 17, 2016, Phlx filed a proposal to extend the date by 
which it would complete the re-programing of its systems to eliminate 
the re-pricing functionality in Test Group Three Pilot Securities for 
Price to Comply Orders, Price to Display Orders, Non-Displayed Orders, 
and Post-Only Orders that are entered through the OUCH or FLITE 
protocols.\7\ In that proposal, Phlx stated that it anticipated that 
this re-programming shall be complete on or before October 31, 2016.\8\ 
As Phlx continued to re-program its systems to eliminate the re-pricing 
functionality in Test Group Three Pilot Securities for Price to Comply 
Orders, Price to Display Orders, Non-Displayed Orders, and Post-Only 
Orders that are entered through the OUCH or FLITE protocols, it 
extended the date by which the re-programming shall be complete to the 
current date of December 12, 2016.\9\
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    \7\ See Securities Exchange Act Release No. 79156 (October 25, 
2016) (SR-Phlx-2016-106).
     Subsequent to the approval of SR-Phlx-2016-92, Phlx become 
aware that this re-pricing functionality also applies to Price to 
Display Orders that are entered through the OUCH and FLITE protocols 
in Test Group Three Securities, and amended Commentary .14 to 
indicate that Price to Display Orders will be treated in the same 
manner as Price to Comply Orders under the re-pricing functionality. 
Id.
    \8\ Id.
    \9\ See Securities Exchange Release Nos. 79261 (November 8, 
2016), 81 FR 80134 (November 15, 2016) (SR-Phlx-2016-110) (extending 
current re-pricing functionality to November 14, 2016); 79407 
(November 28, 2016), 81 FR 87089 (December 2, 2016) (SR-Phlx-2016-
114) (extending current re-pricing functionality to December 12, 
2016).
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    Phlx has now completed re-programming its systems to eliminate the 
re-pricing functionality in Test Group Three Pilot Securities for Price 
to Comply Orders, Price to Display Orders, Non-Displayed Orders, and 
Post-Only Orders that are entered through the OUCH or FLITE protocols. 
However, as a result of removing the re-pricing functionality, there 
are instances, due to the different functionality of the OUCH and FLITE 
protocols in comparison to the other applicable Phlx protocols, where 
the behavior of certain Order Types entered through the OUCH and FLITE 
protocols in Test Group Three Pilot Securities will differ from the 
behavior of those Order Types as set forth in Rule 3317; specifically, 
the behavior of Price to Comply Orders, Non-Displayed Orders, and Post-
Only Orders entered through the OUCH and FLITE protocols when the Order 
locks or crosses a Protected Quotation. Phlx is therefore amending Rule 
3317 to clarify these differences. Although the changes made to Price 
to Comply Orders, Non-Displayed Orders, and Post-Only Orders entered 
through OUCH and FLITE reflect the different functionality of the OUCH 
and FLITE protocols in comparison with the other Phlx protocols, the 
proposed changes treat Price to Comply Orders, Non-Displayed Orders and 
Post-Only Orders entered through OUCH and FLITE protocols in Test Group 
Three Securities as consistently as possible with such orders entered 
through OUCH and FLITE in Control Group Securities, and Test Group One 
and Test Group Two Securities. These changes will adjust Price to 
Comply Orders, Non-Displayed Orders, and Post-Only Orders entered 
through OUCH and FLITE when the Order has been ranked at a midpoint of 
the NBBO that then becomes impermissible due to changes in the NBBO.
Price To Comply Orders
    Currently, Rule 3317(d)(2) states that a Price to Comply Order in a 
Test Group Pilot Security will operate as described in Rule 3301A(b)(1) 
except as provided under this paragraph. If a Price to Comply Order for 
a Test Group Three Pilot Security is partially executed upon entry and 
the remainder would lock a Protected Quotation of another market 
center, the unexecuted portion of the Order will be cancelled. If the 
Order is not executable against any previously posted orders on the 
Exchange Book, and the limit price of a buy (sell) Price to Comply 
Order in a Test Group Three Pilot Security would lock or cross a 
Protected Quotation of another market center, the Order will display at 
one minimum price increment below (above) the Protected Quotation, and 
the Order will be ranked on the Exchange Book at the current midpoint 
of NBBO.
    Phlx proposes to augment this provision to clarify the behavior of 
Price to Comply Orders entered through the OUCH or FLITE protocols in 
Test Group Three Pilot Securities that lock or cross a Protected 
Quotation. Specifically, a

[[Page 95208]]

Price to Comply Order in a Test Group Three Pilot Security entered 
through OUCH or FLITE may be adjusted in the following manner after 
initial entry and posting to the Phlx Book.
    If entered at a price that locked a Protected Quotation, and if the 
NBBO changes such that its price will no longer lock a Protected 
Quotation, the Price to Comply Order will be adjusted to rank and 
display at its original entered limit price.\10\
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    \10\ Phlx notes that a Price to Comply Order will always be 
adjusted in this scenario, regardless of its port setting.
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    If entered at a price that crossed a Protected Quotation, and if 
the NBBO changes such that it can be ranked at the price of the 
Protected Quotation it crossed, the Price to Comply Order, based on the 
participant's choice, may either be (i) cancelled or (ii) adjusted to 
rank at the price of the Protected Quotation it crossed upon entry with 
its displayed price remaining unchanged.
    If, after being posted on the Phlx Book, the non-displayed price of 
a Price to Comply Order becomes locked or crossed by a Protected 
Quotation due to a change in the NBBO, or if the Price to Comply Order 
is at an impermissible price under Regulation NMS or the Plan and it 
cannot otherwise be adjusted as above, the Price to Comply Order will 
be cancelled.\11\
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    \11\ For example, if the National Best Bid is $10.00 and the 
National Best Offer is $10.10, and a Price to Comply Order to buy at 
$10.15 is entered, the Price to Comply Order will be displayed at 
$10.05 and ranked at $10.075. If the National Best Offer then 
changes to $10.15, the Price to Comply Order will be adjusted to 
rank at $10.10, and will remain displayed at $10.05. If the National 
Best Offer subsequently changes to $10.10, the Price to Comply Order 
will be cancelled.
    Phlx notes that a Price to Comply Order, Non-Displayed Order, or 
Post-Only Order entered through OUCH or FLITE in either a Control 
Group Security, a Test Group One Pilot Security or a Test Group Two 
Pilot Security would only cancel if the resting order is crossed 
(not locked) by a Protected Quotation due to a change in the NBBO.
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Non-Displayed Orders
    Currently, Rule 3317(d)(3) states that a Non-Displayed Order in a 
Test Group Pilot Security will operate as described in Rule 3301A(b)(3) 
except as provided under this paragraph. A resting Non-Displayed Order 
in a Test Group Three Pilot security cannot execute at the price of a 
Protected Quotation of another market center unless the incoming Order 
otherwise qualifies for an exception to the Trade-at prohibition 
provided under Rule 3317(c)(3)(D). If the limit price of a buy (sell) 
Non-Displayed Order in a Test Group Three Pilot Security would lock or 
cross a Protected Quotation of another market center, the Order will be 
ranked on the Exchange Book at either one minimum price increment below 
(above) the National Best Offer (National Best Bid) or at the midpoint 
of the NBBO, whichever is higher (lower). For a Non-Displayed Order in 
a Test Group Three Pilot Security entered through RASH or FIX, if after 
being posted to the Exchange Book, the NBBO changes so that the Non-
Displayed Order would no longer be executable at its posted price due 
to the requirements of Regulation NMS or the Plan, the Non-Displayed 
Order will be repriced to a price that is at either one minimum price 
increment below (above) the National Best Offer (National Best Bid) or 
at the midpoint of the NBBO, whichever is higher (lower) and will 
receive a new timestamp. For a Non-Displayed Order in a Test Group 
Three Pilot Security entered through OUCH or FLITE, if after such a 
Non-Displayed Order is posted to the Exchange Book, the NBBO changes so 
that the Non-Displayed Order would no longer be executable at its 
posted price due to the requirements of Regulation NMS or the Plan, the 
Non-Displayed Order will be cancelled back to the Participant.
    Phlx proposes to amend this provision to clarify the behavior of 
Non-Displayed Orders entered through the OUCH or FLITE protocols in 
Test Group Three Pilot Securities that lock or cross a Protected 
Quotation. Specifically, a Non-Displayed Order in a Test Group Three 
Pilot Security entered through OUCH or FLITE may be adjusted in the 
following manner after initial entry and posting to the Phlx Book.
    If entered at a price that locked a Protected Quotation, and if the 
NBBO changes such that its price would no longer lock a Protected 
Quotation, the Non-Displayed Order will be adjusted to rank at its 
original entered limit price.\12\
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    \12\ Phlx notes that a Non-Displayed Order will always be 
adjusted in this scenario, regardless of its port setting.
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    If entered at a price that crossed a Protected Quotation, and if 
the NBBO changes such that it can be ranked at the price of the 
Protected Quotation it crossed, the Order, based on the Participant's 
choice, may either be (i) cancelled or (ii) adjusted to rank at the 
price of the Protected Quotation it crossed.\13\
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    \13\ For example, if the National Best Bid is $10.00 and the 
National Best Offer is $10.10, and a Non-Displayed Order to buy at 
$10.15 is entered, the Non-Displayed Order will be ranked at $10.05. 
If the National Best Offer then changes to $10.15, the Non-Displayed 
Order may either be adjusted to rank at $10.10, or may be cancelled 
back to the Participant.
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    If entered at a price that locked or crossed a Protected Quotation, 
and if the NBBO changes such that it cannot be ranked at the price of 
the Protected Quotation it locked or crossed but can be ranked closer 
to its original limit price, the Non-Displayed Order will be adjusted 
to the new midpoint of the NBBO.\14\
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    \14\ For example, if the National Best Bid is $10.00 and the 
National Best Offer is $10.10, and a Non-Displayed Order to buy at 
$10.10 is entered, the Non-Displayed Order will be ranked at $10.05. 
If the National Best Bid then changes to $10.05, the price of the 
Non-Displayed Order will be adjusted to $10.075.
    Phlx notes that a Non-Displayed Order entered through OUCH or 
FLITE in either a Control Group Security, a Test Group One Pilot 
Security or a Test Group Two Pilot Security would be ranked at the 
locking price upon entry.
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    If, after being posted on the Phlx Book, the Non-Displayed Order 
becomes locked or crossed by a Protected Quotation due to a change in 
the NBBO, or if the Non-Displayed Order is at an impermissible price 
under Regulation NMS or the Plan and it cannot otherwise be adjusted as 
above, the Non-Displayed Order will be cancelled.\15\
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    \15\ For example, if the National Best Bid is $10.00 and the 
National Best Offer is $10.10, and a Non-Displayed Order to buy at 
$10.10 is entered, the Non-Displayed Order will be ranked at $10.05. 
If the National Best Offer then changes to $10.05, the Non-Displayed 
Order will be cancelled back to the Participant.
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Post-Only Orders
    Currently, Rule 3317(d)(4) states that a Post-Only Order in a Test 
Group Pilot Security will operate as described in Rule 3301A(b)(4) 
except as provided under this paragraph. For orders that are not 
attributable, if the limit price of a buy (sell) Post-Only Order in a 
Test Group Three Pilot Security would lock or cross a Protected 
Quotation of another market center, the Order will display at one 
minimum price increment below (above) the Protected Quotation, and the 
Order will be ranked on the Exchange Book at the current midpoint of 
the NBBO.
    Phlx proposes to augment this provision to clarify the behavior of 
Post-Only Orders entered through the OUCH or FLITE protocols in Test 
Group Three Pilot Securities that lock or cross a Protected Quotation. 
Specifically, a Non-Attributable Post-Only Order in a Test Group Three 
Pilot Security entered through OUCH or FLITE may be adjusted in the 
following manner after initial entry and posting to the Phlx Book.
    If entered at a price that locked a Protected Quotation, and if the 
NBBO changes such that its price will no longer lock a Protected 
Quotation, the Post-Only Order will be adjusted to rank

[[Page 95209]]

and display at its original entered limit price.\16\
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    \16\ Phlx notes that a Post-Only Order will always be adjusted 
in this scenario, regardless of its port setting.
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    If entered at a price that crossed a Protected Quotation, and if 
the NBBO changes such that it can be ranked at the price of the 
Protected Quotation it crossed, the Post-Only Order, based on the 
Participant's choice, may either be (i) cancelled or (ii) adjusted to 
rank at the price of the Protected Quotation it crossed upon entry with 
its displayed price remaining unchanged.
    If, after being posted on the Phlx Book, the non-displayed price of 
a resting Post-Only Order becomes locked or crossed by a Protected 
Quotation due to a change in the NBBO, or if the Post-Only Order is at 
an impermissible price under Regulation NMS or the Plan and it cannot 
otherwise be adjusted as above, the Post-Only Order will be cancelled.
Commentary .14
    In removing the current re-pricing functionality, Commentary .014 
[sic], which addresses the behavior of current treatment of Price to 
Comply Orders, Price to Display Orders, Non-Displayed Orders, and Post-
Only Orders that are entered through the OUCH or FLITE protocols in 
Test Group Three Pilot Securities, is no longer necessary.\17\ The 
Exchange therefore proposes to delete this Commentary from the Rule.
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    \17\ Under Commentary .14, the current treatment of Price to 
Comply Orders, Price to Display Orders, Non-Displayed Orders, and 
Post-Only Orders that are entered through the OUCH or FLITE 
protocols in Test Group Three securities is as follows:
    Until December 12, 2016, the treatment of Price to Comply 
Orders, Price to Display Orders, Non-Displayed Orders, and Post-Only 
Orders that are entered through the OUCH or FLITE protocols in Test 
Group Three securities shall be as follows:
    Following entry, and if market conditions allow, a Price to 
Comply Order in a Test Group Three Pilot Security will be adjusted 
repeatedly in accordance with changes to the NBBO until such time as 
the Price to Comply Order is able to be ranked and displayed at its 
original entered limit price.
    Following entry, and if market conditions allow, a Price to 
Display Order in a Test Group Three Pilot Security will be adjusted 
repeatedly in accordance with changes to the NBBO until such time as 
the Price to Display Order is able to be ranked and displayed at its 
original entered limit price.
    Following entry, and if market conditions allow, a Non-Displayed 
Order in a Test Group Three Pilot Security will be adjusted 
repeatedly in accordance with changes to the NBBO up (down) to the 
Order's limit price.
    Following entry, and if market conditions allow, the Post-Only 
Order in a Test Group Three Pilot Security will be adjusted 
repeatedly in accordance with changes to the NBBO or the best price 
on the Exchange Book, as applicable until such time as the Post-Only 
Order is able to be ranked and displayed at its original entered 
limit price.
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    Finally, Phlx proposes to add language to Rule 3317(d)(1) to 
clarify the treatment of orders in a Test Group Three Security entered 
through the RASH or FIX protocols. Specifically, subject to the 
provisions set forth in the remainder of Rule 3317(d), if the entered 
limit price of an Order in a Test Group Three Pilot Security, entered 
through RASH or FIX, locked or crossed a Protected Quotation and the 
NBBO changes so that the Order can be ranked closer to its original 
entered limit price, the price of the Order will be adjusted repeatedly 
in accordance with changes to the NBBO. Phlx is proposing to make this 
change to clarify the current treatment of orders in Test Group Three 
Pilot Securities entered through RASH or FIX.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\18\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\19\ 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.
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    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is consistent 
with the Act because it clarifies the changes the Exchange is making to 
the handling of certain Order Types necessary to implement the 
requirements of the Plan on its System and, in the case of the changes 
of Rule 3317(d)(1), to clarify the current treatment of orders in Test 
Group Three Pilot Securities entered through RASH or FIX.
    As a result of removing the current re-pricing functionality that 
applies to certain Order Types in Test Group Three Securities entered 
through the OUCH and FLITE protocols, and due to the different 
functionality of the OUCH and FLITE protocols in comparison to the 
other applicable Phlx protocols, these Order Types will behave 
differently than is currently set forth in Rule 3317 when entered 
through the OUCH or FLITE protocols in certain instances. As noted 
above, these changes will adjust Price to Comply Orders, Non-Displayed 
Orders, and Post-Only Orders entered through OUCH and FLITE when the 
Order has been ranked at a midpoint of the NBBO that then becomes 
impermissible due to changes in the NBBO. These changes also will 
adjust Price to Comply Orders, Non-Displayed Orders, and Post-Only 
Orders entered through OUCH and FLITE in scenarios where the subsequent 
movement of the NBBO implicates the Trade-at prohibition with respect 
to the resting order.
    By clarifying the behavior of certain Order Types in Test Group 
Three Pilot Securities entered through the OUCH or FLITE protocols, the 
proposal will help allow market participants to continue to trade NMS 
Stocks, within quoting and trading requirements that are in compliance 
with the Plan, with certainty on how certain orders and trading 
interests would be treated. This, in turn, will help encourage market 
participants to continue to provide liquidity in the marketplace.
    More generally, Phlx also notes that the Plan, which was approved 
by the Commission pursuant to an order issued by the Commission in 
reliance on Section 11A of the Act,\20\ provides the Exchange authority 
to establish, maintain, and enforce written policies and procedures 
that are reasonably designed to comply with applicable quoting and 
trading requirements specified in the Plan. The Exchange believes that 
the proposed rule change is consistent with the authority granted to it 
by the Plan to establish specifications and procedures for the 
implementation and operation of the Plan that are consistent with the 
provisions of the Plan. Likewise, the Exchange believes that the 
proposed rule change provides interpretations of the Plan that are 
consistent with the Act, in general, and furthers the objectives of the 
Act, in particular.
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    \20\ 15 U.S.C. 78k-1.
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    Finally, Phlx believes that the proposal is consistent with the Act 
because the proposed functionality will more closely align the handling 
of Price to Comply Orders, Non-Displayed Orders, and Post-Only Orders 
that are entered through the OUCH or FLITE protocols for Test Group 
Three Pilot Securities with the handling of such Orders entered through 
the OUCH or FLITE protocols for Control Group, Test Group One and Test 
Group Two Securities than the current functionality in place for these 
Orders.

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 not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed changes are being 
made to establish, maintain, and enforce written policies and 
procedures that are reasonably designed to comply with the trading and 
quoting requirements specified in the Plan, of which other

[[Page 95210]]

equities exchanges are also Participants. Other competing national 
securities exchanges are subject to the same trading and quoting 
requirements specified in the Plan, and must take the same steps that 
the Exchange has to conform its existing rules to the requirements of 
the Plan. Therefore, the proposed changes would not impose any burden 
on competition, while providing certainty of treatment and execution of 
trading interests on the Exchange to market participants in NMS Stocks 
that are acting in compliance with the requirements specified in the 
Plan.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \21\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\22\
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    \21\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \22\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \23\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\24\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. In this filing, the 
Exchange has asked that the Commission waive the requirement that the 
proposed rule change not become operative for 30 days after the date of 
the filing.
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    \23\ Id.
    \24\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange notes the proposed rule is intended to clarify the 
differences in the handling of certain orders entered into the system 
by different protocols. The Exchange notes that orders will be treated 
as consistently as possible across the Test Groups and the Control 
Group while complying with each grouping's varied quoting and trading 
requirements. Additionally, the Exchange proposed to remove Commentary 
.14 because it is no longer necessary.
    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because the proposal clarifies the Exchange's rules and provides 
transparency to members with regards to the handling of certain orders 
entered via OUCH and FLITE as well as RASH or FIX protocols for locked 
or crossed orders in Test Group Three Pilot Securities. The Commission 
notes that the Exchange proposed to remove the functionality described 
in Commentary .14 and make the necessary corresponding systems changes 
in Partial Amendment No. 2 to Phlx-2016-92, which the Commission 
approved.\25\ The Exchange notes that it was able to implement the 
systems changes and that they became fully operational on the December 
14, 2016. Therefore, the Commission hereby waives the 30-day operative 
delay and designates the proposed rule change to be operative on 
December 14, 2016.\26\
---------------------------------------------------------------------------

    \25\ See supra note 5
    \26\ For purposes only of waiving the operative delay for this 
proposal, 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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic 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-Phlx-2016-121 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2016-121. 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-Phlx-2016-121 and should be 
submitted on or before January 17, 2017.
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\27\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31106 Filed 12-23-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    95206                      Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices

                                                    to Section 19(b)(2) of the Act,5                        self-regulatory organization consents,                 comments on the proposed rule change
                                                    designates February 15, 2017, as the                    the Commission shall either approve the                from interested persons.
                                                    date by which the Commission shall                      proposed rule change, disapprove the
                                                                                                                                                                   I. Self-Regulatory Organization’s
                                                    either approve or disapprove, or                        proposed rule change, or institute
                                                                                                                                                                   Statement of the Terms of Substance of
                                                    institute proceedings to determine                      proceedings to determine whether the
                                                                                                                                                                   the Proposed Rule Change
                                                    whether to disapprove, the proposed                     proposed rule change should be
                                                    rule change (File No. SR–NYSE–2016–                     disapproved. The 45th day for this filing                 The Exchange proposes to amend
                                                    71).                                                    is December 30, 2016.                                  Rule 3317 (Compliance with Regulation
                                                                                                               The Commission is extending the 45-                 NMS Plan to Implement a Tick Size
                                                      For the Commission, by the Division of
                                                                                                            day time period for Commission action                  Pilot) relating to the handling to certain
                                                    Trading and Markets, pursuant to delegated
                                                    authority.6                                             on the proposed rule change. The                       Order Types in Test Group Three Pilot
                                                                                                            Commission finds that it is appropriate                Securities in connection with the
                                                    Eduardo A. Aleman,
                                                                                                            to designate a longer period within                    Regulation NMS Plan to Implement a
                                                    Assistant Secretary.                                                                                           Tick Size Pilot Program (‘‘Plan’’ or
                                                    [FR Doc. 2016–31104 Filed 12–23–16; 8:45 am]            which to take action on the proposed
                                                                                                                                                                   ‘‘Pilot’’).3 Relatedly, the Exchange also
                                                                                                            rule change so that it has sufficient time
                                                    BILLING CODE 8011–01–P                                                                                         proposes to delete Commentary .14,
                                                                                                            to consider and take action on the
                                                                                                                                                                   which addresses the current handling of
                                                                                                            Exchange’s proposed rule change.
                                                                                                                                                                   those Order Types. Finally, Phlx
                                                    SECURITIES AND EXCHANGE                                    Accordingly, pursuant to Section                    proposes to add language to Rule
                                                    COMMISSION                                              19(b)(2) of the Act 6 and for the reasons              3317(d)(1) to clarify the treatment of
                                                                                                            stated above, the Commission                           orders in a Test Group Three Security
                                                    [Release No. 34–79613; File No. SR–BOX–
                                                    2016–50]                                                designates February 13, 2017, as the                   entered through the RASH or FIX
                                                                                                            date by which the Commission should                    protocols.
                                                    Self-Regulatory Organizations; BOX                      either approve or disapprove, or                          The text of the proposed rule change
                                                    Options Exchange LLC; Notice of                         institute proceedings to determine                     is available on the Exchange’s Web
                                                    Designation of Longer Period for                        whether to disapprove, the proposed                    site at http://nasdaqphlx.
                                                    Commission Action on Proposed Rule                      rule change (File No. SR–BOX–2016–                     cchwallstreet.com/, at the principal
                                                    Change To Amend Rule 5050 Series of                     50).                                                   office of the Exchange, and at the
                                                    Options Contracts Open for Trading To                     For the Commission, by the Division of               Commission’s Public Reference Room.
                                                    Provide for the Listing and Trading on                  Trading and Markets, pursuant to delegated
                                                    the Exchange of RealDayTM Options                       authority.7                                            II. Self-Regulatory Organization’s
                                                    Pursuant to a Pilot Program                             Eduardo A. Aleman,
                                                                                                                                                                   Statement of the Purpose of, and
                                                                                                                                                                   Statutory Basis for, the Proposed Rule
                                                                                                            Assistant Secretary.
                                                    December 20, 2016.                                                                                             Change
                                                                                                            [FR Doc. 2016–31105 Filed 12–23–16; 8:45 am]
                                                       On October 26, 2016, BOX Options                                                                               In its filing with the Commission, the
                                                                                                            BILLING CODE 8011–01–P
                                                    Exchange LLC (‘‘Exchange’’) filed with                                                                         Exchange included statements
                                                    the Securities and Exchange                                                                                    concerning the purpose of and basis for
                                                    Commission (‘‘Commission’’), pursuant                                                                          the proposed rule change and discussed
                                                                                                            SECURITIES AND EXCHANGE
                                                    to Section 19(b)(1) of the Securities                                                                          any comments it received on the
                                                                                                            COMMISSION
                                                    Exchange Act of 1934 (‘‘Act’’) 1 and Rule                                                                      proposed rule change. The text of these
                                                    19b–4 thereunder,2 a proposed rule                                                                             statements may be examined at the
                                                    change to provide for the listing and                   [Release No. 34–79614; File No. SR–Phlx–
                                                                                                            2016–121]                                              places specified in Item IV below. The
                                                    trading on the Exchange of RealDayTM                                                                           Exchange has prepared summaries, set
                                                    Options pursuant to a pilot program.                                                                           forth in sections A, B, and C below, of
                                                                                                            Self-Regulatory Organizations;
                                                    The proposed rule change was                                                                                   the most significant aspects of such
                                                                                                            NASDAQ PHLX LLC; Notice of Filing
                                                    published for comment in the Federal                                                                           statements.
                                                                                                            and Immediate Effectiveness of
                                                    Register on November 15, 2016.3 The
                                                                                                            Proposed Rule Change To Amend Rule                     A. Self-Regulatory Organization’s
                                                    Commission has received one comment                     3317 (Compliance With Regulation
                                                    letter on the proposal.4                                                                                       Statement of the Purpose of, and
                                                                                                            NMS Plan To Implement a Tick Size                      Statutory Basis for, the Proposed Rule
                                                       Section 19(b)(2) of the Act 5 provides
                                                                                                            Pilot)                                                 Change
                                                    that within 45 days of the publication of
                                                    notice of the filing of a proposed rule                 December 20, 2016.                                     1. Purpose
                                                    change, or within such longer period up                    Pursuant to Section 19(b)(1) of the
                                                    to 90 days as the Commission may                                                                                  On September 7, 2016, the Exchange
                                                                                                            Securities Exchange Act of 1934                        filed with the Securities and Exchange
                                                    designate if it finds such longer period                (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    to be appropriate and publishes its                                                                            Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                                                                            notice is hereby given that on December                a proposed rule change (‘‘Proposal’’) to
                                                    reasons for so finding or as to which the               13, 2016, NASDAQ PHLX LLC (‘‘Phlx’’                    adopt paragraph (d) and Commentary
                                                      5 Id.
                                                                                                            or ‘‘Exchange’’) filed with the Securities             .12 to Exchange Rule 3317 to describe
                                                      6 17
                                                                                                            and Exchange Commission (‘‘SEC’’ or                    changes to system functionality
                                                           CFR 200.30–3(a)(31).
                                                      1 15 U.S.C. 78s(b)(1).
                                                                                                            ‘‘Commission’’) the proposed rule                      necessary to implement the Plan. The
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      2 17 CFR 240.19b–4.                                   change as described in Items I and II                  Exchange also proposed amendments to
                                                      3 See Securities Exchange Act Release No. 79258       below, which Items have been prepared                  Rule 3317(a) and (c) to clarify how the
                                                    (November 8, 2016), 81 FR 80125.                        by the Exchange. The Commission is                     Trade-at exception may be satisfied. The
                                                      4 See Letter from Edward T. Tilly, Chief Executive
                                                                                                            publishing this notice to solicit                      SEC published the Proposal in the
                                                    Officer, Chicago Board Options Exchange,
                                                    Incorporated, to Brent J. Fields, Secretary,                                                                   Federal Register for notice and
                                                                                                              6 15 U.S.C. 78s(b)(2).
                                                    Commission, dated December 6, 2016, available at
                                                                                                              7 17 CFR 200.30–3(a)(31).
                                                    https://www.sec.gov/comments/sr-box-2016-50/                                                                      3 See Securities Exchange Act Release No. 74892
                                                    box201650-1.pdf.                                          1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                   (May 6, 2015), 80 FR 27513 (May 13, 2015)
                                                      5 15 U.S.C. 78s(b)(2).                                  2 17 CFR 240.19b–4.                                  (‘‘Approval Order’’).



                                               VerDate Sep<11>2014   20:45 Dec 23, 2016   Jkt 241001   PO 00000   Frm 00109   Fmt 4703    Sfmt 4703   E:\FR\FM\27DEN1.SGM   27DEN1


                                                                               Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices                                            95207

                                                    comment on September 20, 2016.4 Phlx                    Only Orders entered through the OUCH                   the different functionality of the OUCH
                                                    subsequently filed three Partial                        and FLITE protocols in Test Group                      and FLITE protocols in comparison to
                                                    Amendments to clarify aspects of the                    Three Pilot Securities. In the                         the other applicable Phlx protocols,
                                                    Proposal. The Commission approved the                   Amendment, Phlx stated that it                         where the behavior of certain Order
                                                    Proposal, as amended, on October 7,                     anticipated that this re-programming                   Types entered through the OUCH and
                                                    2016.5                                                  shall be completed no later than                       FLITE protocols in Test Group Three
                                                       In SR–Phlx–2016–92, Phlx had                         November 30, 2016. If it appeared that                 Pilot Securities will differ from the
                                                    initially proposed a re-pricing                         this functionality would remain                        behavior of those Order Types as set
                                                    functionality for Price to Comply                       operational by October 17, 2016, Phlx                  forth in Rule 3317; specifically, the
                                                    Orders, Non-Displayed Orders, and                       indicated that it would file a proposed                behavior of Price to Comply Orders,
                                                    Post-Only Orders entered through the                    rule change with the SEC and will                      Non-Displayed Orders, and Post-Only
                                                    OUCH and FLITE protocols in Test                        provide notice to market participants                  Orders entered through the OUCH and
                                                    Group Three Pilot Securities.6 Phlx                     sufficiently in advance of that date to                FLITE protocols when the Order locks
                                                    subsequently determined that it would                   provide effective notice. The rule                     or crosses a Protected Quotation. Phlx is
                                                    not offer this re-pricing functionality for             change and the notice to market                        therefore amending Rule 3317 to clarify
                                                    Price to Comply Orders, Non-Displayed                   participants would describe the current                these differences. Although the changes
                                                    Orders, and Post-Only Orders entered                    operation of the Phlx systems in this                  made to Price to Comply Orders, Non-
                                                    through the OUCH and FLITE protocols                    regard, and the timing related to the re-              Displayed Orders, and Post-Only Orders
                                                    in Group Three Pilot Securities. As part                programming.                                           entered through OUCH and FLITE
                                                    of Partial Amendment No. 2 to SR–                          On October 17, 2016, Phlx filed a                   reflect the different functionality of the
                                                    Phlx–2016–92, Phlx proposed to delete                   proposal to extend the date by which it                OUCH and FLITE protocols in
                                                    the relevant language from Rule 3317                    would complete the re-programing of its                comparison with the other Phlx
                                                    related to this re-pricing functionality.               systems to eliminate the re-pricing                    protocols, the proposed changes treat
                                                       In that amendment, Phlx noted that                   functionality in Test Group Three Pilot                Price to Comply Orders, Non-Displayed
                                                    this change would only impact the                       Securities for Price to Comply Orders,                 Orders and Post-Only Orders entered
                                                    treatment of Price to Comply Orders,                    Price to Display Orders, Non-Displayed                 through OUCH and FLITE protocols in
                                                    Non-Displayed Orders, and Post-Only                     Orders, and Post-Only Orders that are                  Test Group Three Securities as
                                                    orders that are submitted through the                   entered through the OUCH or FLITE                      consistently as possible with such
                                                    OUCH and FLITE protocols in Test                        protocols.7 In that proposal, Phlx stated              orders entered through OUCH and
                                                    Group Three Pilot Securities, as these                  that it anticipated that this re-                      FLITE in Control Group Securities, and
                                                    types of Orders that are currently                      programming shall be complete on or                    Test Group One and Test Group Two
                                                    submitted to Phlx through the RASH or                   before October 31, 2016.8 As Phlx                      Securities. These changes will adjust
                                                    FIX protocols are already subject to this               continued to re-program its systems to                 Price to Comply Orders, Non-Displayed
                                                    re-pricing functionality and will remain                eliminate the re-pricing functionality in              Orders, and Post-Only Orders entered
                                                    subject to this functionality under the                 Test Group Three Pilot Securities for                  through OUCH and FLITE when the
                                                    Pilot.                                                  Price to Comply Orders, Price to Display               Order has been ranked at a midpoint of
                                                       In the Amendment, Phlx further noted                 Orders, Non-Displayed Orders, and                      the NBBO that then becomes
                                                    that its systems are currently                          Post-Only Orders that are entered                      impermissible due to changes in the
                                                    programmed so that Price to Comply                      through the OUCH or FLITE protocols,                   NBBO.
                                                    Orders, Non-Displayed Orders and Post-                  it extended the date by which the re-
                                                    Only Orders entered through the OUCH                                                                           Price To Comply Orders
                                                                                                            programming shall be complete to the
                                                    and FLITE protocols in Test Group                       current date of December 12, 2016.9                      Currently, Rule 3317(d)(2) states that
                                                    Three Pilot Securities may be adjusted                     Phlx has now completed re-                          a Price to Comply Order in a Test Group
                                                    repeatedly to reflect changes to the                    programming its systems to eliminate                   Pilot Security will operate as described
                                                    NBBO and/or the best price on the Phlx                  the re-pricing functionality in Test                   in Rule 3301A(b)(1) except as provided
                                                    book. Phlx stated that it was re-                       Group Three Pilot Securities for Price to              under this paragraph. If a Price to
                                                    programming its systems to remove this                  Comply Orders, Price to Display Orders,                Comply Order for a Test Group Three
                                                    functionality for Price to Comply                       Non-Displayed Orders, and Post-Only                    Pilot Security is partially executed upon
                                                    Orders, Non-Displayed Orders and Post-                  Orders that are entered through the                    entry and the remainder would lock a
                                                                                                            OUCH or FLITE protocols. However, as                   Protected Quotation of another market
                                                       4 See Securities Exchange Act Release No. 78835
                                                                                                            a result of removing the re-pricing                    center, the unexecuted portion of the
                                                    (September 14, 2016), 81 FR 64552 (September 20,
                                                                                                            functionality, there are instances, due to             Order will be cancelled. If the Order is
                                                    2016) (SR–Phlx–2016–92).                                                                                       not executable against any previously
                                                       5 See Securities Exchange Act Release No. 79074

                                                    (October 7, 2016) (SR–Phlx–2016–92).
                                                                                                              7 See Securities Exchange Act Release No. 79156      posted orders on the Exchange Book,
                                                       6 As originally proposed, Rule 3317(d)(2) stated     (October 25, 2016) (SR–Phlx–2016–106).                 and the limit price of a buy (sell) Price
                                                    that Price to Comply Orders in a Test Group Three         Subsequent to the approval of SR–Phlx–2016–92,       to Comply Order in a Test Group Three
                                                    Pilot Security will be adjusted repeatedly in           Phlx become aware that this re-pricing functionality   Pilot Security would lock or cross a
                                                    accordance with changes to the NBBO until such          also applies to Price to Display Orders that are
                                                                                                            entered through the OUCH and FLITE protocols in        Protected Quotation of another market
                                                    time as the Price to Comply Order is able to be
                                                    ranked and displayed at its original entered limit      Test Group Three Securities, and amended               center, the Order will display at one
                                                    price. Rule 3317(d)(3) stated that, if market           Commentary .14 to indicate that Price to Display       minimum price increment below
                                                                                                            Orders will be treated in the same manner as Price     (above) the Protected Quotation, and the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    conditions allow, a Non-Displayed Order in a Test
                                                    Group Three Pilot Security will be adjusted             to Comply Orders under the re-pricing
                                                                                                            functionality. Id.                                     Order will be ranked on the Exchange
                                                    repeatedly in accordance with changes to the NBBO
                                                    up (down) to the Order’s limit price. Rule                8 Id.                                                Book at the current midpoint of NBBO.
                                                    3317(d)(4) stated that, if market conditions allow,       9 See Securities Exchange Release Nos. 79261           Phlx proposes to augment this
                                                    the Post-Only Order in a Test Group Three Pilot         (November 8, 2016), 81 FR 80134 (November 15,          provision to clarify the behavior of Price
                                                    Security will be adjusted repeatedly in accordance      2016) (SR–Phlx–2016–110) (extending current re-        to Comply Orders entered through the
                                                    with changes to the NBBO or the best price on the       pricing functionality to November 14, 2016); 79407
                                                    Phlx Book, as applicable until such time as the         (November 28, 2016), 81 FR 87089 (December 2,
                                                                                                                                                                   OUCH or FLITE protocols in Test Group
                                                    Post-Only Order is able to be ranked and displayed      2016) (SR–Phlx–2016–114) (extending current re-        Three Pilot Securities that lock or cross
                                                    at its original entered limit price.                    pricing functionality to December 12, 2016).           a Protected Quotation. Specifically, a


                                               VerDate Sep<11>2014   20:45 Dec 23, 2016   Jkt 241001   PO 00000   Frm 00110   Fmt 4703   Sfmt 4703   E:\FR\FM\27DEN1.SGM   27DEN1


                                                    95208                       Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices

                                                    Price to Comply Order in a Test Group                    Exchange Book at either one minimum                      ranked at the price of the Protected
                                                    Three Pilot Security entered through                     price increment below (above) the                        Quotation it locked or crossed but can
                                                    OUCH or FLITE may be adjusted in the                     National Best Offer (National Best Bid)                  be ranked closer to its original limit
                                                    following manner after initial entry and                 or at the midpoint of the NBBO,                          price, the Non-Displayed Order will be
                                                    posting to the Phlx Book.                                whichever is higher (lower). For a Non-                  adjusted to the new midpoint of the
                                                       If entered at a price that locked a                   Displayed Order in a Test Group Three                    NBBO.14
                                                    Protected Quotation, and if the NBBO                     Pilot Security entered through RASH or                     If, after being posted on the Phlx
                                                    changes such that its price will no                      FIX, if after being posted to the
                                                                                                                                                                      Book, the Non-Displayed Order becomes
                                                    longer lock a Protected Quotation, the                   Exchange Book, the NBBO changes so
                                                                                                                                                                      locked or crossed by a Protected
                                                    Price to Comply Order will be adjusted                   that the Non-Displayed Order would no
                                                                                                                                                                      Quotation due to a change in the NBBO,
                                                    to rank and display at its original                      longer be executable at its posted price
                                                                                                                                                                      or if the Non-Displayed Order is at an
                                                    entered limit price.10                                   due to the requirements of Regulation
                                                                                                                                                                      impermissible price under Regulation
                                                       If entered at a price that crossed a                  NMS or the Plan, the Non-Displayed
                                                                                                             Order will be repriced to a price that is                NMS or the Plan and it cannot
                                                    Protected Quotation, and if the NBBO                                                                              otherwise be adjusted as above, the
                                                    changes such that it can be ranked at the                at either one minimum price increment
                                                                                                             below (above) the National Best Offer                    Non-Displayed Order will be
                                                    price of the Protected Quotation it
                                                                                                             (National Best Bid) or at the midpoint of                cancelled.15
                                                    crossed, the Price to Comply Order,
                                                    based on the participant’s choice, may                   the NBBO, whichever is higher (lower)                    Post-Only Orders
                                                    either be (i) cancelled or (ii) adjusted to              and will receive a new timestamp. For
                                                    rank at the price of the Protected                       a Non-Displayed Order in a Test Group                      Currently, Rule 3317(d)(4) states that
                                                    Quotation it crossed upon entry with its                 Three Pilot Security entered through                     a Post-Only Order in a Test Group Pilot
                                                    displayed price remaining unchanged.                     OUCH or FLITE, if after such a Non-                      Security will operate as described in
                                                       If, after being posted on the Phlx                    Displayed Order is posted to the                         Rule 3301A(b)(4) except as provided
                                                    Book, the non-displayed price of a Price                 Exchange Book, the NBBO changes so                       under this paragraph. For orders that are
                                                    to Comply Order becomes locked or                        that the Non-Displayed Order would no                    not attributable, if the limit price of a
                                                    crossed by a Protected Quotation due to                  longer be executable at its posted price                 buy (sell) Post-Only Order in a Test
                                                    a change in the NBBO, or if the Price to                 due to the requirements of Regulation                    Group Three Pilot Security would lock
                                                    Comply Order is at an impermissible                      NMS or the Plan, the Non-Displayed                       or cross a Protected Quotation of
                                                    price under Regulation NMS or the Plan                   Order will be cancelled back to the                      another market center, the Order will
                                                    and it cannot otherwise be adjusted as                   Participant.                                             display at one minimum price
                                                    above, the Price to Comply Order will                       Phlx proposes to amend this                           increment below (above) the Protected
                                                    be cancelled.11                                          provision to clarify the behavior of Non-                Quotation, and the Order will be ranked
                                                                                                             Displayed Orders entered through the                     on the Exchange Book at the current
                                                    Non-Displayed Orders                                     OUCH or FLITE protocols in Test Group                    midpoint of the NBBO.
                                                      Currently, Rule 3317(d)(3) states that                 Three Pilot Securities that lock or cross
                                                                                                             a Protected Quotation. Specifically, a                     Phlx proposes to augment this
                                                    a Non-Displayed Order in a Test Group                                                                             provision to clarify the behavior of Post-
                                                    Pilot Security will operate as described                 Non-Displayed Order in a Test Group
                                                                                                             Three Pilot Security entered through                     Only Orders entered through the OUCH
                                                    in Rule 3301A(b)(3) except as provided                                                                            or FLITE protocols in Test Group Three
                                                    under this paragraph. A resting Non-                     OUCH or FLITE may be adjusted in the
                                                                                                             following manner after initial entry and                 Pilot Securities that lock or cross a
                                                    Displayed Order in a Test Group Three                                                                             Protected Quotation. Specifically, a
                                                    Pilot security cannot execute at the                     posting to the Phlx Book.
                                                                                                                If entered at a price that locked a                   Non-Attributable Post-Only Order in a
                                                    price of a Protected Quotation of                                                                                 Test Group Three Pilot Security entered
                                                                                                             Protected Quotation, and if the NBBO
                                                    another market center unless the                                                                                  through OUCH or FLITE may be
                                                                                                             changes such that its price would no
                                                    incoming Order otherwise qualifies for                                                                            adjusted in the following manner after
                                                                                                             longer lock a Protected Quotation, the
                                                    an exception to the Trade-at prohibition                                                                          initial entry and posting to the Phlx
                                                                                                             Non-Displayed Order will be adjusted to
                                                    provided under Rule 3317(c)(3)(D). If                                                                             Book.
                                                                                                             rank at its original entered limit price.12
                                                    the limit price of a buy (sell) Non-                        If entered at a price that crossed a
                                                    Displayed Order in a Test Group Three                                                                               If entered at a price that locked a
                                                                                                             Protected Quotation, and if the NBBO                     Protected Quotation, and if the NBBO
                                                    Pilot Security would lock or cross a                     changes such that it can be ranked at the
                                                    Protected Quotation of another market                                                                             changes such that its price will no
                                                                                                             price of the Protected Quotation it                      longer lock a Protected Quotation, the
                                                    center, the Order will be ranked on the                  crossed, the Order, based on the                         Post-Only Order will be adjusted to rank
                                                      10 Phlx notes that a Price to Comply Order will
                                                                                                             Participant’s choice, may either be (i)
                                                    always be adjusted in this scenario, regardless of its   cancelled or (ii) adjusted to rank at the                  14 For example, if the National Best Bid is $10.00

                                                    port setting.                                            price of the Protected Quotation it                      and the National Best Offer is $10.10, and a Non-
                                                      11 For example, if the National Best Bid is $10.00     crossed.13                                               Displayed Order to buy at $10.10 is entered, the
                                                    and the National Best Offer is $10.10, and a Price          If entered at a price that locked or                  Non-Displayed Order will be ranked at $10.05. If
                                                    to Comply Order to buy at $10.15 is entered, the                                                                  the National Best Bid then changes to $10.05, the
                                                                                                             crossed a Protected Quotation, and if the                price of the Non-Displayed Order will be adjusted
                                                    Price to Comply Order will be displayed at $10.05
                                                    and ranked at $10.075. If the National Best Offer        NBBO changes such that it cannot be                      to $10.075.
                                                    then changes to $10.15, the Price to Comply Order                                                                   Phlx notes that a Non-Displayed Order entered
                                                    will be adjusted to rank at $10.10, and will remain         12 Phlx notes that a Non-Displayed Order will         through OUCH or FLITE in either a Control Group
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                                                    displayed at $10.05. If the National Best Offer          always be adjusted in this scenario, regardless of its   Security, a Test Group One Pilot Security or a Test
                                                    subsequently changes to $10.10, the Price to             port setting.                                            Group Two Pilot Security would be ranked at the
                                                    Comply Order will be cancelled.                             13 For example, if the National Best Bid is $10.00    locking price upon entry.
                                                      Phlx notes that a Price to Comply Order, Non-          and the National Best Offer is $10.10, and a Non-          15 For example, if the National Best Bid is $10.00

                                                    Displayed Order, or Post-Only Order entered              Displayed Order to buy at $10.15 is entered, the         and the National Best Offer is $10.10, and a Non-
                                                    through OUCH or FLITE in either a Control Group          Non-Displayed Order will be ranked at $10.05. If         Displayed Order to buy at $10.10 is entered, the
                                                    Security, a Test Group One Pilot Security or a Test      the National Best Offer then changes to $10.15, the      Non-Displayed Order will be ranked at $10.05. If
                                                    Group Two Pilot Security would only cancel if the        Non-Displayed Order may either be adjusted to rank       the National Best Offer then changes to $10.05, the
                                                    resting order is crossed (not locked) by a Protected     at $10.10, or may be cancelled back to the               Non-Displayed Order will be cancelled back to the
                                                    Quotation due to a change in the NBBO.                   Participant.                                             Participant.



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                                                                               Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices                                            95209

                                                    and display at its original entered limit               the treatment of orders in a Test Group                 subsequent movement of the NBBO
                                                    price.16                                                Three Security entered through the                      implicates the Trade-at prohibition with
                                                       If entered at a price that crossed a                 RASH or FIX protocols. Specifically,                    respect to the resting order.
                                                    Protected Quotation, and if the NBBO                    subject to the provisions set forth in the                 By clarifying the behavior of certain
                                                    changes such that it can be ranked at the               remainder of Rule 3317(d), if the                       Order Types in Test Group Three Pilot
                                                    price of the Protected Quotation it                     entered limit price of an Order in a Test               Securities entered through the OUCH or
                                                    crossed, the Post-Only Order, based on                  Group Three Pilot Security, entered                     FLITE protocols, the proposal will help
                                                    the Participant’s choice, may either be                 through RASH or FIX, locked or crossed                  allow market participants to continue to
                                                    (i) cancelled or (ii) adjusted to rank at               a Protected Quotation and the NBBO                      trade NMS Stocks, within quoting and
                                                    the price of the Protected Quotation it                 changes so that the Order can be ranked                 trading requirements that are in
                                                    crossed upon entry with its displayed                   closer to its original entered limit price,             compliance with the Plan, with
                                                    price remaining unchanged.                              the price of the Order will be adjusted                 certainty on how certain orders and
                                                       If, after being posted on the Phlx                   repeatedly in accordance with changes                   trading interests would be treated. This,
                                                    Book, the non-displayed price of a                      to the NBBO. Phlx is proposing to make                  in turn, will help encourage market
                                                    resting Post-Only Order becomes locked                  this change to clarify the current                      participants to continue to provide
                                                    or crossed by a Protected Quotation due                 treatment of orders in Test Group Three                 liquidity in the marketplace.
                                                    to a change in the NBBO, or if the Post-                Pilot Securities entered through RASH                      More generally, Phlx also notes that
                                                    Only Order is at an impermissible price                 or FIX.                                                 the Plan, which was approved by the
                                                    under Regulation NMS or the Plan and                                                                            Commission pursuant to an order issued
                                                                                                            2. Statutory Basis                                      by the Commission in reliance on
                                                    it cannot otherwise be adjusted as
                                                    above, the Post-Only Order will be                         The Exchange believes that its                       Section 11A of the Act,20 provides the
                                                    cancelled.                                              proposal is consistent with Section 6(b)                Exchange authority to establish,
                                                                                                            of the Act,18 in general, and furthers the              maintain, and enforce written policies
                                                    Commentary .14                                          objectives of Section 6(b)(5) of the Act,19             and procedures that are reasonably
                                                       In removing the current re-pricing                   in particular, in that it is designed to                designed to comply with applicable
                                                    functionality, Commentary .014 [sic],                   promote just and equitable principles of                quoting and trading requirements
                                                    which addresses the behavior of current                 trade, to remove impediments to and                     specified in the Plan. The Exchange
                                                    treatment of Price to Comply Orders,                    perfect the mechanism of a free and                     believes that the proposed rule change
                                                    Price to Display Orders, Non-Displayed                  open market and a national market                       is consistent with the authority granted
                                                    Orders, and Post-Only Orders that are                   system, and, in general to protect                      to it by the Plan to establish
                                                    entered through the OUCH or FLITE                       investors and the public interest.                      specifications and procedures for the
                                                    protocols in Test Group Three Pilot                        The Exchange believes that the                       implementation and operation of the
                                                                                                            proposed rule change is consistent with                 Plan that are consistent with the
                                                    Securities, is no longer necessary.17 The
                                                                                                            the Act because it clarifies the changes                provisions of the Plan. Likewise, the
                                                    Exchange therefore proposes to delete
                                                                                                            the Exchange is making to the handling                  Exchange believes that the proposed
                                                    this Commentary from the Rule.
                                                                                                            of certain Order Types necessary to                     rule change provides interpretations of
                                                       Finally, Phlx proposes to add
                                                                                                            implement the requirements of the Plan                  the Plan that are consistent with the
                                                    language to Rule 3317(d)(1) to clarify
                                                                                                            on its System and, in the case of the                   Act, in general, and furthers the
                                                       16 Phlx notes that a Post-Only Order will always     changes of Rule 3317(d)(1), to clarify the              objectives of the Act, in particular.
                                                    be adjusted in this scenario, regardless of its port    current treatment of orders in Test                        Finally, Phlx believes that the
                                                    setting.                                                Group Three Pilot Securities entered                    proposal is consistent with the Act
                                                       17 Under Commentary .14, the current treatment
                                                                                                            through RASH or FIX.                                    because the proposed functionality will
                                                    of Price to Comply Orders, Price to Display Orders,        As a result of removing the current re-
                                                    Non-Displayed Orders, and Post-Only Orders that
                                                                                                                                                                    more closely align the handling of Price
                                                    are entered through the OUCH or FLITE protocols         pricing functionality that applies to                   to Comply Orders, Non-Displayed
                                                    in Test Group Three securities is as follows:           certain Order Types in Test Group                       Orders, and Post-Only Orders that are
                                                       Until December 12, 2016, the treatment of Price      Three Securities entered through the                    entered through the OUCH or FLITE
                                                    to Comply Orders, Price to Display Orders, Non-         OUCH and FLITE protocols, and due to                    protocols for Test Group Three Pilot
                                                    Displayed Orders, and Post-Only Orders that are
                                                    entered through the OUCH or FLITE protocols in
                                                                                                            the different functionality of the OUCH                 Securities with the handling of such
                                                    Test Group Three securities shall be as follows:        and FLITE protocols in comparison to                    Orders entered through the OUCH or
                                                       Following entry, and if market conditions allow,     the other applicable Phlx protocols,                    FLITE protocols for Control Group, Test
                                                    a Price to Comply Order in a Test Group Three Pilot     these Order Types will behave                           Group One and Test Group Two
                                                    Security will be adjusted repeatedly in accordance      differently than is currently set forth in
                                                    with changes to the NBBO until such time as the
                                                                                                                                                                    Securities than the current functionality
                                                    Price to Comply Order is able to be ranked and          Rule 3317 when entered through the                      in place for these Orders.
                                                    displayed at its original entered limit price.          OUCH or FLITE protocols in certain
                                                                                                            instances. As noted above, these                        B. Self-Regulatory Organization’s
                                                       Following entry, and if market conditions allow,
                                                    a Price to Display Order in a Test Group Three Pilot    changes will adjust Price to Comply                     Statement on Burden on Competition
                                                    Security will be adjusted repeatedly in accordance                                                                 The Exchange does not believe that
                                                    with changes to the NBBO until such time as the
                                                                                                            Orders, Non-Displayed Orders, and
                                                    Price to Display Order is able to be ranked and         Post-Only Orders entered through                        the proposed rule change will impose
                                                    displayed at its original entered limit price.          OUCH and FLITE when the Order has                       any burden on competition not
                                                       Following entry, and if market conditions allow,     been ranked at a midpoint of the NBBO                   necessary or appropriate in furtherance
                                                    a Non-Displayed Order in a Test Group Three Pilot                                                               of the purposes of the Act. The
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            that then becomes impermissible due to
                                                    Security will be adjusted repeatedly in accordance
                                                    with changes to the NBBO up (down) to the Order’s       changes in the NBBO. These changes                      proposed changes are being made to
                                                    limit price.                                            also will adjust Price to Comply Orders,                establish, maintain, and enforce written
                                                       Following entry, and if market conditions allow,     Non-Displayed Orders, and Post-Only                     policies and procedures that are
                                                    the Post-Only Order in a Test Group Three Pilot         Orders entered through OUCH and                         reasonably designed to comply with the
                                                    Security will be adjusted repeatedly in accordance                                                              trading and quoting requirements
                                                    with changes to the NBBO or the best price on the
                                                                                                            FLITE in scenarios where the
                                                    Exchange Book, as applicable until such time as the                                                             specified in the Plan, of which other
                                                                                                              18 15   U.S.C. 78f(b).
                                                    Post-Only Order is able to be ranked and displayed
                                                    at its original entered limit price.                      19 15   U.S.C. 78f(b)(5).                               20 15   U.S.C. 78k–1.



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                                                    95210                        Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices

                                                    equities exchanges are also Participants.                Commentary .14 because it is no longer                and Exchange Commission, 100 F Street
                                                    Other competing national securities                      necessary.                                            NE., Washington, DC 20549–1090.
                                                    exchanges are subject to the same                           The Commission believes that
                                                    trading and quoting requirements                                                                               All submissions should refer to File
                                                                                                             waiving the 30-day operative delay is
                                                    specified in the Plan, and must take the                 consistent with the protection of                     Number SR–Phlx–2016–121. This file
                                                    same steps that the Exchange has to                      investors and the public interest                     number should be included on the
                                                    conform its existing rules to the                        because the proposal clarifies the                    subject line if email is used. To help the
                                                    requirements of the Plan. Therefore, the                 Exchange’s rules and provides                         Commission process and review your
                                                    proposed changes would not impose                        transparency to members with regards                  comments more efficiently, please use
                                                    any burden on competition, while                         to the handling of certain orders entered             only one method. The Commission will
                                                    providing certainty of treatment and                     via OUCH and FLITE as well as RASH                    post all comments on the Commission’s
                                                    execution of trading interests on the                    or FIX protocols for locked or crossed                Internet Web site (http://www.sec.gov/
                                                    Exchange to market participants in NMS                   orders in Test Group Three Pilot                      rules/sro.shtml).
                                                    Stocks that are acting in compliance                     Securities. The Commission notes that                    Copies of the submission, all
                                                    with the requirements specified in the                   the Exchange proposed to remove the                   subsequent amendments, all written
                                                    Plan.                                                    functionality described in                            statements with respect to the proposed
                                                                                                             Commentary .14 and make the                           rule change that are filed with the
                                                    C. Self-Regulatory Organization’s
                                                                                                             necessary corresponding systems                       Commission, and all written
                                                    Statement on Comments on the
                                                                                                             changes in Partial Amendment No. 2 to                 communications relating to the
                                                    Proposed Rule Change Received From
                                                                                                             Phlx–2016–92, which the Commission                    proposed rule change between the
                                                    Members, Participants, or Others
                                                                                                             approved.25 The Exchange notes that it
                                                                                                                                                                   Commission and any person, other than
                                                      No written comments were either                        was able to implement the systems
                                                                                                                                                                   those that may be withheld from the
                                                    solicited or received.                                   changes and that they became fully
                                                                                                                                                                   public in accordance with the
                                                                                                             operational on the December 14, 2016.
                                                    III. Date of Effectiveness of the                                                                              provisions of 5 U.S.C. 552, will be
                                                                                                             Therefore, the Commission hereby
                                                    Proposed Rule Change and Timing for                                                                            available for Web site viewing and
                                                                                                             waives the 30-day operative delay and
                                                    Commission Action                                                                                              printing in the Commission’s Public
                                                                                                             designates the proposed rule change to
                                                       Because the foregoing proposed rule                   be operative on December 14, 2016.26                  Reference Room, 100 F Street NE.,
                                                    change does not: (i) Significantly affect                   At any time within 60 days of the                  Washington, DC 20549, on official
                                                    the protection of investors or the public                filing of the proposed rule change, the               business days between the hours of
                                                    interest; (ii) impose any significant                    Commission summarily may                              10:00 a.m. and 3:00 p.m. Copies of the
                                                    burden on competition; and (iii) become                  temporarily suspend such rule change if               filing also will be available for
                                                    operative for 30 days from the date on                   it appears to the Commission that such                inspection and copying at the principal
                                                    which it was filed, or such shorter time                 action is: (i) Necessary or appropriate in            office of the Exchange. All comments
                                                    as the Commission may designate, it has                  the public interest; (ii) for the protection          received will be posted without change;
                                                    become effective pursuant to Section                     of investors; or (iii) otherwise in                   the Commission does not edit personal
                                                    19(b)(3)(A)(iii) of the Act 21 and                       furtherance of the purposes of the Act.               identifying information from
                                                    subparagraph (f)(6) of Rule 19b–4                        If the Commission takes such action, the              submissions. You should submit only
                                                    thereunder.22                                            Commission shall institute proceedings                information that you wish to make
                                                       A proposed rule change filed under                    to determine whether the proposed rule                available publicly. All submissions
                                                    Rule 19b–4(f)(6) 23 normally does not                    should be approved or disapproved.                    should refer to File Number SR–Phlx–
                                                    become operative prior to 30 days after                  IV. Solicitation of Comments                          2016–121 and should be submitted on
                                                    the date of the filing. However, pursuant                                                                      or before January 17, 2017.
                                                    to Rule 19b–4(f)(6)(iii),24 the                            Interested persons are invited to
                                                                                                             submit written data, views, and                         For the Commission, by the Division of
                                                    Commission may designate a shorter
                                                                                                             arguments concerning the foregoing,                   Trading and Markets, pursuant to delegated
                                                    time if such action is consistent with the
                                                                                                             including whether the proposed rule                   authority.27
                                                    protection of investors and the public
                                                    interest. In this filing, the Exchange has               change is consistent with the Act.                    Eduardo A. Aleman,
                                                    asked that the Commission waive the                      Comments may be submitted by any of                   Assistant Secretary.
                                                    requirement that the proposed rule                       the following methods:                                [FR Doc. 2016–31106 Filed 12–23–16; 8:45 am]
                                                    change not become operative for 30 days                  Electronic Comments                                   BILLING CODE 8011–01–P
                                                    after the date of the filing.
                                                       The Exchange notes the proposed rule                    • Use the Commission’s Internet
                                                    is intended to clarify the differences in                comment form (http://www.sec.gov/
                                                    the handling of certain orders entered                   rules/sro.shtml);or
                                                    into the system by different protocols.                    • Send an email to rule-comments@
                                                    The Exchange notes that orders will be                   sec.gov. Please include File Number SR–
                                                    treated as consistently as possible across               Phlx–2016–121 on the subject line.
                                                    the Test Groups and the Control Group                    Paper Comments
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    while complying with each grouping’s
                                                    varied quoting and trading                                 • Send paper comments in triplicate
                                                    requirements. Additionally, the                          to Brent J. Fields, Secretary, Securities
                                                    Exchange proposed to remove
                                                                                                               25 See supra note 5
                                                                                                               26 For purposes only of waiving the operative
                                                      21 15  U.S.C. 78s(b)(3)(A)(iii).                       delay for this proposal, the Commission has
                                                      22 17 CFR 240.19b–4(f)(6).
                                                                                                             considered the proposed rule’s impact on
                                                      23 Id.
                                                                                                             efficiency, competition, and capital formation. See
                                                      24 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).                                       27 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-14 09:13:27
Document Modified: 2018-02-14 09:13:27
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 95206 

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