81_FR_9610 81 FR 9573 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.31P(a)(2)(C) Relating to Repricing Events

81 FR 9573 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.31P(a)(2)(C) Relating to Repricing Events

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 37 (February 25, 2016)

Page Range9573-9575
FR Document2016-03961

Federal Register, Volume 81 Issue 37 (Thursday, February 25, 2016)
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9573-9575]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03961]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77197; File No. SR-NYSEArca-2016-34]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending Rule 
7.31P(a)(2)(C) Relating to Repricing Events

February 19, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that on February 19, 2016, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.31P(a)(2)(C) (Orders and 
Modifiers) relating to repricing events. The proposed rule change is 
available on the Exchange's Web site at www.nyse.com, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 7.31P(a)(2)(C) relating to 
repricing events that occur upon arrival of an Intermarket Sweep Order 
designated Day (``Day ISO'').
    Rule 7.31P(e)(3)(C) provides that a Day ISO, if marketable on 
arrival, will be immediately traded with contra-side interest in the 
NYSE Arca Book up to its full size and limit price and any untraded 
quantity of a Day ISO will be displayed at its limit price and may lock 
or cross a protected quotation that was displayed at the time of 
arrival of the Day ISO. Accordingly, under current rules, on arrival, a 
Day ISO may be displayed at a price that locks or crosses a protected 
quotation.
    Under Rule 7.36P(b)(3), if arrival of a Day ISO would result in 
less than a round lot being displayed, such order would be displayed on 
the Exchange's proprietary data feeds, but it would not be considered a 
new Exchange BBO or be considered a protected quotation. In addition, 
under Rule 7.38P(b)(1), the working price of an odd-lot quantity of a 
Day ISO will depend on where the limit price is in relation to the 
PBBO, and whether the PBBO is crossed.
    Separately, Rule 7.31P(a)(2)(C) describes how the Exchange re-
prices resting orders to buy (sell) to avoid locking or crossing a 
protected quotation of another market by assigning a display price one 
MPV below (above) the PBO (PBB) and a working price equal to the PBO 
(PBB). The rule further specifies that ``[i]f a Day ISO to buy (sell) 
arrives before the PBO (PBB) is updated, such re-priced Limit Order(s) 
to buy (sell) will be repriced to the lower (higher) of the display 
price of the Day ISO or the original price of the Limit Order(s).'' 
Accordingly, current rules specify that arrival of a Day ISO results in 
a repricing event for resting orders.
    The Exchange proposes to amend Rule 7.31P(a)(2)(C) to specify how 
orders are repriced under that paragraph due to the arrival of a Day 
ISO. Specifically, the Exchange proposes to specify that the repricing 
event for resting orders under this Rule due to the arrival of a Day 
ISO to buy (sell) would occur only if the arriving Day ISO would result 
in at least a round lot being displayed as a new BB (BO). In other 
words, the arrival of the Day ISO must result in a new protected 
quotation at the Exchange before any resting orders are repriced.
    The Exchange also proposes to specify what would occur if the 
arriving Day ISO would not result in at least a round lot being 
displayed. When resting orders have been repriced under Rule 
7.31P(a)(2)(C), if a Day ISO to buy (sell) arrives that would result in 
less than a round lot being displayed, the Exchange

[[Page 9574]]

proposes that such Day ISO also be assigned a display price one MPV 
below (above) the PBO (PBB) and a working price equal to the PBO (PBB). 
This proposed treatment of odd lot Day ISOs is similar to treatment of 
odd lots under Rule 7.38P(b)(1), however, the Exchange proposes that 
under Rule 7.31P(a)(2)(C), even if the PBBO is crossed, the arriving 
odd lot quantity of the Day ISO to buy (sell) be assigned a working 
price equal to the PBO (PBB) and not equal to the PBB (PBO). The 
Exchange proposes this difference from Rule 7.38P(b)(1) so that all 
orders repriced pursuant to Rule 7.31P(a)(2)(C), including arriving Day 
ISO odd lots, are treated similarly.
    Finally, the Exchange proposes to move the last sentence of Rule 
7.31P(a)(2)(C), without change, to be the second sentence of that rule.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\4\ in general, and 
furthers the objectives of Section 6(b)(5),\5\ in particular, because 
it is designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, 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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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes that the proposed rule change 
would remove impediments to and perfect the mechanism of a free and 
open market and a national market system by promoting transparency in 
Exchange rules by providing specificity regarding when resting orders 
would be repriced due to the arrival of a Day ISO. Specifically, the 
proposed rule change would specify that an arriving Day ISO needs to 
result in a round lot or more being displayed as a new Exchange BBO 
before resting orders would be repriced under Rule 7.31P(a)(2)(C). Rule 
7.31P(a)(2)(C) already provides that resting orders would be repriced 
upon arrival of a Day ISO, and the amendment provides specificity that 
before resting orders may be repriced, the arrival of the Day ISO needs 
to result in a new protected quotation.
    The proposed rule change would further remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system by specifying that if the arrival of the Day ISO to buy (sell) 
would not result in a round lot or more being displayed and thus would 
not result in a repricing event for resting orders, the Day ISO would 
instead be assigned a display price of one MPV below (above) the PBO 
(PBB) and a working price equal to the PBO (PBB). This proposed rule 
text is similar to Rule 7.38P(b)(1), which already provides that an 
arriving odd lot order to buy (sell) will be assigned a working price 
based on the PBBO. The Exchange proposes a difference for how an odd 
lot quantity of an arriving Day ISO would be priced under Rule 
7.31P(a)(2)(C) as compared to Rule 7.38P(b)(1). Specifically, the 
Exchange believes that the proposed pricing of an arriving odd-lot 
sized Day ISO under Rule 7.31P(a)(2)(C) would remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system because it would provide for a consistent manner for repricing 
orders under Rule 7.31P(a)(2)(C), regardless whether they were resting 
orders or arriving odd lot quantity of a Day ISO. Providing for 
different treatment of an arriving Day ISO that would result in the 
display of an odd-lot quantity is consistent with Regulation NMS, which 
permits exchanges to establish their own rules for the handling of odd 
lot orders.\6\ The Exchange believes that the proposed amendments would 
promote transparency in Exchange rules regarding the manner by which 
the Exchange reprices resting orders based on the arrival of a Day ISO.
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    \6\ See Commission Division of Trading and Markets, Responses to 
Frequently Asked Questions Concerning Rule 611 and 610 of Regulation 
NMS, April 4, 2008 update, Question 7.03, available at https://www.sec.gov/divisions/marketreg/nmsfaq610-11.htm.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue but rather to make amendments 
to Rule 7.31P(a)(2)(C) relating to repricing events due to the arrival 
of a Day ISO.

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

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

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \9\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
stated that it anticipates beginning the migration of symbols to Pillar 
on February 22, 2016. The Commission believes the waiver of the 
operative delay is consistent with the protection of investors and the 
public interest because it will permit the Exchange to amend Rule 
7.31P(a)(2)(C) relating to the repricing of certain orders prior to the 
beginning of trading on Pillar. Therefore, the Commission hereby waives 
the operative delay and designates the proposal operative upon 
filing.\11\
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    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

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

[[Page 9575]]

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-NYSEArca-2016-34 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-NYSEArca-2016-34. 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 such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEArca-2016-34, and should 
be submitted on or before March 17, 2016.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
Brent J. Fields,
Secretary.
[FR Doc. 2016-03961 Filed 2-24-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices                                             9573

                                                  arguments concerning the foregoing,                       SECURITIES AND EXCHANGE                               events that occur upon arrival of an
                                                  including whether the proposal is                         COMMISSION                                            Intermarket Sweep Order designated
                                                  consistent with the Act. Comments may                                                                           Day (‘‘Day ISO’’).
                                                                                                            [Release No. 34–77197; File No. SR–                     Rule 7.31P(e)(3)(C) provides that a
                                                  be submitted by any of the following                      NYSEArca–2016–34]
                                                  methods:                                                                                                        Day ISO, if marketable on arrival, will
                                                                                                            Self-Regulatory Organizations; NYSE                   be immediately traded with contra-side
                                                  Electronic Comments                                                                                             interest in the NYSE Arca Book up to its
                                                                                                            Arca, Inc.; Notice of Filing and
                                                    • Use the Commission’s Internet                         Immediate Effectiveness of Proposed                   full size and limit price and any
                                                  comment form (http://www.sec.gov/                         Rule Change Amending Rule                             untraded quantity of a Day ISO will be
                                                  rules/sro.shtml); or                                      7.31P(a)(2)(C) Relating to Repricing                  displayed at its limit price and may lock
                                                    • Send an email to rule-comments@                       Events                                                or cross a protected quotation that was
                                                  sec.gov. Please include File Number SR–                                                                         displayed at the time of arrival of the
                                                                                                            February 19, 2016.                                    Day ISO. Accordingly, under current
                                                  EDGX–2016–08 on the subject line.
                                                                                                               Pursuant to Section 19(b)(1) 1 of the              rules, on arrival, a Day ISO may be
                                                  Paper Comments                                            Securities Exchange Act of 1934 (the                  displayed at a price that locks or crosses
                                                                                                            ‘‘Act’’),2 and Rule 19b–4 thereunder,3                a protected quotation.
                                                     • Send paper comments in triplicate                                                                            Under Rule 7.36P(b)(3), if arrival of a
                                                                                                            notice is hereby given that on February
                                                  to Secretary, Securities and Exchange                                                                           Day ISO would result in less than a
                                                                                                            19, 2016, NYSE Arca, Inc. (the
                                                  Commission, 100 F Street NE.,                             ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with             round lot being displayed, such order
                                                  Washington, DC 20549–1090.                                the Securities and Exchange                           would be displayed on the Exchange’s
                                                  All submissions should refer to File                      Commission (the ‘‘Commission’’) the                   proprietary data feeds, but it would not
                                                  Number SR–EDGX–2016–08. This file                         proposed rule change as described in                  be considered a new Exchange BBO or
                                                  number should be included on the                          Items I and II below, which Items have                be considered a protected quotation. In
                                                  subject line if email is used. To help the                been prepared by the self-regulatory                  addition, under Rule 7.38P(b)(1), the
                                                  Commission process and review your                        organization. The Commission is                       working price of an odd-lot quantity of
                                                  comments more efficiently, please use                     publishing this notice to solicit                     a Day ISO will depend on where the
                                                  only one method. The Commission will                      comments on the proposed rule change                  limit price is in relation to the PBBO,
                                                  post all comments on the Commission’s                     from interested persons.                              and whether the PBBO is crossed.
                                                  Internet Web site (http://www.sec.gov/                                                                            Separately, Rule 7.31P(a)(2)(C)
                                                                                                            I. Self-Regulatory Organization’s                     describes how the Exchange re-prices
                                                  rules/sro.shtml). Copies of the
                                                                                                            Statement of the Terms of Substance of                resting orders to buy (sell) to avoid
                                                  submission, all subsequent
                                                                                                            the Proposed Rule Change                              locking or crossing a protected
                                                  amendments, all written statements
                                                  with respect to the proposed rule                            The Exchange proposes to amend                     quotation of another market by
                                                  change that are filed with the                            Rule 7.31P(a)(2)(C) (Orders and                       assigning a display price one MPV
                                                  Commission, and all written                               Modifiers) relating to repricing events.              below (above) the PBO (PBB) and a
                                                  communications relating to the                            The proposed rule change is available                 working price equal to the PBO (PBB).
                                                  proposed rule change between the                          on the Exchange’s Web site at                         The rule further specifies that ‘‘[i]f a Day
                                                  Commission and any person, other than                     www.nyse.com, at the principal office of              ISO to buy (sell) arrives before the PBO
                                                  those that may be withheld from the                       the Exchange, and at the Commission’s                 (PBB) is updated, such re-priced Limit
                                                  public in accordance with the                             Public Reference Room.                                Order(s) to buy (sell) will be repriced to
                                                  provisions of 5 U.S.C. 552, will be                                                                             the lower (higher) of the display price
                                                                                                            II. Self-Regulatory Organization’s
                                                  available for Web site viewing and                                                                              of the Day ISO or the original price of
                                                                                                            Statement of the Purpose of, and
                                                  printing in the Commission’s Public                                                                             the Limit Order(s).’’ Accordingly,
                                                                                                            Statutory Basis for, the Proposed Rule
                                                  Reference Room, 100 F Street NE.,                                                                               current rules specify that arrival of a
                                                                                                            Change
                                                  Washington, DC 20549, on official                                                                               Day ISO results in a repricing event for
                                                  business days between the hours of                           In its filing with the Commission, the             resting orders.
                                                  10:00 a.m. and 3:00 p.m. Copies of such                   self-regulatory organization included                   The Exchange proposes to amend
                                                  filing will also be available for                         statements concerning the purpose of,                 Rule 7.31P(a)(2)(C) to specify how
                                                  inspection and copying at the principal                   and basis for, the proposed rule change               orders are repriced under that paragraph
                                                  office of the Exchange. All comments                      and discussed any comments it received                due to the arrival of a Day ISO.
                                                  received will be posted without change;                   on the proposed rule change. The text                 Specifically, the Exchange proposes to
                                                  the Commission does not edit personal                     of those statements may be examined at                specify that the repricing event for
                                                  identifying information from                              the places specified in Item IV below.                resting orders under this Rule due to the
                                                  submissions. You should submit only                       The Exchange has prepared summaries,                  arrival of a Day ISO to buy (sell) would
                                                  information that you wish to make                         set forth in sections A, B, and C below,              occur only if the arriving Day ISO
                                                  available publicly. All submissions                       of the most significant parts of such                 would result in at least a round lot being
                                                  should refer to File Number SR–EDGX–                      statements.                                           displayed as a new BB (BO). In other
                                                  2016–08 and should be submitted on or                     A. Self-Regulatory Organization’s                     words, the arrival of the Day ISO must
                                                  before March 17, 2016.                                    Statement of the Purpose of, and                      result in a new protected quotation at
                                                                                                            Statutory Basis for, the Proposed Rule                the Exchange before any resting orders
                                                    For the Commission, by the Division of                                                                        are repriced.
                                                  Trading and Markets, pursuant to delegated                Change
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                    The Exchange also proposes to specify
                                                  authority.16
                                                                                                            1. Purpose                                            what would occur if the arriving Day
                                                  Brent J. Fields,                                                                                                ISO would not result in at least a round
                                                                                                               The Exchange proposes to amend
                                                  Secretary.                                                                                                      lot being displayed. When resting orders
                                                                                                            Rule 7.31P(a)(2)(C) relating to repricing
                                                  [FR Doc. 2016–03949 Filed 2–24–16; 8:45 am]                                                                     have been repriced under Rule
                                                  BILLING CODE 8011–01–P                                      1 15 U.S.C. 78s(b)(1).                              7.31P(a)(2)(C), if a Day ISO to buy (sell)
                                                                                                              2 15 U.S.C. 78a.                                    arrives that would result in less than a
                                                    16 17   CFR 200.30–3(a)(12).                              3 17 CFR 240.19b–4.                                 round lot being displayed, the Exchange


                                             VerDate Sep<11>2014     18:07 Feb 24, 2016   Jkt 238001   PO 00000   Frm 00155   Fmt 4703   Sfmt 4703   E:\FR\FM\25FEN1.SGM   25FEN1


                                                  9574                           Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices

                                                  proposes that such Day ISO also be                         system by specifying that if the arrival              III. Date of Effectiveness of the
                                                  assigned a display price one MPV below                     of the Day ISO to buy (sell) would not                Proposed Rule Change and Timing for
                                                  (above) the PBO (PBB) and a working                        result in a round lot or more being                   Commission Action
                                                  price equal to the PBO (PBB). This                         displayed and thus would not result in                   Because the proposed rule change
                                                  proposed treatment of odd lot Day ISOs                     a repricing event for resting orders, the             does not (i) significantly affect the
                                                  is similar to treatment of odd lots under                  Day ISO would instead be assigned a                   protection of investors or the public
                                                  Rule 7.38P(b)(1), however, the Exchange                    display price of one MPV below (above)                interest; (ii) impose any significant
                                                  proposes that under Rule 7.31P(a)(2)(C),                   the PBO (PBB) and a working price                     burden on competition; and (iii) become
                                                  even if the PBBO is crossed, the arriving                  equal to the PBO (PBB). This proposed                 operative for 30 days from the date on
                                                  odd lot quantity of the Day ISO to buy                     rule text is similar to Rule 7.38P(b)(1),             which it was filed, or such shorter time
                                                  (sell) be assigned a working price equal                   which already provides that an arriving               as the Commission may designate, it has
                                                  to the PBO (PBB) and not equal to the                      odd lot order to buy (sell) will be                   become effective pursuant to Section
                                                  PBB (PBO). The Exchange proposes this                      assigned a working price based on the                 19(b)(3)(A) of the Act 7 and Rule 19b–
                                                  difference from Rule 7.38P(b)(1) so that                   PBBO. The Exchange proposes a                         4(f)(6) thereunder.8
                                                  all orders repriced pursuant to Rule                       difference for how an odd lot quantity                   A proposed rule change filed
                                                  7.31P(a)(2)(C), including arriving Day                     of an arriving Day ISO would be priced                pursuant to Rule 19b–4(f)(6) under the
                                                  ISO odd lots, are treated similarly.                       under Rule 7.31P(a)(2)(C) as compared                 Act 9 normally does not become
                                                     Finally, the Exchange proposes to                       to Rule 7.38P(b)(1). Specifically, the                operative for 30 days after the date of its
                                                  move the last sentence of Rule                             Exchange believes that the proposed                   filing. However, Rule 19b–4(f)(6)(iii) 10
                                                  7.31P(a)(2)(C), without change, to be the                  pricing of an arriving odd-lot sized Day              permits the Commission to designate a
                                                  second sentence of that rule.                              ISO under Rule 7.31P(a)(2)(C) would                   shorter time if such action is consistent
                                                  2. Statutory Basis                                         remove impediments to and perfect the                 with the protection of investors and the
                                                                                                             mechanism of a free and open market                   public interest. The Exchange has asked
                                                     The proposed rule change is
                                                                                                             and a national market system because it               the Commission to waive the 30-day
                                                  consistent with Section 6(b) of the
                                                                                                             would provide for a consistent manner                 operative delay so that the proposal may
                                                  Securities Exchange Act of 1934 (the
                                                                                                             for repricing orders under Rule                       become operative immediately upon
                                                  ‘‘Act’’),4 in general, and furthers the
                                                                                                             7.31P(a)(2)(C), regardless whether they               filing. The Exchange stated that it
                                                  objectives of Section 6(b)(5),5 in
                                                                                                             were resting orders or arriving odd lot               anticipates beginning the migration of
                                                  particular, because it is designed to
                                                                                                             quantity of a Day ISO. Providing for                  symbols to Pillar on February 22, 2016.
                                                  prevent fraudulent and manipulative
                                                                                                             different treatment of an arriving Day                The Commission believes the waiver of
                                                  acts and practices, to promote just and
                                                                                                             ISO that would result in the display of               the operative delay is consistent with
                                                  equitable principles of trade, to foster                                                                         the protection of investors and the
                                                                                                             an odd-lot quantity is consistent with
                                                  cooperation and coordination with                                                                                public interest because it will permit the
                                                                                                             Regulation NMS, which permits
                                                  persons engaged in facilitating                                                                                  Exchange to amend Rule 7.31P(a)(2)(C)
                                                                                                             exchanges to establish their own rules
                                                  transactions in securities, to remove                                                                            relating to the repricing of certain orders
                                                                                                             for the handling of odd lot orders.6 The
                                                  impediments to, and perfect the                                                                                  prior to the beginning of trading on
                                                                                                             Exchange believes that the proposed
                                                  mechanism of, a free and open market                                                                             Pillar. Therefore, the Commission
                                                                                                             amendments would promote
                                                  and a national market system and, in                                                                             hereby waives the operative delay and
                                                                                                             transparency in Exchange rules
                                                  general, to protect investors and the                                                                            designates the proposal operative upon
                                                                                                             regarding the manner by which the
                                                  public interest.                                                                                                 filing.11
                                                     Specifically, the Exchange believes                     Exchange reprices resting orders based
                                                                                                             on the arrival of a Day ISO.                             At any time within 60 days of the
                                                  that the proposed rule change would                                                                              filing of the proposed rule change, the
                                                  remove impediments to and perfect the                      B. Self-Regulatory Organization’s                     Commission summarily may
                                                  mechanism of a free and open market                        Statement on Burden on Competition                    temporarily suspend such rule change if
                                                  and a national market system by                                                                                  it appears to the Commission that such
                                                  promoting transparency in Exchange                           The Exchange does not believe that
                                                                                                             the proposed rule change will impose                  action is necessary or appropriate in the
                                                  rules by providing specificity regarding                                                                         public interest, for the protection of
                                                  when resting orders would be repriced                      any burden on competition that is not
                                                                                                             necessary or appropriate in furtherance               investors, or otherwise in furtherance of
                                                  due to the arrival of a Day ISO.                                                                                 the purposes of the Act. If the
                                                  Specifically, the proposed rule change                     of the purposes of the Act. The
                                                                                                             proposed change is not designed to                    Commission takes such action, the
                                                  would specify that an arriving Day ISO                                                                           Commission shall institute proceedings
                                                  needs to result in a round lot or more                     address any competitive issue but rather
                                                                                                             to make amendments to Rule                            to determine whether the proposed rule
                                                  being displayed as a new Exchange BBO                                                                            change should be approved or
                                                  before resting orders would be repriced                    7.31P(a)(2)(C) relating to repricing
                                                                                                             events due to the arrival of a Day ISO.               disapproved.
                                                  under Rule 7.31P(a)(2)(C). Rule
                                                  7.31P(a)(2)(C) already provides that                       C. Self-Regulatory Organization’s                       7 15  U.S.C. 78s(b)(3)(A).
                                                  resting orders would be repriced upon                      Statement on Comments on the                            8 17  CFR 240.19b–4(f)(6). As required under Rule
                                                  arrival of a Day ISO, and the                              Proposed Rule Change Received From                    19b–4(f)(6)(iii), the Exchange provided the
                                                  amendment provides specificity that                        Members, Participants, or Others                      Commission with written notice of its intent to file
                                                  before resting orders may be repriced,                                                                           the proposed rule change, along with a brief
                                                                                                               No written comments were solicited                  description and the text of the proposed rule
                                                  the arrival of the Day ISO needs to result                                                                       change, at least five business days prior to the date
                                                                                                             or received with respect to the proposed
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                                                  in a new protected quotation.                                                                                    of filing of the proposed rule change, or such
                                                     The proposed rule change would                          rule change.                                          shorter time as designated by the Commission.
                                                                                                                                                                      9 17 CFR 240.19b–4(f)(6).
                                                  further remove impediments to and
                                                                                                               6 See Commission Division of Trading and               10 17 CFR 240.19b–4(f)(6)(iii).
                                                  perfect the mechanism of a free and
                                                                                                             Markets, Responses to Frequently Asked Questions         11 For purposes only of waiving the 30-day
                                                  open market and a national market                          Concerning Rule 611 and 610 of Regulation NMS,        operative delay, the Commission has also
                                                                                                             April 4, 2008 update, Question 7.03, available at     considered the proposed rule’s impact on
                                                    4 15   U.S.C. 78f(b).                                    https://www.sec.gov/divisions/marketreg/              efficiency, competition, and capital formation. See
                                                    5 15   U.S.C. 78f(b)(5).                                 nmsfaq610-11.htm.                                     15 U.S.C. 78c(f).



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                                                                                Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices                                                   9575

                                                  IV. Solicitation of Comments                                For the Commission, by the Division of              received no comments on the proposed
                                                                                                            Trading and Markets, pursuant to delegated            rule change.
                                                    Interested persons are invited to                       authority.12                                            Section 19(b)(2) of the Act 6 provides
                                                  submit written data, views, and                           Brent J. Fields,                                      that within 45 days of the publication of
                                                  arguments concerning the foregoing,                       Secretary.                                            notice of the filing of a proposed rule
                                                  including whether the proposed rule                       [FR Doc. 2016–03961 Filed 2–24–16; 8:45 am]           change, or within such longer period up
                                                  change is consistent with the Act.                        BILLING CODE 8011–01–P                                to 90 days as the Commission may
                                                  Comments may be submitted by any of                                                                             designate if it finds such longer period
                                                  the following methods:                                                                                          to be appropriate and publishes its
                                                                                                            SECURITIES AND EXCHANGE                               reasons for so finding, or as to which the
                                                  Electronic Comments                                       COMMISSION                                            self-regulatory organization consents,
                                                    • Use the Commission’s Internet                         [Release No. 34–77192; File No. SR–
                                                                                                                                                                  the Commission shall either approve the
                                                                                                            NASDAQ–2015–161]                                      proposed rule change, disapprove the
                                                  comment form (http://www.sec.gov/
                                                                                                                                                                  proposed rule change, or institute
                                                  rules/sro.shtml); or
                                                                                                            Self-Regulatory Organizations; The                    proceedings to determine whether the
                                                    • Send an email to rule-comments@                       NASDAQ Stock Market LLC; Notice of                    proposed rule change should be
                                                  sec.gov. Please include File Number SR–                   Designation of a Longer Period for                    disapproved. The 45th day after
                                                  NYSEArca–2016–34 on the subject line.                     Commission Action on Proposed Rule                    publication of the notice for this
                                                                                                            Change, as Modified by Amendment                      proposed rule change is February 22,
                                                  Paper Comments
                                                                                                            Nos. 1 and 2 Thereto, Relating to the                 2016. The Commission is extending this
                                                    • Send paper comments in triplicate                     Listing and Trading of the Shares of                  45-day time period.
                                                  to Brent J. Fields, Secretary, Securities                 the First Trust RiverFront Dynamic                      The Commission finds it appropriate
                                                  and Exchange Commission, 100 F Street                     Europe ETF, First Trust RiverFront                    to designate a longer period within
                                                  NE., Washington, DC 20549–1090.                           Dynamic Asia Pacific ETF, First Trust                 which to take action on the proposed
                                                                                                            RiverFront Dynamic Emerging Markets                   rule change so that it has sufficient time
                                                  All submissions should refer to File                      ETF, and First Trust RiverFront                       to consider this proposed rule change.
                                                  Number SR–NYSEArca–2016–34. This                          Dynamic Developed International ETF                   Accordingly, the Commission, pursuant
                                                  file number should be included on the                     of First Trust Exchange-Traded Fund III               to Section 19(b)(2) of the Act,7
                                                  subject line if email is used. To help the                                                                      designates April 7, 2016, as the date by
                                                                                                            February 19, 2016.
                                                  Commission process and review your                                                                              which the Commission shall either
                                                                                                               On December 22, 2015, The NASDAQ                   approve or disapprove, or institute
                                                  comments more efficiently, please use
                                                                                                            Stock Market LLC (‘‘Exchange’’) filed                 proceedings to determine whether to
                                                  only one method. The Commission will                      with the Securities and Exchange
                                                  post all comments on the Commission’s                                                                           disapprove, the proposed rule change
                                                                                                            Commission (‘‘Commission’’), pursuant                 (File No. SR–NASDAQ–2015–161), as
                                                  Internet Web site (http://www.sec.gov/                    to Section 19(b)(1) of the Securities
                                                  rules/sro.shtml). Copies of the                                                                                 modified by Amendment Nos. 1 and 2
                                                                                                            Exchange Act of 1934 (‘‘Act’’) 1 and Rule             thereto.
                                                  submission, all subsequent                                19b–4 thereunder,2 a proposed rule
                                                  amendments, all written statements                        change to list and trade the shares of the              For the Commission, by the Division of
                                                  with respect to the proposed rule                         First Trust RiverFront Dynamic Europe                 Trading and Markets, pursuant to delegated
                                                                                                                                                                  authority.8
                                                  change that are filed with the                            ETF; First Trust RiverFront Dynamic
                                                  Commission, and all written                                                                                     Brent J. Fields,
                                                                                                            Asia Pacific ETF; First Trust RiverFront
                                                  communications relating to the                            Dynamic Emerging Markets ETF; and                     Secretary.
                                                  proposed rule change between the                          First Trust RiverFront Dynamic                        [FR Doc. 2016–03952 Filed 2–24–16; 8:45 am]
                                                  Commission and any person, other than                     Developed International ETF                           BILLING CODE 8011–01–P

                                                  those that may be withheld from the                       (individually, ‘‘Fund,’’ and collectively,
                                                  public in accordance with the                             ‘‘Funds’’). The proposed rule change
                                                  provisions of 5 U.S.C. 552, will be                       was published for comment in the                      DEPARTMENT OF STATE
                                                  available for Web site viewing and                        Federal Register on January 8, 2016.3                 [Public Notice: 9454]
                                                  printing in the Commission’s Public                       On January 8, 2016, the Exchange filed
                                                  Reference Room, 100 F Street NE.,                         Amendment No. 1 to the proposed rule                  Notice of a Public Meeting
                                                  Washington, DC 20549 on official                          change.4 On February 18, 2016, the
                                                                                                            Exchange filed Amendment No. 2 to the                   The Department of State will conduct
                                                  business days between the hours of                                                                              an open meeting at 10:30 a.m. on
                                                  10:00 a.m. and 3:00 p.m. Copies of such                   proposed rule change.5 The Commission
                                                                                                                                                                  Tuesday, March 22, 2016, at the
                                                  filing also will be available for                           1 15  U.S.C. 78s(b)(1).                             headquarters of the Radio Technical
                                                  inspection and copying at the principal                     2 17  CFR 240.19b–4.                                Commission for Maritime Service
                                                  office of the Exchange. All comments                         3 See Securities Exchange Act Release No. 76817    (RTCM) in Suite 605, 1611 N. Kent
                                                  received will be posted without change;                   (January 4, 2016), 81 FR 978.                         Street, Arlington, Virginia 22209. The
                                                                                                               4 In Amendment No. 1, the Exchange clarified the
                                                  the Commission does not edit personal                                                                           primary purpose of the meeting is to
                                                                                                            proposed rule change by providing additional
                                                  identifying information from                              information regarding the currencies, and
                                                  submissions. You should submit only                       instruments that provide exposure to such             securities in which the Funds will invest, so that
                                                                                                            currencies, in which each Fund will invest.           they will apply on a continual basis. Amendment
                                                  information that you wish to make
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                                                                                                            Amendment No. 1 is not subject to notice and          No. 2 is not subject to notice and comment because
                                                  available publicly. All submissions                       comment because it is a technical amendment that      it does not materially alter the substance of the
                                                  should refer to File Number SR–                           does not materially alter the substance of the        proposed rule change or raise any novel regulatory
                                                  NYSEArca–2016–34, and should be                           proposed rule change or raise any novel regulatory    issues (Amendment No. 2 is available at: http://
                                                                                                            issues (Amendment No. 1 is available at: http://      www.sec.gov/comments/sr-nasdaq-2015-161/
                                                  submitted on or before March 17, 2016.                                                                          nasdaq2015161-2.pdf).
                                                                                                            www.sec.gov/comments/sr-nasdaq-2015-161/
                                                                                                                                                                     6 15 U.S.C. 78s(b)(2).
                                                                                                            nasdaq2015161-1.pdf).
                                                                                                               5 In Amendment No. 2, the Exchange expanded           7 15 U.S.C. 78s(b)(2).
                                                    12 17   CFR 200.30–3(a)(12).                            the application of certain criteria for the equity       8 17 CFR 200.30–3(a)(31).




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Document Created: 2018-02-02 14:35:22
Document Modified: 2018-02-02 14:35:22
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 9573 

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