82_FR_10973 82 FR 10942 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Amending Rule 98

82 FR 10942 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Amending Rule 98

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 31 (February 16, 2017)

Page Range10942-10944
FR Document2017-03108

Federal Register, Volume 82 Issue 31 (Thursday, February 16, 2017)
[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Notices]
[Pages 10942-10944]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03108]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80019; File No. SR-NYSE-2017-03]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing of Proposed Rule Change Amending Rule 98

February 10, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on January 26, 2017, New York Stock Exchange LLC (``NYSE'' 
or the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I, 
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 98 to provide that, while on 
the Trading Floor, Designated Market Makers (``DMM'') must trade DMM 
securities at their assigned stock trading post location and may not 
trade any security that is a related product of their DMM securities. 
The proposed rule change is available on the Exchange's Web site at 
www.nyse.com, at the principal office of the Exchange, and at the 
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 98 to provide that, while on 
the Trading Floor, DMMs must trade DMM securities at their assigned 
stock trading post location and may not trade any security that is a 
related product of their DMM securities.\4\
---------------------------------------------------------------------------

    \4\ As defined in Rule 2(i), the term ``DMM'' means an 
individual member, officer, partner, employee or associated person 
of a Designated Market Maker Unit who is approved by the Exchange to 
act in the capacity of a DMM. The term ``DMM securities'' is defined 
in Rule 98(a)(2) to mean any securities allocated to the DMM unit 
pursuant to Rule 103B or other applicable rules. The term ``related 
products'' is defined in Rule 98(a)(7) to mean any derivative 
instrument that is related to a DMM security, including options, 
warrants, hybrid securities, single-stock futures, security-based 
swap agreement, a forward contract, or any other instrument that is 
exercisable into or whose price is based upon or derived from a 
security traded at the Exchange.
---------------------------------------------------------------------------

Background
    Rule 98 governs the operation of a DMM unit and paragraph (c)(3) of 
that rule specifies restrictions on trading for member organizations 
operating a DMM unit. More specifically, Rule 98(c)(3)(B) provides 
that, while on the Trading Floor \5\ of the Exchange, employees of the 
DMM unit:
---------------------------------------------------------------------------

    \5\ As defined in Rule 6A, the term ``Trading Floor'' means the 
restricted-access physical areas designated by the Exchange for the 
trading of securities, commonly known as the ``Main Room'' and the 
``Buttonwood Room'' and does not include (i) the areas in the 
``Buttonwood Room'' designated by the Exchange where NYSE Amex-
listed options are traded, which, for the purposes of the Exchange's 
Rules, shall be referred to as the ``NYSE Amex Options Trading 
Floor'' or (ii) the physical area within fully enclosed telephone 
booths located in 18 Broad Street at the Southeast wall of the 
Trading Floor.
---------------------------------------------------------------------------

    (i) Except as provided for in Rule 36.30,\6\ may trade only DMM 
securities only on or through the systems and facilities of the 
Exchange as permitted by Exchange rules.
---------------------------------------------------------------------------

    \6\ Rule 36.30 permits a DMM unit that is registered in an 
Investment Company Unit (as defined in Section 703.16 of the Listed 
Company Manual) or a Trust Issued Receipt (as that term is defined 
in Rule 1200) to use a telephone connection or order entry terminal 
at the DMM unit's post to enter proprietary orders in the Unit or 
receipt in another market center, in a Component Security of such a 
Unit or receipt, or an options or futures contract related to such 
Unit or receipt, and may use the post telephone to obtain market 
information with respect to such Units, receipts, options, futures 
or Component Securities.
---------------------------------------------------------------------------

    (ii) except as provided for in Rules 36.30, may not communicate 
with individuals or systems responsible for making trading decisions 
for related products or for away-market trading in their assigned DMM 
securities.
    (iii) shall not have access to customer information or the DMM 
unit's position in related products.
    Accordingly, under current Rule 98, while on the Trading Floor, 
DMMs may only trade DMM securities and, thus, may not trade any other 
securities, including securities that are related products to their DMM 
securities.
Proposed Rule Change
    The Exchange proposes to amend Rule 98 to remove restrictions to 
DMM operations on the Trading Floor that are unrelated to the unique 
role of DMMs at the Exchange. Specifically, as described in Rule 104, 
DMMs have specified obligations with respect to their DMM securities 
and have access to specified non-public order information regarding 
their DMM securities.\7\ However, DMMs do not have a unique role or 
access to any non-public order information with respect to securities 
that are not assigned to them under Rule 103B. The

[[Page 10943]]

Exchange therefore believes that the current Rule 98 restrictions are 
unnecessarily broad.
---------------------------------------------------------------------------

    \7\ See, e.g., Rule 104(a) and (j).
---------------------------------------------------------------------------

    Accordingly, the Exchange proposes to amend Rule 98(c)(3)(B)(i) to 
provide that, while on the Trading Floor, employees of the DMM unit may 
trade DMM securities only on or through the systems and facilities of 
the Exchange at the DMM unit's assigned stock trading post location and 
as permitted by Exchange rules. Because the proposed rule would no 
longer specify the only securities that a DMM is permitted to trade, 
the Exchange proposes to delete the clause ``except as provided for in 
Rule 36.30.'' The Exchange also proposes to add new Rule 
98(c)(3)(B)(ii) to provide that while on the Trading Floor of the 
Exchange, employees of the DMM unit may not trade any security that is 
a related product of its DMM securities. The Exchange would renumber 
current Rules 98(c)(3)(B)(ii) and (iii) as new Rules 98(c)(3)(B)(iii) 
and (iv).
    As a result of these proposed changes, DMMs would no longer be 
restricted from trading securities that are unrelated to DMM securities 
while on the Trading Floor. However, the proposed amendments would 
continue to require that, while on the Trading Floor, DMMs would not be 
able to trade any securities that are related products to DMM 
securities. The proposed amendment would also add a new requirement 
that DMMs may only trade their DMM securities at their assigned stock 
trading post.
    The proposed rule change would allow Exchange DMMs that are also 
NYSE MKT LLC (``NYSE MKT'') DMMs to continue to operate. Currently, 
NYSE MKT's cash equities trading operations share a Floor with the 
Exchange.\8\ DMMs who are also approved as NYSE MKT DMMs currently 
trade in both NYSE-listed DMM securities and NYSE MKT-listed DMM 
securities from the same physical location on the exchanges' respective 
Trading Floors.\9\ NYSE MKT has proposed to transition from a Floor-
based trading model to a fully automated trading model.\10\ After such 
transition, NYSE MKT would continue to have electronic-access DMMs that 
would be the same member organizations that are currently operating as 
Floor-based NYSE MKT DMMs. The proposed amendment to Rule 98 would 
permit NYSE DMMs to continue to support their electronic NYSE MKT DMM 
functions in the same physical location where they are currently 
operating.
---------------------------------------------------------------------------

    \8\ Compare NYSE MKT Rule 6--Equities with NYSE Rule 6.
    \9\ NYSE MKT DMMs operate under the NYSE MKT Rule 98--Equities.
    \10\ See SR-NYSEMKT-2017-1 (``NYSE MKT Trading Rules Filing''). 
Subject to rule approval, NYSE MKT anticipates transitioning off of 
its Floor in the second quarter of 2017.
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(5) \11\ that an Exchange have rules that 
are designed to promote the just and equitable principles of trade, to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system and, in general, to protect 
investors and the public interest. The Exchange believes that the 
proposed change would remove impediments to and perfect the mechanism 
of a free and open market and a national market system because it would 
remove a restriction on DMMs from trading securities while on the 
Trading Floor that is unrelated to their role as a DMM. The Exchange 
also 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 because it would maintain restrictions on DMM trading 
while on the Trading Floor that are narrowly drawn to reflect the 
unique role of the DMM. The Exchange further 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 because it would 
enable NYSE DMMs that also operate NYSE MKT DMMs to continue to support 
their NYSE MKT DMM operations after NYSE MKT transitions to be a fully 
automated trading market.
---------------------------------------------------------------------------

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

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

    The Exchange does not believe that the proposed rule change would 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
designed to be pro-competitive because it would remove a restriction 
unique to DMMs, as specified in Rule 98, that limits which securities a 
DMM may trade while on the Trading Floor. No other member that trades 
on the Floor is subject to similar restrictions and the restrictions 
that the Exchange proposes to remove are unrelated to the DMM's unique 
role at the Exchange vis-[agrave]-vis their DMM securities. The 
proposed amendment would also promote competition because it would 
facilitate NYSE DMMs to be able to continue supporting their NYSE MKT 
DMM operations once NYSE MKT transitions to be a fully automated 
trading market.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or up to 90 days (i) as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding or (ii) as to which the self-regulatory 
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-NYSE-2017-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2017-03. 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

[[Page 10944]]

Commission and any person, other than those that may be withheld from 
the public in accordance with the provisions of 5 U.S.C. 552, will be 
available for Web site viewing and printing in the Commission's Public 
Reference Room, 100 F Street NE., Washington, DC 20549 on official 
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of 
the filing also will be available for inspection and copying at the 
principal office of the Exchange. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File Number SR-NYSE-2017-03 and should be submitted on or before March 
9, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-03108 Filed 2-15-17; 8:45 am]
BILLING CODE 8011-01-P



                                                    10942                       Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Notices

                                                    Steering Group (‘‘ISC’’) and an industry                Items I, II, and III below, which Items                 Background
                                                    working group to facilitate the transition              have been prepared by the self-                           Rule 98 governs the operation of a
                                                    to a T+2 settlement cycle for U.S. trades               regulatory organization. The                            DMM unit and paragraph (c)(3) of that
                                                    in equities, corporate and municipal                    Commission is publishing this notice to                 rule specifies restrictions on trading for
                                                    bonds, and unit investment trusts.16 The                solicit comments on the proposed rule                   member organizations operating a DMM
                                                    ISC has identified September 5, 2017, as                change from interested persons.                         unit. More specifically, Rule 98(c)(3)(B)
                                                    the target date for the transition to a T+2
                                                                                                            I. Self-Regulatory Organization’s                       provides that, while on the Trading
                                                    settlement cycle to occur.17
                                                                                                            Statement of the Terms of Substance of                  Floor 5 of the Exchange, employees of
                                                      For the reasons noted above, the
                                                    Commission finds that the proposal is                   the Proposed Rule Change                                the DMM unit:
                                                    consistent with the requirements of the                                                                           (i) Except as provided for in Rule
                                                                                                              The Exchange proposes to amend                        36.30,6 may trade only DMM securities
                                                    Act and would foster cooperation and                    Rule 98 to provide that, while on the
                                                    coordination with persons engaged in                                                                            only on or through the systems and
                                                                                                            Trading Floor, Designated Market                        facilities of the Exchange as permitted
                                                    regulating, clearing, settling, processing              Makers (‘‘DMM’’) must trade DMM
                                                    information with respect to, and                                                                                by Exchange rules.
                                                                                                            securities at their assigned stock trading                (ii) except as provided for in Rules
                                                    facilitating transactions in securities, to             post location and may not trade any
                                                    remove impediments to and perfect the                                                                           36.30, may not communicate with
                                                                                                            security that is a related product of their             individuals or systems responsible for
                                                    mechanism of a free and open market                     DMM securities. The proposed rule
                                                    and a national market system, and to                                                                            making trading decisions for related
                                                                                                            change is available on the Exchange’s                   products or for away-market trading in
                                                    protect investors and the public interest.              Web site at www.nyse.com, at the                        their assigned DMM securities.
                                                    IV. Conclusion                                          principal office of the Exchange, and at                  (iii) shall not have access to customer
                                                      It is therefore ordered, pursuant to                  the Commission’s Public Reference                       information or the DMM unit’s position
                                                    Section 19(b)(2) of the Act,18 that the                 Room.                                                   in related products.
                                                    proposed rule change (SR–NYSEMKT–                       II. Self-Regulatory Organization’s                        Accordingly, under current Rule 98,
                                                    2016–119), be and hereby is, approved.                  Statement of the Purpose of, and                        while on the Trading Floor, DMMs may
                                                      For the Commission, by the Division of                Statutory Basis for, the Proposed Rule                  only trade DMM securities and, thus,
                                                    Trading and Markets, pursuant to delegated              Change                                                  may not trade any other securities,
                                                    authority.19                                                                                                    including securities that are related
                                                    Eduardo A. Aleman,                                        In its filing with the Commission, the                products to their DMM securities.
                                                    Assistant Secretary.                                    self-regulatory organization included
                                                                                                                                                                    Proposed Rule Change
                                                                                                            statements concerning the purpose of,
                                                    [FR Doc. 2017–03109 Filed 2–15–17; 8:45 am]
                                                                                                            and basis for, the proposed rule change                   The Exchange proposes to amend
                                                    BILLING CODE 8011–01–P
                                                                                                            and discussed any comments it received                  Rule 98 to remove restrictions to DMM
                                                                                                            on the proposed rule change. The text                   operations on the Trading Floor that are
                                                                                                            of those statements may be examined at                  unrelated to the unique role of DMMs at
                                                    SECURITIES AND EXCHANGE
                                                                                                            the places specified in Item IV below.                  the Exchange. Specifically, as described
                                                    COMMISSION
                                                                                                            The Exchange has prepared summaries,                    in Rule 104, DMMs have specified
                                                    [Release No. 34–80019; File No. SR–NYSE–                set forth in sections A, B, and C below,                obligations with respect to their DMM
                                                    2017–03]                                                of the most significant parts of such                   securities and have access to specified
                                                                                                            statements.                                             non-public order information regarding
                                                    Self-Regulatory Organizations; New                                                                              their DMM securities.7 However, DMMs
                                                    York Stock Exchange LLC; Notice of                      A. Self-Regulatory Organization’s                       do not have a unique role or access to
                                                    Filing of Proposed Rule Change                          Statement of the Purpose of, and the                    any non-public order information with
                                                    Amending Rule 98                                        Statutory Basis for, the Proposed Rule                  respect to securities that are not
                                                                                                            Change                                                  assigned to them under Rule 103B. The
                                                    February 10, 2017.
                                                       Pursuant to Section 19(b)(1) 1 of the                1. Purpose
                                                                                                                                                                       5 As defined in Rule 6A, the term ‘‘Trading Floor’’
                                                    Securities Exchange Act of 1934 (the
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                    The Exchange proposes to amend                        means the restricted-access physical areas
                                                                                                            Rule 98 to provide that, while on the                   designated by the Exchange for the trading of
                                                    notice is hereby given that, on January                                                                         securities, commonly known as the ‘‘Main Room’’
                                                    26, 2017, New York Stock Exchange                       Trading Floor, DMMs must trade DMM                      and the ‘‘Buttonwood Room’’ and does not include
                                                    LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed                securities at their assigned stock trading              (i) the areas in the ‘‘Buttonwood Room’’ designated
                                                    with the Securities and Exchange                        post location and may not trade any                     by the Exchange where NYSE Amex-listed options
                                                                                                            security that is a related product of their             are traded, which, for the purposes of the
                                                    Commission (the ‘‘Commission’’) the                                                                             Exchange’s Rules, shall be referred to as the ‘‘NYSE
                                                    proposed rule change as described in                    DMM securities.4                                        Amex Options Trading Floor’’ or (ii) the physical
                                                                                                                                                                    area within fully enclosed telephone booths located
                                                      16 See Press Release, DTCC, Industry Steering            4 As defined in Rule 2(i), the term ‘‘DMM’’ means    in 18 Broad Street at the Southeast wall of the
                                                                                                            an individual member, officer, partner, employee or     Trading Floor.
                                                    Committee and Working Group Formed to Drive                                                                        6 Rule 36.30 permits a DMM unit that is registered
                                                    Implementation of T+2 in the U.S. (Oct. 2014),          associated person of a Designated Market Maker
                                                    http://www.dtcc.com/news/2014/october/16/               Unit who is approved by the Exchange to act in the      in an Investment Company Unit (as defined in
                                                    ust2.aspx.                                              capacity of a DMM. The term ‘‘DMM securities’’ is       Section 703.16 of the Listed Company Manual) or
                                                                                                                                                                    a Trust Issued Receipt (as that term is defined in
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      17 See Press Release, ISC, U.S. T+2 ISC               defined in Rule 98(a)(2) to mean any securities
                                                                                                            allocated to the DMM unit pursuant to Rule 103B         Rule 1200) to use a telephone connection or order
                                                    Recommends Move to Shorter Settlement Cycle On
                                                                                                            or other applicable rules. The term ‘‘related           entry terminal at the DMM unit’s post to enter
                                                    September 5, 2017 (Mar. 7, 2016), http://
                                                                                                            products’’ is defined in Rule 98(a)(7) to mean any      proprietary orders in the Unit or receipt in another
                                                    www.ust2.com/pdfs/T2-ISC-recommends-shorter-
                                                                                                            derivative instrument that is related to a DMM          market center, in a Component Security of such a
                                                    settlement-030716.pdf.
                                                      18 15 U.S.C. 78s(b)(2).                               security, including options, warrants, hybrid           Unit or receipt, or an options or futures contract
                                                                                                            securities, single-stock futures, security-based swap   related to such Unit or receipt, and may use the
                                                      19 17 CFR 200.30–3(a)(12).
                                                                                                            agreement, a forward contract, or any other             post telephone to obtain market information with
                                                      1 15 U.S.C. 78s(b)(1).
                                                                                                            instrument that is exercisable into or whose price      respect to such Units, receipts, options, futures or
                                                      2 15 U.S.C. 78a.                                                                                              Component Securities.
                                                                                                            is based upon or derived from a security traded at
                                                      3 17 CFR 240.19b–4.                                   the Exchange.                                              7 See, e.g., Rule 104(a) and (j).




                                               VerDate Sep<11>2014   19:05 Feb 15, 2017   Jkt 241001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\16FEN1.SGM    16FEN1


                                                                                Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Notices                                            10943

                                                    Exchange therefore believes that the                    Rule 98 would permit NYSE DMMs to                       NYSE MKT DMM operations once
                                                    current Rule 98 restrictions are                        continue to support their electronic                    NYSE MKT transitions to be a fully
                                                    unnecessarily broad.                                    NYSE MKT DMM functions in the same                      automated trading market.
                                                       Accordingly, the Exchange proposes                   physical location where they are
                                                    to amend Rule 98(c)(3)(B)(i) to provide                                                                         C. Self-Regulatory Organization’s
                                                                                                            currently operating.
                                                    that, while on the Trading Floor,                                                                               Statement on Comments on the
                                                    employees of the DMM unit may trade                     2. Statutory Basis                                      Proposed Rule Change Received From
                                                    DMM securities only on or through the                      The basis under the Act for this                     Members, Participants, or Others
                                                    systems and facilities of the Exchange at               proposed rule change is the requirement                   No written comments were solicited
                                                    the DMM unit’s assigned stock trading                   under Section 6(b)(5) 11 that an                        or received with respect to the proposed
                                                    post location and as permitted by                       Exchange have rules that are designed to                rule change.
                                                    Exchange rules. Because the proposed                    promote the just and equitable
                                                                                                            principles of trade, to remove                          III. Date of Effectiveness of the
                                                    rule would no longer specify the only
                                                                                                            impediments to and perfect the                          Proposed Rule Change and Timing for
                                                    securities that a DMM is permitted to
                                                                                                            mechanism of a free and open market                     Commission Action
                                                    trade, the Exchange proposes to delete
                                                    the clause ‘‘except as provided for in                  and a national market system and, in                       Within 45 days of the date of
                                                    Rule 36.30.’’ The Exchange also                         general, to protect investors and the                   publication of this notice in the Federal
                                                    proposes to add new Rule 98(c)(3)(B)(ii)                public interest. The Exchange believes                  Register or up to 90 days (i) as the
                                                    to provide that while on the Trading                    that the proposed change would remove                   Commission may designate if it finds
                                                    Floor of the Exchange, employees of the                 impediments to and perfect the                          such longer period to be appropriate
                                                    DMM unit may not trade any security                     mechanism of a free and open market                     and publishes its reasons for so finding
                                                    that is a related product of its DMM                    and a national market system because it                 or (ii) as to which the self-regulatory
                                                    securities. The Exchange would                          would remove a restriction on DMMs                      organization consents, the Commission
                                                    renumber current Rules 98(c)(3)(B)(ii)                  from trading securities while on the                    will:
                                                    and (iii) as new Rules 98(c)(3)(B)(iii)                 Trading Floor that is unrelated to their                   (A) By order approve or disapprove
                                                    and (iv).                                               role as a DMM. The Exchange also                        the proposed rule change, or
                                                       As a result of these proposed changes,               believes that the proposed rule change                     (B) institute proceedings to determine
                                                    DMMs would no longer be restricted                      would remove impediments to and                         whether the proposed rule change
                                                    from trading securities that are                        perfect the mechanism of a free and                     should be disapproved.
                                                    unrelated to DMM securities while on                    open market and a national market
                                                                                                                                                                    IV. Solicitation of Comments
                                                    the Trading Floor. However, the                         system because it would maintain
                                                    proposed amendments would continue                      restrictions on DMM trading while on                      Interested persons are invited to
                                                    to require that, while on the Trading                   the Trading Floor that are narrowly                     submit written data, views, and
                                                    Floor, DMMs would not be able to trade                  drawn to reflect the unique role of the                 arguments concerning the foregoing,
                                                    any securities that are related products                DMM. The Exchange further believes                      including whether the proposed rule
                                                    to DMM securities. The proposed                         that the proposed rule change would                     change is consistent with the Act.
                                                    amendment would also add a new                          remove impediments to and perfect the                   Comments may be submitted by any of
                                                    requirement that DMMs may only trade                    mechanism of a free and open market                     the following methods:
                                                    their DMM securities at their assigned                  and a national market system because it                 Electronic Comments
                                                    stock trading post.                                     would enable NYSE DMMs that also
                                                       The proposed rule change would                       operate NYSE MKT DMMs to continue                         • Use the Commission’s Internet
                                                    allow Exchange DMMs that are also                       to support their NYSE MKT DMM                           comment form (http://www.sec.gov/
                                                    NYSE MKT LLC (‘‘NYSE MKT’’) DMMs                        operations after NYSE MKT transitions                   rules/sro.shtml); or
                                                    to continue to operate. Currently, NYSE                 to be a fully automated trading market.                   • Send an email to rule-comments@
                                                    MKT’s cash equities trading operations                                                                          sec.gov. Please include File Number SR–
                                                                                                            B. Self-Regulatory Organization’s                       NYSE–2017–03 on the subject line.
                                                    share a Floor with the Exchange.8
                                                                                                            Statement on Burden on Competition
                                                    DMMs who are also approved as NYSE                                                                              Paper Comments
                                                    MKT DMMs currently trade in both                           The Exchange does not believe that
                                                    NYSE-listed DMM securities and NYSE                     the proposed rule change would impose                     • Send paper comments in triplicate
                                                    MKT-listed DMM securities from the                      any burden on competition that is not                   to Brent J. Fields, Secretary, Securities
                                                    same physical location on the                           necessary or appropriate in furtherance                 and Exchange Commission, 100 F Street
                                                    exchanges’ respective Trading Floors.9                  of the purposes of the Act. The                         NE., Washington, DC 20549–1090.
                                                    NYSE MKT has proposed to transition                     proposed rule change is designed to be                  All submissions should refer to File
                                                    from a Floor-based trading model to a                   pro-competitive because it would                        Number SR–NYSE–2017–03. This file
                                                    fully automated trading model.10 After                  remove a restriction unique to DMMs, as                 number should be included on the
                                                    such transition, NYSE MKT would                         specified in Rule 98, that limits which                 subject line if email is used. To help the
                                                    continue to have electronic-access                      securities a DMM may trade while on                     Commission process and review your
                                                    DMMs that would be the same member                      the Trading Floor. No other member that                 comments more efficiently, please use
                                                    organizations that are currently                        trades on the Floor is subject to similar               only one method. The Commission will
                                                    operating as Floor-based NYSE MKT                       restrictions and the restrictions that the              post all comments on the Commission’s
                                                                                                            Exchange proposes to remove are                         Internet Web site (http://www.sec.gov/
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    DMMs. The proposed amendment to
                                                                                                            unrelated to the DMM’s unique role at                   rules/sro.shtml). Copies of the
                                                      8 Compare NYSE MKT Rule 6—Equities with               the Exchange vis-à-vis their DMM                       submission, all subsequent
                                                    NYSE Rule 6.                                            securities. The proposed amendment                      amendments, all written statements
                                                      9 NYSE MKT DMMs operate under the NYSE
                                                                                                            would also promote competition                          with respect to the proposed rule
                                                    MKT Rule 98—Equities.                                                                                           change that are filed with the
                                                      10 See SR–NYSEMKT–2017–1 (‘‘NYSE MKT
                                                                                                            because it would facilitate NYSE DMMs
                                                    Trading Rules Filing’’). Subject to rule approval,      to be able to continue supporting their                 Commission, and all written
                                                    NYSE MKT anticipates transitioning off of its Floor                                                             communications relating to the
                                                    in the second quarter of 2017.                            11 15   U.S.C. 78f(b)(5).                             proposed rule change between the


                                               VerDate Sep<11>2014   19:05 Feb 15, 2017   Jkt 241001   PO 00000   Frm 00073     Fmt 4703   Sfmt 4703   E:\FR\FM\16FEN1.SGM   16FEN1


                                                    10944                       Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Notices

                                                    Commission and any person, other than                   for distribution of an Enhanced Display               and Level 2, and a monthly per-
                                                    those that may be withheld from the                     Solution from $30,000 to $33,500, as                  subscriber rate of $6 for OpenView. The
                                                    public in accordance with the                           described further below.                              monthly per-subscriber fees for
                                                    provisions of 5 U.S.C. 552, will be                        While these amendments are effective               Distributors that elect not to purchase
                                                    available for Web site viewing and                      upon filing, the Exchange has                         an EDS Enterprise License fee are $74
                                                    printing in the Commission’s Public                     designated the proposed amendments to                 for TotalView and Level 2 and $6 for
                                                    Reference Room, 100 F Street NE.,                       be operative on February 1, 2017.                     OpenView, as provided in Rule
                                                    Washington, DC 20549 on official                           The text of the proposed rule change               7026(a)(1)(B). All Distributors who
                                                    business days between the hours of                      is available on the Exchange’s Web site               purchase an EDS, whether or not an
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  at http://nasdaq.cchwallstreet.com, at                Enterprise License is purchased, must
                                                    filing also will be available for                       the principal office of the Exchange, and             pay the distributor fees set forth in Rule
                                                    inspection and copying at the principal                 at the Commission’s Public Reference                  7026(a)(1)(A). The Enterprise License is
                                                    office of the Exchange. All comments                    Room.                                                 designed to provide a lower fee to the
                                                    received will be posted without change;                                                                       largest Distributors of depth-of-book
                                                    the Commission does not edit personal                   II. Self-Regulatory Organization’s
                                                                                                                                                                  data to encourage distribution of such
                                                    identifying information from                            Statement of the Purpose of, and
                                                                                                                                                                  data.
                                                    submissions. You should submit only                     Statutory Basis for, the Proposed Rule
                                                    information that you wish to make                       Change                                                Proposed Changes
                                                    available publicly. All submissions                       In its filing with the Commission, the                 The Exchange proposes to raise the
                                                    should refer to File Number SR–NYSE–                    Exchange included statements                          monthly EDS Enterprise License fee
                                                    2017–03 and should be submitted on or                   concerning the purpose of and basis for               from $30,000 to $33,500, and to correct
                                                    before March 9, 2017.                                   the proposed rule change and discussed                a cross reference to Rule 7023.
                                                      For the Commission, by the Division of                any comments it received on the
                                                    Trading and Markets, pursuant to delegated              proposed rule change. The text of these               EDS Enterprise License
                                                    authority.12                                            statements may be examined at the                        The proposed increase in the monthly
                                                    Eduardo A. Aleman,                                      places specified in Item IV below. The                EDS Enterprise License fee is reasonable
                                                    Assistant Secretary.                                    Exchange has prepared summaries, set                  in light of the value of EDS to
                                                    [FR Doc. 2017–03108 Filed 2–15–17; 8:45 am]             forth in sections A, B, and C below, of               Distributors and Subscribers, which has
                                                    BILLING CODE 8011–01–P                                  the most significant aspects of such                  increased significantly due to
                                                                                                            statements.                                           technological advances that have
                                                                                                            A. Self-Regulatory Organization’s                     occurred since EDS was introduced in
                                                    SECURITIES AND EXCHANGE                                 Statement of the Purpose of, and                      January of 2012, particularly for those
                                                    COMMISSION                                              Statutory Basis for, the Proposed Rule                Distributors with sufficient volume to
                                                    [Release No. 34–80015; File No. SR–                     Change                                                purchase an Enterprise License.
                                                    NASDAQ–2017–007]                                                                                                 The key feature of EDS—the
                                                                                                            1. Purpose
                                                                                                                                                                  capability of connecting to an API—
                                                    Self-Regulatory Organizations; The                        The purpose of the proposed rule                    allows the Subscriber to transfer Nasdaq
                                                    NASDAQ Stock Market LLC; Notice of                      change is to raise the monthly                        data to any number of applications.
                                                    Filing and Immediate Effectiveness of                   Enterprise License fee for distribution of            When EDS was first introduced, data
                                                    Proposed Rule Change To Amend the                       an Enhanced Display Solution from                     was transferred to relatively simple
                                                    Exchange’s Data Fees at Rule 7026                       $30,000 to $33,500, and to correct a                  applications, such as spreadsheets.
                                                    February 10, 2017.                                      cross reference to Rule 7023.                         Since 2012, EDS has become more
                                                       Pursuant to Section 19(b)(1) of the                  EDS Enterprise License                                valuable as the use of the API has
                                                    Securities Exchange Act of 1934                                                                               moved from spreadsheets to complex
                                                                                                               An Enhanced Display Solution                       analytic tools, enhancing the value of
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                            (‘‘EDS’’) provides a display of Nasdaq                EDS to both Subscribers and
                                                    notice is hereby given that, on January
                                                                                                            depth-of-book data—data feeds with                    Distributors.
                                                    30, 2017, The NASDAQ Stock Market
                                                                                                            price quotations at more than one price                  Distributors that purchase EDS
                                                    LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed
                                                                                                            level, such as TotalView, OpenView and                through the Enterprise License are
                                                    with the Securities and Exchange
                                                                                                            Level 2—with the capability of                        among the greatest beneficiaries of EDS
                                                    Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                                                                            connecting to an Application                          because they have the largest number of
                                                    the proposed rule change as described
                                                                                                            Programming Interface (‘‘API’’). The API              Subscribers. They are also in the best
                                                    in Items I, II, and III below, which Items
                                                                                                            allows Subscribers to export the depth-               position to bear the cost of an increase
                                                    have been prepared by the Exchange.
                                                                                                            of-book data to a display application of              in the price of EDS because of that larger
                                                    The Commission is publishing this
                                                                                                            their choosing, provided that the                     subscriber base.
                                                    notice to solicit comments on the
                                                                                                            Distributor controls access to the
                                                    proposed rule change from interested                                                                             In summary, the price increase is
                                                                                                            application, monitors its use, and
                                                    persons.                                                                                                      justified by the increasing value of EDS
                                                                                                            prevents redistribution of the data,
                                                    I. Self-Regulatory Organization’s                                                                             to Distributors that purchase an
                                                                                                            either externally or internally.
                                                    Statement of the Terms of Substance of                                                                        Enterprise License.
                                                                                                               The Enterprise License fee allows
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    the Proposed Rule Change                                Distributors to purchase an EDS for                   Technical Correction
                                                       The Exchange proposes to amend the                   professional subscribers at a fixed
                                                                                                            monthly per-subscriber rate. The current                 Nasdaq also proposes to correct a
                                                    Exchange’s data fees at Rule 7026 to                                                                          cross reference to Rule 7023 (Nasdaq
                                                    raise the monthly Enterprise License fee                fee of $30,000 per month permits the
                                                                                                            distribution of Nasdaq depth-of-book                  Depth-of-Book Data).
                                                      12 17 CFR 200.30–3(a)(12).                            data to an unlimited number of                           On January 5, 2012, the Exchange
                                                      1 15 U.S.C. 78s(b)(1).                                professional subscribers at a monthly                 filed with the Commission a proposal to
                                                      2 17 CFR 240.19b–4.                                   per-subscriber rate of $70 for TotalView              amend Rule 7026 to offer an optional


                                               VerDate Sep<11>2014   19:05 Feb 15, 2017   Jkt 241001   PO 00000   Frm 00074   Fmt 4703   Sfmt 4703   E:\FR\FM\16FEN1.SGM   16FEN1



Document Created: 2018-02-01 15:02:15
Document Modified: 2018-02-01 15:02:15
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 Citation82 FR 10942 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR