82_FR_11422 82 FR 11388 - Self-Regulatory Organizations; New York Stock Exchange LLC; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change Amending Rule 104 To Delete Subsection (g)(i)(A)(III) Prohibiting Designated Market Makers From Establishing a New High (Low) Price on the Exchange in a Security the DMM Has a Long (Short) Position During the Last Ten Minutes Prior to the Close of Trading

82 FR 11388 - Self-Regulatory Organizations; New York Stock Exchange LLC; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change Amending Rule 104 To Delete Subsection (g)(i)(A)(III) Prohibiting Designated Market Makers From Establishing a New High (Low) Price on the Exchange in a Security the DMM Has a Long (Short) Position During the Last Ten Minutes Prior to the Close of Trading

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 34 (February 22, 2017)

Page Range11388-11389
FR Document2017-03399

Federal Register, Volume 82 Issue 34 (Wednesday, February 22, 2017)
[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)]
[Notices]
[Pages 11388-11389]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03399]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80044; File No. SR-NYSE-2016-71]


Self-Regulatory Organizations; New York Stock Exchange LLC; Order 
Instituting Proceedings To Determine Whether To Approve or Disapprove a 
Proposed Rule Change Amending Rule 104 To Delete Subsection 
(g)(i)(A)(III) Prohibiting Designated Market Makers From Establishing a 
New High (Low) Price on the Exchange in a Security the DMM Has a Long 
(Short) Position During the Last Ten Minutes Prior to the Close of 
Trading

February 15, 2017.

I. Introduction

    On October 27, 2016, New York Stock Exchange LLC (``Exchange'' or 
``NYSE'') filed with the Securities and Exchange Commission 
(``Commission'') pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change amending Rule 104 to delete subsection 
(g)(i)(A)(III), which prohibits Designated Market Makers (``DMMs'') 
from establishing, during the last ten minutes of trading before the 
close, a new high (low) price for the day on the Exchange in a security 
in which the DMM has a long (short) position (``Rule 104(g)(i)(A)(III) 
Prohibition''). The proposed rule change was published for comment in 
the Federal Register on November 17, 2016.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79284 (Nov. 10, 
2016), 81 FR 81222 (Nov. 17, 2016) (``Notice'').
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    On December, 20, 1016, the Commission extended to February 15, 
2017, the time period in which to approve the proposal, disapprove the 
proposal, or institute proceedings to determine whether to approve or 
disapprove the proposal.\4\ The Commission has received no comments on 
the proposal. This order institutes proceedings under Section 
19(b)(2)(B) of the Act to determine whether to approve or disapprove 
the proposal.
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    \4\ See Securities Exchange Act Release No. 79612 (Dec. 20, 
2016), 81 FR 95205 (Dec. 27, 2016).
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II. Description of the Proposal

    Currently, under Exchange Rule 104(g)(i)(A)(III), a DMM with a long 
(short) position in a security cannot, during the last ten minutes 
before the close of trading, make a purchase (sale) in that security 
that results in a new high (low) price on the Exchange for that day.\5\ 
The Exchange proposes to remove this prohibition from its rulebook.
---------------------------------------------------------------------------

    \5\ See Exchange Rule 104(g)(i)(A)(III). Exchange Rule 
104(g)(i)(A)(III)(2) provides two exceptions to this general 
prohibition.
---------------------------------------------------------------------------

    The Exchange asserts that, in light of developments in the equity 
markets and in the Exchange's own trading model, Rule 104(g)(i)(A)(III) 
has lost its original purpose and utility.\6\ Specifically, the 
Exchange asserts that, in today's electronic marketplace, where DMMs 
have replaced specialists, and control of pricing decisions has moved 
away from market participants on the Exchange trading floor, the 
purpose behind the Rule 104(g)(i)(A)(III) Prohibition is no longer 
necessary, and eliminating the prohibition would not eliminate other 
existing safeguards that prevent DMMs from inappropriately influencing 
or manipulating the close.\7\
---------------------------------------------------------------------------

    \6\ See Notice, 81 FR at 81223.
    \7\ See id. at 81222-81223.
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    The Exchange argues that the rationale behind preventing 
specialists from setting the price of a security on the Exchange in the 
final ten minutes of trading was to prevent specialists from 
inappropriately influencing the price of a security at the close to 
advantage a specialist's proprietary position.\8\ In today's fragmented 
marketplace, according to the Exchange, a new high or low price for a 
security on the Exchange in the last ten minutes of trading does not 
have a significant effect on the market price for that security, 
because a new high or low price on the Exchange may not be the new high 
or low for a security--prices may be higher or lower in away markets, 
where the majority of intra-day trading in NYSE-listed securities takes 
place--and because any advantage to a DMM by establishing a new high or 
low on the Exchange during the last ten minutes can rapidly evaporate 
following trades in away markets. Because DMMs do not have the ability 
to direct or influence trading, or to control intra-day prices, that 
specialists had before the implementation of Regulation NMS, the 
Exchange asserts, the Rule 104(g)(i)(A)(III) Prohibition is 
anachronistic.\9\
---------------------------------------------------------------------------

    \8\ See id. at 81223.
    \9\ See id.
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III. Proceedings To Determine Whether To Disapprove SR-NYSE-2016-71 and 
Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section 
19(b)(2)(B) of the Act \10\ to determine whether the proposal should be 
disapproved. Institution of such proceedings is appropriate at this 
time in view of the legal and policy issues raised by the proposal, as 
discussed below. Institution of disapproval proceedings does not 
indicate that the Commission has reached any conclusions with respect 
to any of the issues involved. Rather, as described in greater detail 
below, the Commission seeks and encourages interested persons to 
provide additional comment on the proposal.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
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    Pursuant to Section 19(b)(2)(B) of the Act, the Commission is 
providing notice of the grounds for disapproval under consideration. 
The Commission is instituting proceedings to allow for additional 
analysis of the proposed rule change's consistency with Section 6(b)(5) 
of the Act,\11\ which requires that the rules of an exchange be 
designed, among other things, to prevent fraudulent and manipulative 
acts and practices, to promote just and equitable principles of trade, 
to remove impediments to and perfect the mechanism of a free and open 
market and a national market system and, in general, to protect 
investors and the public interest. In addition, Section 6(b)(5) of the 
Act prohibits the rules of an exchange from being designed to permit 
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

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

    The Rule 104(g)(i)(A)(III) Prohibition was originally approved as 
part of the NYSE pilot program called the ``New Market Model.\12\ As 
the Commission stated when approving the NYSE proposal to conduct the 
New Market Model pilot, ``[w]e carefully review trading rule proposals 
that seek to offer

[[Page 11389]]

special advantages to market makers. Although an exchange may reward 
such participants for the benefits they provide to the exchange's 
market, such rewards must not be disproportionate to the services 
provided.'' \13\ In 2015, when the Commission approved the NYSE's 
proposal to make the New Market Model permanent,\14\ the Commission 
noted the Rule 104(g)(i)(A)(III) Prohibition,\15\ among many aspects of 
the New Market Model, and reiterated that the pilot program had been 
conducted, among other reasons, to seek ``further evidence that the 
benefits proposed for DMMs are not disproportionate to their 
obligations.'' \16\
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 58845 (Oct. 24, 
2008), 73 FR 64379 (Oct. 29, 2008) (SR-NYSE-2008-46) (approving NYSE 
New Market Model pilot program).
    \13\ See id. at 64388.
    \14\ See Securities Exchange Act Release No. 75578 (Jul. 31, 
2015), 80 FR 47008 (Aug.6, 2015) (SR-NYSE-2015-26) (``NMM Approval 
Order'').
    \15\ See NMM Approval Order, 80 FR at 47010.
    \16\ See id. at 47013.
---------------------------------------------------------------------------

    Under the proposal, the Exchange seeks to eliminate the Rule 
104(g)(i)(A)(III) Prohibition--an obligation imposed on DMMs--thereby 
altering the existing set of obligations and benefits of DMM status. 
Accordingly, the Commission seeks public comment on whether the 
Exchange's proposal would maintain an appropriate balance between the 
benefits and obligations of being a DMM on the Exchange and whether the 
obligations of DMMs under remaining Exchange rules are reasonably 
designed to prevent DMMs from inappropriately influencing or 
manipulating the close in light of DMMs' special responsibility for 
closing auctions under Exchange rules.

IV. Solicitation of Comments

    The Commission requests that interested persons provide written 
submissions of their views, data and arguments with respect to the 
concerns identified above, as well as any others they may have with the 
proposal. In particular, the Commission invites the written views of 
interested persons concerning whether the proposal is inconsistent with 
Section 6(b)(5) or any other provision of the Act, or the rules and 
regulation thereunder. Although there do not appear to be any issues 
relevant to approval or disapproval which would be facilitated by an 
oral presentation of views, data, and arguments, the Commission will 
consider, pursuant to Rule 19b-4, any request for an opportunity to 
make an oral presentation.\17\
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    \17\ Section 19(b)(2) of the Act, as amended by the Securities 
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the 
Commission flexibility to determine what type of proceeding--either 
oral or notice and opportunity for written comments--is appropriate 
for consideration of a particular proposal by a self-regulatory 
organization. See Securities Act Amendments of 1975, Senate Comm. on 
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st 
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views and 
arguments regarding whether the proposal should be disapproved by March 
15, 2017. Any person who wishes to file a rebuttal to any other 
person's submission must file that rebuttal by March 29, 2017.
    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-NYSE-2016-71 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 Numbers SR-NYSE-2016-71. The 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 proposal that are filed with the 
Commission, and all written communications relating to the proposal 
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 filings also will be available for inspection 
and copying at the principal office of the Exchanges. 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-2016-71 and should be 
submitted on or before March 15, 2017. Rebuttal comments should be 
submitted by March 29, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(57).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-03399 Filed 2-21-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                11388                     Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Notices

                                                respondents, including through the use                  2017, the time period in which to                      Exchange during the last ten minutes
                                                of automated collection techniques or                   approve the proposal, disapprove the                   can rapidly evaporate following trades
                                                other forms of information technology.                  proposal, or institute proceedings to                  in away markets. Because DMMs do not
                                                Consideration will be given to                          determine whether to approve or                        have the ability to direct or influence
                                                comments and suggestions submitted in                   disapprove the proposal.4 The                          trading, or to control intra-day prices,
                                                writing within 60 days of this                          Commission has received no comments                    that specialists had before the
                                                publication.                                            on the proposal. This order institutes                 implementation of Regulation NMS, the
                                                  Please direct your written comments                   proceedings under Section 19(b)(2)(B) of               Exchange asserts, the Rule
                                                to Pamela Dyson, Director/Chief                         the Act to determine whether to approve                104(g)(i)(A)(III) Prohibition is
                                                Information Officer, Securities and                     or disapprove the proposal.                            anachronistic.9
                                                Exchange Commission, C/O Remi
                                                                                                        II. Description of the Proposal                        III. Proceedings To Determine Whether
                                                Pavlik-Simon, 100 F Street NE.,
                                                                                                           Currently, under Exchange Rule                      To Disapprove SR–NYSE–2016–71 and
                                                Washington, DC 20549; or send an email
                                                                                                        104(g)(i)(A)(III), a DMM with a long                   Grounds for Disapproval Under
                                                to: PRA_Mailbox@sec.gov.                                                                                       Consideration
                                                                                                        (short) position in a security cannot,
                                                  Dated: February 15, 2017.
                                                                                                        during the last ten minutes before the                    The Commission is instituting
                                                Eduardo A. Aleman,                                      close of trading, make a purchase (sale)               proceedings pursuant to Section
                                                Assistant Secretary.                                    in that security that results in a new                 19(b)(2)(B) of the Act 10 to determine
                                                [FR Doc. 2017–03423 Filed 2–21–17; 8:45 am]             high (low) price on the Exchange for                   whether the proposal should be
                                                BILLING CODE 8011–01–P                                  that day.5 The Exchange proposes to                    disapproved. Institution of such
                                                                                                        remove this prohibition from its                       proceedings is appropriate at this time
                                                                                                        rulebook.                                              in view of the legal and policy issues
                                                SECURITIES AND EXCHANGE                                    The Exchange asserts that, in light of              raised by the proposal, as discussed
                                                COMMISSION                                              developments in the equity markets and                 below. Institution of disapproval
                                                [Release No. 34–80044; File No. SR–NYSE–                in the Exchange’s own trading model,                   proceedings does not indicate that the
                                                2016–71]                                                Rule 104(g)(i)(A)(III) has lost its original           Commission has reached any
                                                                                                        purpose and utility.6 Specifically, the                conclusions with respect to any of the
                                                Self-Regulatory Organizations; New                      Exchange asserts that, in today’s                      issues involved. Rather, as described in
                                                York Stock Exchange LLC; Order                          electronic marketplace, where DMMs                     greater detail below, the Commission
                                                Instituting Proceedings To Determine                    have replaced specialists, and control of              seeks and encourages interested persons
                                                Whether To Approve or Disapprove a                      pricing decisions has moved away from                  to provide additional comment on the
                                                Proposed Rule Change Amending Rule                      market participants on the Exchange                    proposal.
                                                104 To Delete Subsection (g)(i)(A)(III)                 trading floor, the purpose behind the                     Pursuant to Section 19(b)(2)(B) of the
                                                Prohibiting Designated Market Makers                    Rule 104(g)(i)(A)(III) Prohibition is no               Act, the Commission is providing notice
                                                From Establishing a New High (Low)                      longer necessary, and eliminating the                  of the grounds for disapproval under
                                                Price on the Exchange in a Security                     prohibition would not eliminate other                  consideration. The Commission is
                                                the DMM Has a Long (Short) Position                     existing safeguards that prevent DMMs                  instituting proceedings to allow for
                                                During the Last Ten Minutes Prior to                    from inappropriately influencing or                    additional analysis of the proposed rule
                                                the Close of Trading                                    manipulating the close.7                               change’s consistency with Section
                                                                                                           The Exchange argues that the                        6(b)(5) of the Act,11 which requires that
                                                February 15, 2017.                                      rationale behind preventing specialists                the rules of an exchange be designed,
                                                I. Introduction                                         from setting the price of a security on                among other things, to prevent
                                                                                                        the Exchange in the final ten minutes of               fraudulent and manipulative acts and
                                                   On October 27, 2016, New York Stock                  trading was to prevent specialists from                practices, to promote just and equitable
                                                Exchange LLC (‘‘Exchange’’ or ‘‘NYSE’’)                 inappropriately influencing the price of               principles of trade, to remove
                                                filed with the Securities and Exchange                  a security at the close to advantage a                 impediments to and perfect the
                                                Commission (‘‘Commission’’) pursuant                    specialist’s proprietary position.8 In                 mechanism of a free and open market
                                                to Section 19(b)(1) of the Securities                   today’s fragmented marketplace,                        and a national market system and, in
                                                Exchange Act of 1934 (‘‘Act’’) 1 and Rule               according to the Exchange, a new high                  general, to protect investors and the
                                                19b–4 thereunder,2 a proposed rule                      or low price for a security on the                     public interest. In addition, Section
                                                change amending Rule 104 to delete                      Exchange in the last ten minutes of                    6(b)(5) of the Act prohibits the rules of
                                                subsection (g)(i)(A)(III), which prohibits              trading does not have a significant effect             an exchange from being designed to
                                                Designated Market Makers (‘‘DMMs’’)                     on the market price for that security,                 permit unfair discrimination between
                                                from establishing, during the last ten                  because a new high or low price on the                 customers, issuers, brokers, or dealers.
                                                minutes of trading before the close, a                  Exchange may not be the new high or                       The Rule 104(g)(i)(A)(III) Prohibition
                                                new high (low) price for the day on the                 low for a security—prices may be higher                was originally approved as part of the
                                                Exchange in a security in which the                     or lower in away markets, where the                    NYSE pilot program called the ‘‘New
                                                DMM has a long (short) position (‘‘Rule                 majority of intra-day trading in NYSE-                 Market Model.12 As the Commission
                                                104(g)(i)(A)(III) Prohibition’’). The                   listed securities takes place—and                      stated when approving the NYSE
                                                proposed rule change was published for                  because any advantage to a DMM by                      proposal to conduct the New Market
                                                comment in the Federal Register on                      establishing a new high or low on the                  Model pilot, ‘‘[w]e carefully review
                                                November 17, 2016.3                                                                                            trading rule proposals that seek to offer
sradovich on DSK3GMQ082PROD with NOTICES




                                                   On December, 20, 1016, the                             4 See Securities Exchange Act Release No. 79612
                                                Commission extended to February 15,                     (Dec. 20, 2016), 81 FR 95205 (Dec. 27, 2016).            9 See id.
                                                                                                          5 See Exchange Rule 104(g)(i)(A)(III). Exchange        10 15 U.S.C. 78s(b)(2)(B).
                                                  1 15  U.S.C. 78s(b)(1).                               Rule 104(g)(i)(A)(III)(2) provides two exceptions to     11 15 U.S.C. 78f(b)(5).
                                                  2 17  CFR 240.19b–4.                                  this general prohibition.                                12 See Securities Exchange Act Release No. 58845
                                                   3 See Securities Exchange Act Release No. 79284        6 See Notice, 81 FR at 81223.
                                                                                                                                                               (Oct. 24, 2008), 73 FR 64379 (Oct. 29, 2008) (SR–
                                                                                                          7 See id. at 81222–81223.
                                                (Nov. 10, 2016), 81 FR 81222 (Nov. 17, 2016)                                                                   NYSE–2008–46) (approving NYSE New Market
                                                (‘‘Notice’’).                                             8 See id. at 81223.                                  Model pilot program).



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                                                                          Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Notices                                                 11389

                                                special advantages to market makers.                      Interested persons are invited to                     For the Commission, by the Division of
                                                Although an exchange may reward such                    submit written data, views and                        Trading and Markets, pursuant to delegated
                                                participants for the benefits they                      arguments regarding whether the                       authority.18
                                                provide to the exchange’s market, such                  proposal should be disapproved by                     Eduardo A. Aleman,
                                                rewards must not be disproportionate to                 March 15, 2017. Any person who                        Assistant Secretary.
                                                the services provided.’’ 13 In 2015, when               wishes to file a rebuttal to any other                [FR Doc. 2017–03399 Filed 2–21–17; 8:45 am]
                                                the Commission approved the NYSE’s                      person’s submission must file that                    BILLING CODE 8011–01–P
                                                proposal to make the New Market                         rebuttal by March 29, 2017.
                                                Model permanent,14 the Commission                         Comments may be submitted by any
                                                noted the Rule 104(g)(i)(A)(III)                        of the following methods:                             SECURITIES AND EXCHANGE
                                                Prohibition,15 among many aspects of                                                                          COMMISSION
                                                the New Market Model, and reiterated                    Electronic Comments
                                                                                                                                                              [Release No. 34–80045; File No. SR–
                                                that the pilot program had been                           • Use the Commission’s Internet                     NASDAQ–2017–013]
                                                conducted, among other reasons, to seek                 comment form (http://www.sec.gov/
                                                ‘‘further evidence that the benefits                    rules/sro.shtml); or                                  Self-Regulatory Organizations; The
                                                proposed for DMMs are not
                                                                                                          • Send an email to rule-comments@                   NASDAQ Stock Market LLC; Notice of
                                                disproportionate to their obligations.’’ 16                                                                   Filing and Immediate Effectiveness of
                                                   Under the proposal, the Exchange                     sec.gov. Please include File Number SR–
                                                                                                        NYSE–2016–71 on the subject line.                     Proposed Rule Change To Extend the
                                                seeks to eliminate the Rule                                                                                   Implementation Date of Its
                                                104(g)(i)(A)(III) Prohibition—an                        Paper Comments                                        Functionality Relating to Post-Only
                                                obligation imposed on DMMs—thereby                                                                            Orders and Orders With Midpoint
                                                altering the existing set of obligations                   • Send paper comments in triplicate
                                                                                                        to Brent J. Fields, Secretary, Securities             Pegging, and Its Trade-Now
                                                and benefits of DMM status.                                                                                   Functionality
                                                Accordingly, the Commission seeks                       and Exchange Commission, 100 F Street
                                                public comment on whether the                           NE., Washington, DC 20549–1090.                       February 15, 2017.
                                                Exchange’s proposal would maintain an                   All submissions should refer to File                     Pursuant to Section 19(b)(1) of the
                                                appropriate balance between the                         Numbers SR–NYSE–2016–71. The file                     Securities Exchange Act of 1934
                                                benefits and obligations of being a DMM                 number should be included on the                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                on the Exchange and whether the                         subject line if email is used. To help the            notice is hereby given that on February
                                                obligations of DMMs under remaining                     Commission process and review your                    3, 2017, The NASDAQ Stock Market
                                                Exchange rules are reasonably designed                  comments more efficiently, please use                 LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed
                                                to prevent DMMs from inappropriately                    only one method. The Commission will                  with the Securities and Exchange
                                                influencing or manipulating the close in                post all comments on the Commission’s                 Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                light of DMMs’ special responsibility for               Internet Web site (http://www.sec.gov/                the proposed rule change as described
                                                closing auctions under Exchange rules.                  rules/sro.shtml). Copies of the                       in Items I and II below, which Items
                                                IV. Solicitation of Comments                            submission, all subsequent                            have been prepared by the Exchange.
                                                                                                        amendments, all written statements                    The Commission is publishing this
                                                  The Commission requests that                          with respect to the proposal that are                 notice to solicit comments on the
                                                interested persons provide written                      filed with the Commission, and all                    proposed rule change from interested
                                                submissions of their views, data and                    written communications relating to the                persons.
                                                arguments with respect to the concerns                  proposal between the Commission and
                                                identified above, as well as any others                                                                       I. Self-Regulatory Organization’s
                                                                                                        any person, other than those that may be
                                                they may have with the proposal. In                                                                           Statement of the Terms of Substance of
                                                                                                        withheld from the public in accordance
                                                particular, the Commission invites the                                                                        the Proposed Rule Change
                                                                                                        with the provisions of 5 U.S.C. 552, will
                                                written views of interested persons                     be available for Web site viewing and                   The Exchange proposes to extend the
                                                concerning whether the proposal is                      printing in the Commission’s Public                   implementation date of its functionality
                                                inconsistent with Section 6(b)(5) or any                Reference Room, 100 F Street NE.,                     relating to Post-Only Orders and Orders
                                                other provision of the Act, or the rules                Washington, DC 20549, on official                     with Midpoint Pegging, and its Trade-
                                                and regulation thereunder. Although                     business days between the hours of                    Now functionality.
                                                there do not appear to be any issues                    10:00 a.m. and 3:00 p.m. Copies of such                 There is no rule text for this proposed
                                                relevant to approval or disapproval                     filings also will be available for                    rule change.
                                                which would be facilitated by an oral                   inspection and copying at the principal
                                                presentation of views, data, and                                                                              II. Self-Regulatory Organization’s
                                                                                                        office of the Exchanges. All comments                 Statement of the Purpose of, and
                                                arguments, the Commission will                          received will be posted without change;
                                                consider, pursuant to Rule 19b–4, any                                                                         Statutory Basis for, the Proposed Rule
                                                                                                        the Commission does not edit personal                 Change
                                                request for an opportunity to make an                   identifying information from
                                                oral presentation.17                                    submissions. You should submit only                     In its filing with the Commission, the
                                                                                                        information that you wish to make                     Exchange included statements
                                                  13 See  id. at 64388.
                                                                                                        available publicly. All submissions                   concerning the purpose of and basis for
                                                  14 See  Securities Exchange Act Release No. 75578
                                                (Jul. 31, 2015), 80 FR 47008 (Aug.6, 2015) (SR–         should refer to File Number SR–NYSE–                  the proposed rule change and discussed
                                                NYSE–2015–26) (‘‘NMM Approval Order’’).                 2016–71 and should be submitted on or                 any comments it received on the
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                                                   15 See NMM Approval Order, 80 FR at 47010.
                                                                                                        before March 15, 2017. Rebuttal                       proposed rule change. The text of these
                                                   16 See id. at 47013.
                                                                                                        comments should be submitted by                       statements may be examined at the
                                                   17 Section 19(b)(2) of the Act, as amended by the
                                                                                                        March 29, 2017.                                       places specified in Item IV below. The
                                                Securities Act Amendments of 1975, Public Law                                                                 Exchange has prepared summaries, set
                                                94–29 (June 4, 1975), grants the Commission
                                                flexibility to determine what type of proceeding—       organization. See Securities Act Amendments of
                                                                                                                                                                18 17 CFR 200.30–3(a)(57).
                                                either oral or notice and opportunity for written       1975, Senate Comm. on Banking, Housing & Urban
                                                                                                                                                                1 15 U.S.C. 78s(b)(1).
                                                comments—is appropriate for consideration of a          Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30
                                                particular proposal by a self-regulatory                (1975).                                                 2 17 CFR 240.19b–4.




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Document Created: 2017-02-22 00:08:48
Document Modified: 2017-02-22 00:08:48
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 11388 

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