82_FR_11989 82 FR 11952 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of Proposed Rule Change To Amend Rule 925.1NY Regarding Market Maker Quotations, Including To Adopt a Market Maker Light Only Quotation

82 FR 11952 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of Proposed Rule Change To Amend Rule 925.1NY Regarding Market Maker Quotations, Including To Adopt a Market Maker Light Only Quotation

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 37 (February 27, 2017)

Page Range11952-11955
FR Document2017-03728

Federal Register, Volume 82 Issue 37 (Monday, February 27, 2017)
[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Notices]
[Pages 11952-11955]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03728]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80073; File No. SR-NYSEMKT-2017-08]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of 
Proposed Rule Change To Amend Rule 925.1NY Regarding Market Maker 
Quotations, Including To Adopt a Market Maker Light Only Quotation

February 21, 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 February 10, 2017, NYSE MKT LLC (the ``Exchange'' or 
``NYSE MKT'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 925.1NY regarding Market Maker 
Quotations, including to adopt a Market Maker Light Only Quotation. 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 purpose of this filing is to modify Rule 925.1NY regarding 
Market Maker Quotations. Rule 925.1NY(a) provides that a Market Maker 
may enter quotes in the option issues included in its appointment. The 
Exchange proposes to amend Rule 925.1NY(a) to define Market Maker 
quotes, add a new quote type, and specify how such quotes would be 
processed when a series is open for trading.
Defining Market Maker Quotes and Adopting Market Maker Light Only 
Quotes
    First, the Exchange proposes to define Market Maker quotes to 
provide that ``[t]he term `quote' or `quotation' means a bid or offer 
entered by a Market Maker that updates the Market Maker's previous bid 
or offer, if any.'' \4\ This proposed definition, which would add 
clarity, transparency, and internal consistency to Exchange rules, is 
identical or substantially identical to the way quotes are defined on 
at least two other options exchanges.\5\ Consistent with this change, 
the Exchange also proposes to modify the current definition of ``Quote 
with Size'' to include a cross reference to the proposed definition of 
quotation, which would add clarity and transparency to Exchange 
rules.\6\
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    \4\ See proposed Rule 925.1NY(a)(1).
    \5\ See, e.g., International Securities Exchange Rule 100(42). 
See also BOX Options Exchange LLC Rule 100(a)(55) (providing that 
``[t]he term ``quote'' or ``quotation'' means a bid or offer entered 
by a Market Maker as a firm order that updates the Market Maker's 
previous bid or offer, if any'').
    \6\ See proposed Rule 900.2NY(65) (providing that ``the term 
`Quote with Size' means a quotation (as defined in Rule 925.1NY 
(a)(1)) to buy or sell a specific number of option contracts at a 
specific price that a Market Maker has submitted to the System 
through an electronic interface'').

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[[Page 11953]]

    Second, the Exchange proposes to add a Market Maker Light Only 
Quotation (``MMLO'') to provide Market Makers the option to designate 
incoming quotes to trade solely with displayed interest on the 
Consolidated Book.\7\ This proposed change would allow Market Makers to 
designate quotes as MMLO to prevent such quotes from trading with 
undisplayed liquidity upon arrival. Once an MMLO is added to the 
Consolidated Book, the MMLO designation no longer applies and any 
unexecuted portion could trade with displayed and undisplayed interest. 
The Exchange believes that this functionality would give Market Makers 
greater control over the circumstances in which their quotes interact 
with contra-side trading interest on the Exchange. This increase in 
control is desirable from the perspective of Market Makers because it 
is difficult for them to account for undisplayed liquidity in their 
quoting models.\8\ Because the options market is quote driven, Market 
Makers are vital to the price discovery process, the Exchange believes 
that the proposed MMLO would provide Market Makers with a greater level 
of determinism, in terms of managing their exposure, and thus may 
encourage more aggressive liquidity provision, resulting in more 
trading opportunities and tighter spreads. Accordingly, the Exchange 
believes that the proposal would improve overall market quality and 
enhance competition on the Exchange to the benefit to all market 
participants.9 10 The Exchange also notes that other options 
exchanges have recently adopted quote types designed to strengthen 
market making.\11\
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    \7\ See proposed Rule 925.1NY(a)(2).
    \8\ The Exchange understands that, while a Market Maker's 
quoting algorithm can take into account displayed liquidity in the 
marketplace, the algorithm may not be able to accurately account for 
the risk of interacting with undisplayed liquidity.
    \9\ The Exchange notes that the concept of allowing market 
participants, including Market Makers, to avoid trading with 
undisplayed liquidity is available on other options exchanges. See 
e.g., NYSE Arca, Inc. (``Arca'') Rule 6.62(v) (defining PNP-Light 
Orders as non-routable orders that are only eligible to execute 
against displayed liquidity).
    \10\ The Exchange notes that another options exchange--Arca--
previously offered (and later eliminated) a Post No Preference Light 
Only Quotation (``PNPLO''), which, like the MMLO, allowed Market 
Makers to designate certain quotations to only interact with 
displayed liquidity. The Commission approved the PNPLO, in part, on 
grounds that market participants, including Market Makers, could 
achieve functionality similar to the PNPLO through use of the PNP-
Light Order and that the PNPLO offer similar functionality for use 
by Market Makers when quoting. See Securities Exchange Act Release 
Nos. 67252 (June 25, 2012), 77 FR 38879 (June 29, 2012) (SR-
NYSEArca-2012-05) (order approving adoption of PNPLO, applicable to 
Penny Pilot issues only); 68339 (December 3, 2012), 77 FR 73109 
(December 7, 2012) (SR-NYSEArca-2012-130) (immediately effective 
filing extending the PNPLO to non-Penny Pilot issues). The PNPLO was 
eliminated approximately one year after it was adopted because the 
functionality was not implemented in the time period contemplated. 
See Securities Exchange Act Release No. 34-69641 (May 28, 2013), 78 
FR 33134 (June 3, 2013) (SR-NYSEArca-2013-51) (immediately effective 
filing deleting reference to the PNPLO from Rule 6.62(cc)).
    \11\ The Exchange notes that BOX recently added functionality to 
only accept quotes that add liquidity. See Securities Exchange Act 
Release Nos. 79311 (October 3 [sic], 2016), 81 FR 83322 (November 15 
[sic], 2016) (SR-BOX-2016-45) (order approving change to only accept 
liquidity-adding quotes); 78946 (September 27, 2016), 81 FR 68069 
(October 3, 2016) (notice). See also BOX IM-8050-3 (providing that 
``[i]f an incoming quote is marketable against the BOX Book and will 
execute against a resting order or quote, it will be rejected'').
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* * * * *
Specifying the Treatment of Market Maker Quotes, Including MMLOs
    The Exchange also proposes to modify and add detail regarding how 
Market Maker quotes, including MMLOs, would be processed when a series 
is open for trading. As discussed below, the Exchange's proposal to 
modify the processing of Market Maker quotations aligns with the NMS 
plan for Options Order Protection And Locked/Crossed Market Plan 
(``Plan''), to which the Exchange is a party.\12\
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    \12\ See Plan, dated April 14, 2009, available here, http://www.optionsclearing.com/components/docs/clearing/services/options_order_protection_plan.pdf. See also Securities Exchange Act 
Release No. 60405 (July 30, 2009), 74 FR 39362 (August 6, 2009) 
(File No. 4-546) (order approving the Plan). Consistent with the 
Plan, the rules of the Exchange include prohibitions against trade-
throughs and a pattern or practice of displaying certain quotations 
that lock or cross away markets. See, e.g., Rules 991NY, 992NY. See 
also infra note 20.
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    The Exchange proposes to change the treatment of incoming 
quotations, including the conditions under which quotes would be 
cancelled or rejected. Specifically, as proposed, an incoming quotation 
would only trade against contra-side interest in the Consolidated Book 
at prices that would not trade through interest on another Market 
Center.\13\ Any untraded size of an incoming quote would be added to 
the Consolidated Book, unless it locks or crosses interest on another 
Market Center or if the quote is an MMLO and locks or crosses 
undisplayed interest.\14\ The proposed rule would state that when such 
quantity of an incoming quote is cancelled (as opposed to being 
rejected outright), the Exchange would also cancel the Market Maker's 
current quote on the opposite side of the market. In other words, both 
sides of the Market Maker's quote residing on the Consolidated Book 
would be cancelled, which allows a Market Maker to refresh both its bid 
and offer simultaneously.
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    \13\ See proposed 925.1NY(a)(3)(A). See Rule 900.2NY(36) 
(defining Market Center as ``a national securities exchange that has 
qualified for participation in the Options Clearing Corporation 
pursuant to the provisions of the rules of the Options Clearing 
Corporation'').
    \14\ See proposed Rule 925.1NY(a)(3)(B)(i).
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    In addition, as proposed, an incoming quotation would be rejected 
if it locks or crosses interest on another Market Center and if it 
cannot trade with interest in the Consolidated Book at prices that do 
not trade through another Market Center.\15\ An incoming quotation 
designated as MMLO would be rejected if it locks or crosses undisplayed 
interest and cannot trade with displayed interest in the Consolidated 
Book at prices that do not trade through another Market Center.\16\ The 
proposed rule would specify that when an incoming quote is rejected 
outright (as opposed to being cancelled after a partial fill), the 
Exchange would also cancel the Market Maker's current quote on the same 
side of the market.\17\ Such treatment recognizes that the Market Maker 
attempted (unsuccessfully) to update its bid or offer price and allows 
the Market Maker to refresh that side of its quote.
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    \15\ See proposed Rule 925.1NY(a)(3)(C)(i).
    \16\ See proposed Rule 925.1NY(a)(3)(C)(ii).
    \17\ See proposed Rule 925.1NY (a)(3)(C).
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    In addition, when a series is open for trading, a quote will trade 
only against interest in the Consolidated Book and will not route. The 
Exchange does not route Market Maker quotations because such quotes are 
designed to meet the Market Maker's obligation to have displayed 
quotations on the Exchange. The Exchange proposes to specify this 
functionality in Exchange rules.\18\
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    \18\ See proposed Rule 925.1NY(a)(3), (D).
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    The Exchange believes that processing Market Maker quotations, as 
described in the proposed rules, aligns with the Plan.\19\ The Plan 
obligates the participating exchanges to provide order protection, 
including addressing locked and crossed markets and the potential for 
trade-throughs in certain options classes.\20\ The Plan establishes 
various obligations for participating exchanges, including that Market 
Makers should ``reasonably avoid displaying, and shall not engage in a 
pattern or practice of displaying, any quotations that lock or cross'' 
the best bid or offer on another Market Center.\21\ The Plan further 
obligates participating exchanges to conduct surveillance of their 
respective markets on a regular basis to ascertain the effectiveness of 
the policies and procedures to prevent trade-throughs

[[Page 11954]]

and to take prompt action to remedy deficiencies in such policies and 
procedures.\22\ Because Market Maker quotations do not route, and 
incoming quotes, or portions thereof, would reject or cancel if such 
quotes locked or crossed away markets, the Exchange believes the 
proposal is consistent with the requirements of the Plan. In addition, 
the proposed processing of quotes is consistent with the Plan because 
it avoids trading-through better prices on other exchange and locking 
or crossing markets. In addition, the Exchange believes this proposal 
would assist Market Makers in maintaining a fair and orderly market, as 
it would encourage Market Makers to provide greater liquidity.
---------------------------------------------------------------------------

    \19\ See Plan, supra note 12.
    \20\ See e.g., Securities Exchange Act Release No. 60526 (August 
18, 2009), 74 FR 43185 (August 26, 2009) (SR-NYSEAmex-2009-19) 
(adopting and updating Exchange rules to implement the Plan).
    \21\ See Plan at Section 6(c), supra note 12.
    \22\ See Plan at Section 5(a), supra note 12.
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    The Exchange notes that this proposal does not relieve a Market 
Maker of its continuous quoting, or firm quote, obligations pursuant to 
Rules 925.1NY and 970NY, respectively. Further, the Exchange notes that 
Market Makers would still be able to send orders in (and out of) 
classes to which they are appointed, as orders are not affected by this 
proposal.
Implementation
    The Exchange will announce the implementation of the proposed rule 
change by Trader Update, which implementation will be no later than 30 
days after the approval of this rule change.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\23\ in 
general, and furthers the objectives of Section 6(b)(5) of the Act,\24\ 
in particular, in that it is designed 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.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(b).
    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposal to add the definition of Market Maker quotes would 
provide clarity and transparency to Exchange rules to the benefit of 
investors as the additional clarity would promote just and equitable 
principles of trade and remove impediments to, and perfect the 
mechanism of, a free and open market and a national market system. The 
proposed rule amendments would also provide internal consistency within 
Exchange rules and operate to protect investors and the investing 
public by making the Exchange rules easier to navigate and comprehend. 
Because the proposed definition of quotes is identical or substantially 
identical to definitions provided on other options exchanges, the 
proposal presents no new or novel issues.\25\
---------------------------------------------------------------------------

    \25\ See supra note 5.
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    The proposal to offer to Market Makers the ability to designate 
quotes as MMLO would remove impediments to and perfect the mechanism of 
a free and open market and a national market system because it would 
provide Market Makers with increased control over interactions with 
contra-side liquidity. Specifically, the proposal would improve market 
making on the Exchange because it would prevent incoming Market Maker 
quotes from trading with resting undisplayed interest, which interest 
is difficult to take into account in quoting models. Accordingly, the 
Exchange believes that the proposed MMLO designation would provide 
Market Makers with a greater level of determinism, in terms of managing 
their exposure, and would encourage more aggressive liquidity 
provision, resulting in more trading opportunities for market 
participants and tighter spreads. Accordingly, the Exchange believes 
that the proposal would improve overall market quality and improve 
competition on the Exchange, to the benefit of all market 
participants.\26\
---------------------------------------------------------------------------

    \26\ Moreover, the Exchange notes that the concept of allowing 
market participants, including Market Makers, to avoid trading with 
undisplayed liquidity is available on other options exchanges. See 
supra note 9.
---------------------------------------------------------------------------

    Because market participants that enter undisplayed interest (e.g., 
PNP-Blind Orders) \27\ are opting not to have their interest displayed, 
the Exchange believes it is consistent with the Act for Market Makers 
to choose to designate their quotes not to trade with such undisplayed 
interest.\28\ For the forgoing reasons, the Exchange believes that the 
proposal to offer to Market Makers the option to designate their quotes 
as MMLO is not unfairly discriminatory. The Exchange also believes that 
such offering would protect investors and the public interest because 
it may contribute to more aggressive quoting by Market Makers, which 
should increase the quality of the Exchange's market and benefit 
investors.
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    \27\ See Rule 900.3NY(x) (providing that a PNP (Post No 
Preference) Blind Order is a Limit Order to buy or sell that is to 
be executed in whole or in part on the Exchange, and the portion not 
so executed is to be ranked in the Consolidated Book, without 
routing any portion of the order to another Market Center).
    \28\ In this regard, the Exchange notes that undisplayed 
liquidity is not afforded trade-through protection under Section 5 
of the Plan. See Plan, supra note 12.
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    The proposal to add detail and amend the treatment of Market Maker 
quotes is consistent with, and facilitates the Exchange meeting its 
obligations under the Plan and, thus, would remove impediments to, and 
perfect the mechanism of, a free and open market and a national market 
system. The Exchange believes the proposed processing of quotes is 
consistent with the Plan because it avoids trading through better 
prices on other exchanges and is designed to avoid locking and crossing 
markets. By preventing Market Makers from locking or crossing trading 
interest on away Market Centers, the proposal would prevent fraudulent 
and manipulative acts and practices and would promote just and 
equitable principles of trade to the benefit of all market 
participants. The Exchange also believes the proposal regarding how the 
Exchange processes quotes in the event that an incoming quote is 
rejected, or a portion thereof is cancelled, would promote just and 
equitable principles of trade. Specifically, the proposed rules would 
enable Market Makers to simultaneously update both sides of their 
resting quote when one side of the quote received a partial fill but 
was subsequently cancelled and, where one side of a quote is rejected 
and not booked, to leave undisturbed that opposite-side interest 
because it remains valid. The Exchange believes this proposed handling 
of quotes would assist Market Makers in maintaining a fair and orderly 
market as it would encourage Market Makers to provide greater volumes 
of liquidity, which would add value to market making on the Exchange.
    The Exchange believes that the entire proposal is just, equitable 
and not unfairly discriminatory, as it would apply to all Market Makers 
on the Exchange. Further, the proposal would protect investors and the 
public interest by providing a more robust market, including because 
the proposal may contribute to more aggressive quoting by Market 
Makers. The Exchange believes that the proposal would lead to enhanced 
liquidity on the Exchange, which in turn will benefit and protect 
investors and the public interest through the potential for greater 
volume of orders and executions on the Exchange.

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

[[Page 11955]]

of the purposes of the Act. The Exchange believes the proposal adds 
value to market making on the Exchange. The Exchange does not believe 
the proposal would impose a burden on competition among the options 
exchanges because of vigorous competition for order flow among the 
options exchanges. In this highly competitive market, market 
participants can easily and readily direct order flow to competing 
venues. The proposal does not impose an undue burden on intramarket 
competition because the proposed change would apply to all Market 
Makers on the Exchange. The proposal is structured to offer the same 
enhancement to all Market Makers, regardless of size, and would not 
impose a competitive burden on any participant.
    The proposed MMLO, which provides Market Makers with enhanced 
determinism over their quotes, may contribute to more aggressive 
quoting by Market Makers, resulting in more trading opportunities and 
tighter spreads. To the extent this purpose is achieved, the MMLO would 
enhance the market making function on the Exchange, which would improve 
overall market quality and improve competition on the Exchange to the 
benefit of all market participants.
    The Exchange believes the proposal is pro-competitive because when 
an exchange offers enhanced functionality that distinguishes it from 
other exchanges and participants find it useful, it has been the 
Exchange's experience that competing exchanges will move to adopt 
similar functionality. Thus, the Exchange believes that this type of 
competition amongst exchanges is beneficial to the market place as a 
whole as it can result in enhanced processes, functionality, and 
technologies.

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 such longer period 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 [email protected]. Please 
include File Number SR-NYSEMKT-2017-08 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-NYSEMKT-2017-08. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEMKT-2017-08 and should 
be submitted on or before March 20, 2017.
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    \29\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\29\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-03728 Filed 2-24-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                  11952                        Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices

                                                  filed Amendment No. 3 to the proposed                   been submitted in connection therewith,               II. Self-Regulatory Organization’s
                                                  rule change.9 Amendment Nos. 2 and 3,                   and the Exchange’s response to the                    Statement of the Purpose of, and
                                                  which together supersede and replace                    comments.                                             Statutory Basis for, the Proposed Rule
                                                  the proposed rule change, as modified                      Accordingly, the Commission,                       Change
                                                  by Amendment No. 1, in its entirety,                    pursuant to Section 19(b)(2) of the                      In its filing with the Commission, the
                                                  were published for comment in the                       Act,16 designates April 23, 2017 as the               self-regulatory organization included
                                                  Federal Register on December 29,                        date by which the Commission should                   statements concerning the purpose of,
                                                  2016.10 On January 17, 2017, the                        either approve or disapprove the                      and basis for, the proposed rule change
                                                  Exchange responded to the comment                       proposed rule change, as modified by                  and discussed any comments it received
                                                  letters submitted after the OIP and prior               Amendments Nos. 1–4.                                  on the proposed rule change. The text
                                                  to January 17, 2017.11 On February 7,                                                                         of those statements may be examined at
                                                  2017, the Exchange filed Amendment                        For the Commission, by the Division of
                                                                                                          Trading and Markets, pursuant to delegated            the places specified in Item IV below.
                                                  No. 4 to the proposed rule change.12 On                                                                       The Exchange has prepared summaries,
                                                  February 13, 2017, the Exchange                         authority.17
                                                                                                                                                                set forth in sections A, B, and C below,
                                                  responded to a comment letter                           Eduardo A. Aleman,
                                                                                                                                                                of the most significant parts of such
                                                  submitted after January 17, 2017.13                     Assistant Secretary.                                  statements.
                                                     Section 19(b)(2) of the Act 14 provides              [FR Doc. 2017–03796 Filed 2–24–17; 8:45 am]
                                                  that, after initiating proceedings, the                 BILLING CODE 8011–01–P
                                                                                                                                                                A. Self-Regulatory Organization’s
                                                  Commission shall issue an order                                                                               Statement of the Purpose of, and the
                                                  approving or disapproving the proposed                                                                        Statutory Basis for, the Proposed Rule
                                                  rule change not later than 180 days after               SECURITIES AND EXCHANGE                               Change
                                                  the date of publication of notice of the                COMMISSION                                            1. Purpose
                                                  filing of the proposed rule change. The
                                                  Commission may extend the period for                                                                             The purpose of this filing is to modify
                                                                                                          [Release No. 34–80073; File No. SR–                   Rule 925.1NY regarding Market Maker
                                                  issuing an order approving or                           NYSEMKT–2017–08]
                                                  disapproving the proposed rule change,                                                                        Quotations. Rule 925.1NY(a) provides
                                                  however, by not more than 60 days if                                                                          that a Market Maker may enter quotes in
                                                                                                          Self-Regulatory Organizations; NYSE
                                                  the Commission determines that a                                                                              the option issues included in its
                                                                                                          MKT LLC; Notice of Filing of Proposed
                                                  longer period is appropriate and                                                                              appointment. The Exchange proposes to
                                                                                                          Rule Change To Amend Rule 925.1NY
                                                  publishes the reasons for such                                                                                amend Rule 925.1NY(a) to define
                                                                                                          Regarding Market Maker Quotations,
                                                  determination. The proposed rule                                                                              Market Maker quotes, add a new quote
                                                                                                          Including To Adopt a Market Maker
                                                  change was published for notice and                                                                           type, and specify how such quotes
                                                                                                          Light Only Quotation
                                                  comment in the Federal Register on                                                                            would be processed when a series is
                                                  August 26, 2016.15 February 22, 2017 is                 February 21, 2017.                                    open for trading.
                                                  180 days from that date, and April 23,                     Pursuant to Section 19(b)(1) 1 of the              Defining Market Maker Quotes and
                                                  2017 is an additional 60 days from that                 Securities Exchange Act of 1934 (the                  Adopting Market Maker Light Only
                                                  date.                                                   ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                Quotes
                                                     The Commission finds it appropriate                  notice is hereby given that on February
                                                  to designate a longer period within                                                                              First, the Exchange proposes to define
                                                                                                          10, 2017, NYSE MKT LLC (the                           Market Maker quotes to provide that
                                                  which to issue an order approving or                    ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with
                                                  disapproving the proposed rule change                                                                         ‘‘[t]he term ‘quote’ or ‘quotation’ means
                                                                                                          the Securities and Exchange                           a bid or offer entered by a Market Maker
                                                  so that it has sufficient time to consider              Commission (the ‘‘Commission’’) the
                                                  the proposed rule change, as modified                                                                         that updates the Market Maker’s
                                                                                                          proposed rule change as described in                  previous bid or offer, if any.’’ 4 This
                                                  by Amendment Nos. 1–4, the issues                       Items I and II below, which Items have
                                                  raised in the comment letters that have                                                                       proposed definition, which would add
                                                                                                          been prepared by the self-regulatory                  clarity, transparency, and internal
                                                     9 The Commission notes that the Exhibit 5 filed
                                                                                                          organization. The Commission is                       consistency to Exchange rules, is
                                                  with Amendment No. 2 contained erroneous rule
                                                                                                          publishing this notice to solicit                     identical or substantially identical to the
                                                  text and therefore was corrected in Amendment No.       comments on the proposed rule change                  way quotes are defined on at least two
                                                  3. Amendment Nos. 2 and 3 are available at https://     from interested persons.                              other options exchanges.5 Consistent
                                                  www.sec.gov/comments/sr-nysearca-2016-89/
                                                  nysearca201689.shtml.                                   I. Self-Regulatory Organization’s                     with this change, the Exchange also
                                                     10 See Securities Exchange Act Release No. 34–
                                                                                                          Statement of the Terms of Substance of                proposes to modify the current
                                                  79673 (December 22, 2016), 81 FR 96107 (‘‘Notice        the Proposed Rule Change                              definition of ‘‘Quote with Size’’ to
                                                  of Current Proposal’’).                                                                                       include a cross reference to the
                                                     11 See NYSE Response Letter II (‘‘Response Letter
                                                                                                             The Exchange proposes to amend                     proposed definition of quotation, which
                                                  II’’), available at https://www.sec.gov/comments/sr-
                                                  nyse-2016-45/nyse201645-1502013-130586.pdf. The         Rule 925.1NY regarding Market Maker                   would add clarity and transparency to
                                                  R2G and SIFMA II Letters, supra note 8, were            Quotations, including to adopt a Market               Exchange rules.6
                                                  submitted after the Response Letter II. The             Maker Light Only Quotation. The
                                                  Commission notes that in footnote 4 of Response         proposed rule change is available on the                4 See  proposed Rule 925.1NY(a)(1).
                                                  Letter II the Exchange notes that its response to                                                               5 See, e.g., International Securities Exchange Rule
                                                  commenters on the NYSE Companion Filing applies         Exchange’s Web site at www.nyse.com,
                                                                                                                                                                100(42). See also BOX Options Exchange LLC Rule
                                                  equally to this filing.                                 at the principal office of the Exchange,              100(a)(55) (providing that ‘‘[t]he term ‘‘quote’’ or
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                                                     12 Amendment No. 4, as filed by the Exchange, is     and at the Commission’s Public                        ‘‘quotation’’ means a bid or offer entered by a
                                                  available at https://www.sec.gov/comments/sr-           Reference Room.                                       Market Maker as a firm order that updates the
                                                  nysearca-2016-89/nysearca201689-1570736-                                                                      Market Maker’s previous bid or offer, if any’’).
                                                  131691.pdf.                                                                                                      6 See proposed Rule 900.2NY(65) (providing that
                                                     13 See NYSE Response Letter III (‘‘Response Letter     16 15 U.S.C. 78s(b)(2).
                                                                                                            17 17
                                                                                                                                                                ‘‘the term ‘Quote with Size’ means a quotation (as
                                                  III’’), available at https://www.sec.gov/comments/sr-           CFR 200.30–3(a)(57).                          defined in Rule 925.1NY (a)(1)) to buy or sell a
                                                  nyse-2016-45/nyse201645-1580192-131885.pdf.               1 15 U.S.C.78s(b)(1).
                                                                                                                                                                specific number of option contracts at a specific
                                                     14 15 U.S.C. 78s(b)(2).                                2 15 U.S.C. 78a.
                                                                                                                                                                price that a Market Maker has submitted to the
                                                     15 See supra note 3.                                   3 17 CFR 240.19b–4.                                 System through an electronic interface’’).



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                                                                               Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices                                                          11953

                                                     Second, the Exchange proposes to add                  The Exchange also notes that other                          market. In other words, both sides of the
                                                  a Market Maker Light Only Quotation                      options exchanges have recently                             Market Maker’s quote residing on the
                                                  (‘‘MMLO’’) to provide Market Makers                      adopted quote types designed to                             Consolidated Book would be cancelled,
                                                  the option to designate incoming quotes                  strengthen market making.11                                 which allows a Market Maker to refresh
                                                  to trade solely with displayed interest                  *     *    *    *    *                                      both its bid and offer simultaneously.
                                                  on the Consolidated Book.7 This                                                                                         In addition, as proposed, an incoming
                                                  proposed change would allow Market                       Specifying the Treatment of Market                          quotation would be rejected if it locks
                                                  Makers to designate quotes as MMLO to                    Maker Quotes, Including MMLOs                               or crosses interest on another Market
                                                  prevent such quotes from trading with                       The Exchange also proposes to modify                     Center and if it cannot trade with
                                                  undisplayed liquidity upon arrival.                      and add detail regarding how Market                         interest in the Consolidated Book at
                                                  Once an MMLO is added to the                             Maker quotes, including MMLOs, would                        prices that do not trade through another
                                                  Consolidated Book, the MMLO                              be processed when a series is open for                      Market Center.15 An incoming quotation
                                                  designation no longer applies and any                    trading. As discussed below, the                            designated as MMLO would be rejected
                                                  unexecuted portion could trade with                      Exchange’s proposal to modify the                           if it locks or crosses undisplayed
                                                  displayed and undisplayed interest. The                  processing of Market Maker quotations                       interest and cannot trade with displayed
                                                  Exchange believes that this functionality                aligns with the NMS plan for Options                        interest in the Consolidated Book at
                                                  would give Market Makers greater                         Order Protection And Locked/Crossed                         prices that do not trade through another
                                                  control over the circumstances in which                  Market Plan (‘‘Plan’’), to which the                        Market Center.16 The proposed rule
                                                  their quotes interact with contra-side                   Exchange is a party.12                                      would specify that when an incoming
                                                  trading interest on the Exchange. This                      The Exchange proposes to change the                      quote is rejected outright (as opposed to
                                                  increase in control is desirable from the                treatment of incoming quotations,                           being cancelled after a partial fill), the
                                                  perspective of Market Makers because it                  including the conditions under which                        Exchange would also cancel the Market
                                                  is difficult for them to account for                     quotes would be cancelled or rejected.                      Maker’s current quote on the same side
                                                  undisplayed liquidity in their quoting                   Specifically, as proposed, an incoming                      of the market.17 Such treatment
                                                  models.8 Because the options market is                   quotation would only trade against                          recognizes that the Market Maker
                                                  quote driven, Market Makers are vital to                 contra-side interest in the Consolidated                    attempted (unsuccessfully) to update its
                                                  the price discovery process, the                         Book at prices that would not trade                         bid or offer price and allows the Market
                                                  Exchange believes that the proposed                      through interest on another Market                          Maker to refresh that side of its quote.
                                                  MMLO would provide Market Makers                         Center.13 Any untraded size of an                              In addition, when a series is open for
                                                  with a greater level of determinism, in                  incoming quote would be added to the                        trading, a quote will trade only against
                                                  terms of managing their exposure, and                    Consolidated Book, unless it locks or                       interest in the Consolidated Book and
                                                  thus may encourage more aggressive                       crosses interest on another Market                          will not route. The Exchange does not
                                                  liquidity provision, resulting in more                   Center or if the quote is an MMLO and                       route Market Maker quotations because
                                                  trading opportunities and tighter                        locks or crosses undisplayed interest.14                    such quotes are designed to meet the
                                                  spreads. Accordingly, the Exchange                       The proposed rule would state that                          Market Maker’s obligation to have
                                                  believes that the proposal would                         when such quantity of an incoming                           displayed quotations on the Exchange.
                                                  improve overall market quality and                       quote is cancelled (as opposed to being                     The Exchange proposes to specify this
                                                  enhance competition on the Exchange to                   rejected outright), the Exchange would                      functionality in Exchange rules.18
                                                  the benefit to all market participants.9 10              also cancel the Market Maker’s current                         The Exchange believes that processing
                                                                                                           quote on the opposite side of the                           Market Maker quotations, as described
                                                    7 See  proposed Rule 925.1NY(a)(2).                                                                                in the proposed rules, aligns with the
                                                    8 The  Exchange understands that, while a Market       See Securities Exchange Act Release No. 34–69641            Plan.19 The Plan obligates the
                                                  Maker’s quoting algorithm can take into account          (May 28, 2013), 78 FR 33134 (June 3, 2013) (SR–             participating exchanges to provide order
                                                  displayed liquidity in the marketplace, the              NYSEArca–2013–51) (immediately effective filing
                                                                                                           deleting reference to the PNPLO from Rule
                                                                                                                                                                       protection, including addressing locked
                                                  algorithm may not be able to accurately account for
                                                  the risk of interacting with undisplayed liquidity.      6.62(cc)).                                                  and crossed markets and the potential
                                                     9 The Exchange notes that the concept of allowing        11 The Exchange notes that BOX recently added            for trade-throughs in certain options
                                                  market participants, including Market Makers, to         functionality to only accept quotes that add                classes.20 The Plan establishes various
                                                  avoid trading with undisplayed liquidity is              liquidity. See Securities Exchange Act Release Nos.         obligations for participating exchanges,
                                                  available on other options exchanges. See e.g.,          79311 (October 3 [sic], 2016), 81 FR 83322
                                                  NYSE Arca, Inc. (‘‘Arca’’) Rule 6.62(v) (defining        (November 15 [sic], 2016) (SR–BOX–2016–45)                  including that Market Makers should
                                                  PNP-Light Orders as non-routable orders that are         (order approving change to only accept liquidity-           ‘‘reasonably avoid displaying, and shall
                                                  only eligible to execute against displayed liquidity).   adding quotes); 78946 (September 27, 2016), 81 FR           not engage in a pattern or practice of
                                                                                                           68069 (October 3, 2016) (notice). See also BOX IM–
                                                     10 The Exchange notes that another options
                                                                                                           8050–3 (providing that ‘‘[i]f an incoming quote is
                                                                                                                                                                       displaying, any quotations that lock or
                                                  exchange—Arca—previously offered (and later                                                                          cross’’ the best bid or offer on another
                                                  eliminated) a Post No Preference Light Only              marketable against the BOX Book and will execute
                                                  Quotation (‘‘PNPLO’’), which, like the MMLO,             against a resting order or quote, it will be rejected’’).   Market Center.21 The Plan further
                                                  allowed Market Makers to designate certain
                                                                                                              12 See Plan, dated April 14, 2009, available here,
                                                                                                                                                                       obligates participating exchanges to
                                                  quotations to only interact with displayed liquidity.    http://www.optionsclearing.com/components/docs/             conduct surveillance of their respective
                                                  The Commission approved the PNPLO, in part, on           clearing/services/options_order_protection_
                                                                                                           plan.pdf. See also Securities Exchange Act Release          markets on a regular basis to ascertain
                                                  grounds that market participants, including Market
                                                  Makers, could achieve functionality similar to the       No. 60405 (July 30, 2009), 74 FR 39362 (August 6,           the effectiveness of the policies and
                                                  PNPLO through use of the PNP-Light Order and that        2009) (File No. 4–546) (order approving the Plan).          procedures to prevent trade-throughs
                                                  the PNPLO offer similar functionality for use by         Consistent with the Plan, the rules of the Exchange
                                                  Market Makers when quoting. See Securities               include prohibitions against trade-throughs and a             15 See proposed Rule 925.1NY(a)(3)(C)(i).
                                                  Exchange Act Release Nos. 67252 (June 25, 2012),         pattern or practice of displaying certain quotations
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                                                                                                                                                                         16 See proposed Rule 925.1NY(a)(3)(C)(ii).
                                                  77 FR 38879 (June 29, 2012) (SR–NYSEArca–2012–           that lock or cross away markets. See, e.g., Rules
                                                                                                                                                                         17 See proposed Rule 925.1NY (a)(3)(C).
                                                  05) (order approving adoption of PNPLO, applicable       991NY, 992NY. See also infra note 20.
                                                                                                              13 See proposed 925.1NY(a)(3)(A). See Rule                 18 See proposed Rule 925.1NY(a)(3), (D).
                                                  to Penny Pilot issues only); 68339 (December 3,
                                                                                                                                                                         19 See Plan, supra note 12.
                                                  2012), 77 FR 73109 (December 7, 2012) (SR–               900.2NY(36) (defining Market Center as ‘‘a national
                                                  NYSEArca–2012–130) (immediately effective filing         securities exchange that has qualified for                    20 See e.g., Securities Exchange Act Release No.

                                                  extending the PNPLO to non-Penny Pilot issues).          participation in the Options Clearing Corporation           60526 (August 18, 2009), 74 FR 43185 (August 26,
                                                  The PNPLO was eliminated approximately one year          pursuant to the provisions of the rules of the              2009) (SR–NYSEAmex–2009–19) (adopting and
                                                  after it was adopted because the functionality was       Options Clearing Corporation’’).                            updating Exchange rules to implement the Plan).
                                                  not implemented in the time period contemplated.            14 See proposed Rule 925.1NY(a)(3)(B)(i).                  21 See Plan at Section 6(c), supra note 12.




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                                                  11954                        Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices

                                                  and to take prompt action to remedy                     investors and the investing public by                   the quality of the Exchange’s market and
                                                  deficiencies in such policies and                       making the Exchange rules easier to                     benefit investors.
                                                  procedures.22 Because Market Maker                      navigate and comprehend. Because the                       The proposal to add detail and amend
                                                  quotations do not route, and incoming                   proposed definition of quotes is                        the treatment of Market Maker quotes is
                                                  quotes, or portions thereof, would reject               identical or substantially identical to                 consistent with, and facilitates the
                                                  or cancel if such quotes locked or                      definitions provided on other options                   Exchange meeting its obligations under
                                                  crossed away markets, the Exchange                      exchanges, the proposal presents no                     the Plan and, thus, would remove
                                                  believes the proposal is consistent with                new or novel issues.25                                  impediments to, and perfect the
                                                  the requirements of the Plan. In                           The proposal to offer to Market                      mechanism of, a free and open market
                                                  addition, the proposed processing of                    Makers the ability to designate quotes as               and a national market system. The
                                                  quotes is consistent with the Plan                      MMLO would remove impediments to                        Exchange believes the proposed
                                                  because it avoids trading-through better                and perfect the mechanism of a free and                 processing of quotes is consistent with
                                                  prices on other exchange and locking or                 open market and a national market                       the Plan because it avoids trading
                                                  crossing markets. In addition, the                      system because it would provide Market                  through better prices on other exchanges
                                                  Exchange believes this proposal would                   Makers with increased control over                      and is designed to avoid locking and
                                                  assist Market Makers in maintaining a                   interactions with contra-side liquidity.                crossing markets. By preventing Market
                                                  fair and orderly market, as it would                    Specifically, the proposal would                        Makers from locking or crossing trading
                                                  encourage Market Makers to provide                      improve market making on the                            interest on away Market Centers, the
                                                  greater liquidity.                                      Exchange because it would prevent                       proposal would prevent fraudulent and
                                                     The Exchange notes that this proposal                incoming Market Maker quotes from                       manipulative acts and practices and
                                                  does not relieve a Market Maker of its                  trading with resting undisplayed                        would promote just and equitable
                                                  continuous quoting, or firm quote,                      interest, which interest is difficult to                principles of trade to the benefit of all
                                                  obligations pursuant to Rules 925.1NY                   take into account in quoting models.                    market participants. The Exchange also
                                                  and 970NY, respectively. Further, the                   Accordingly, the Exchange believes that                 believes the proposal regarding how the
                                                  Exchange notes that Market Makers                       the proposed MMLO designation would                     Exchange processes quotes in the event
                                                  would still be able to send orders in                   provide Market Makers with a greater                    that an incoming quote is rejected, or a
                                                  (and out of) classes to which they are                  level of determinism, in terms of                       portion thereof is cancelled, would
                                                  appointed, as orders are not affected by                managing their exposure, and would                      promote just and equitable principles of
                                                  this proposal.                                          encourage more aggressive liquidity                     trade. Specifically, the proposed rules
                                                                                                          provision, resulting in more trading                    would enable Market Makers to
                                                  Implementation                                          opportunities for market participants                   simultaneously update both sides of
                                                    The Exchange will announce the                        and tighter spreads. Accordingly, the                   their resting quote when one side of the
                                                  implementation of the proposed rule                     Exchange believes that the proposal                     quote received a partial fill but was
                                                  change by Trader Update, which                          would improve overall market quality                    subsequently cancelled and, where one
                                                  implementation will be no later than 30                 and improve competition on the                          side of a quote is rejected and not
                                                  days after the approval of this rule                    Exchange, to the benefit of all market                  booked, to leave undisturbed that
                                                  change.                                                 participants.26                                         opposite-side interest because it remains
                                                                                                             Because market participants that enter               valid. The Exchange believes this
                                                  2. Statutory Basis                                      undisplayed interest (e.g., PNP-Blind                   proposed handling of quotes would
                                                     The Exchange believes that its                       Orders) 27 are opting not to have their                 assist Market Makers in maintaining a
                                                  proposal is consistent with Section 6(b)                interest displayed, the Exchange                        fair and orderly market as it would
                                                  of the Securities Exchange Act of 1934                  believes it is consistent with the Act for              encourage Market Makers to provide
                                                  (the ‘‘Act’’),23 in general, and furthers               Market Makers to choose to designate                    greater volumes of liquidity, which
                                                  the objectives of Section 6(b)(5) of the                their quotes not to trade with such                     would add value to market making on
                                                  Act,24 in particular, in that it is designed            undisplayed interest.28 For the forgoing                the Exchange.
                                                  to prevent fraudulent and manipulative                  reasons, the Exchange believes that the                    The Exchange believes that the entire
                                                  acts and practices, to promote just and                 proposal to offer to Market Makers the                  proposal is just, equitable and not
                                                  equitable principles of trade, to remove                option to designate their quotes as                     unfairly discriminatory, as it would
                                                  impediments to and perfect the                          MMLO is not unfairly discriminatory.                    apply to all Market Makers on the
                                                  mechanism of a free and open market                     The Exchange also believes that such                    Exchange. Further, the proposal would
                                                  and a national market system, and, in                   offering would protect investors and the                protect investors and the public interest
                                                  general, to protect investors and the                   public interest because it may                          by providing a more robust market,
                                                  public interest.                                        contribute to more aggressive quoting by                including because the proposal may
                                                     The proposal to add the definition of                Market Makers, which should increase                    contribute to more aggressive quoting by
                                                  Market Maker quotes would provide                                                                               Market Makers. The Exchange believes
                                                  clarity and transparency to Exchange                      25 See   supra note 5.                                that the proposal would lead to
                                                                                                            26 Moreover,    the Exchange notes that the concept
                                                  rules to the benefit of investors as the                                                                        enhanced liquidity on the Exchange,
                                                                                                          of allowing market participants, including Market
                                                  additional clarity would promote just                   Makers, to avoid trading with undisplayed liquidity     which in turn will benefit and protect
                                                  and equitable principles of trade and                   is available on other options exchanges. See supra      investors and the public interest
                                                  remove impediments to, and perfect the                  note 9.                                                 through the potential for greater volume
                                                                                                             27 See Rule 900.3NY(x) (providing that a PNP
                                                  mechanism of, a free and open market                                                                            of orders and executions on the
                                                                                                          (Post No Preference) Blind Order is a Limit Order
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                                                  and a national market system. The                       to buy or sell that is to be executed in whole or in
                                                                                                                                                                  Exchange.
                                                  proposed rule amendments would also                     part on the Exchange, and the portion not so            B. Self-Regulatory Organization’s
                                                  provide internal consistency within                     executed is to be ranked in the Consolidated Book,
                                                                                                                                                                  Statement on Burden on Competition
                                                  Exchange rules and operate to protect                   without routing any portion of the order to another
                                                                                                          Market Center).                                           The Exchange does not believe that
                                                                                                             28 In this regard, the Exchange notes that
                                                    22 See Plan at Section 5(a), supra note 12.           undisplayed liquidity is not afforded trade-through
                                                                                                                                                                  the proposed rule change would impose
                                                    23 15 U.S.C. 78f(b).                                  protection under Section 5 of the Plan. See Plan,       any burden on competition that is not
                                                    24 15 U.S.C. 78f(b)(5).                               supra note 12.                                          necessary or appropriate in furtherance


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                                                                               Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices                                                    11955

                                                  of the purposes of the Act. The                           (A) By order approve or disapprove                     For the Commission, by the Division of
                                                  Exchange believes the proposal adds                     the proposed rule change, or                           Trading and Markets, pursuant to delegated
                                                  value to market making on the                             (B) institute proceedings to determine               authority.29
                                                  Exchange. The Exchange does not                         whether the proposed rule change                       Eduardo A. Aleman,
                                                  believe the proposal would impose a                     should be disapproved.                                 Assistant Secretary.
                                                  burden on competition among the                         IV. Solicitation of Comments                           [FR Doc. 2017–03728 Filed 2–24–17; 8:45 am]
                                                  options exchanges because of vigorous                                                                          BILLING CODE 8011–01–P
                                                  competition for order flow among the                      Interested persons are invited to
                                                  options exchanges. In this highly                       submit written data, views, and
                                                  competitive market, market participants                 arguments concerning the foregoing,                    SECURITIES AND EXCHANGE
                                                  can easily and readily direct order flow                including whether the proposed rule                    COMMISSION
                                                  to competing venues. The proposal does                  change is consistent with the Act.
                                                                                                          Comments may be submitted by any of                    [Release No. 34–80079; File No. SR–
                                                  not impose an undue burden on                                                                                  NYSEArca–2016–173]
                                                  intramarket competition because the                     the following methods:
                                                  proposed change would apply to all                      Electronic Comments                                    Self-Regulatory Organizations; NYSE
                                                  Market Makers on the Exchange. The                                                                             Arca, Inc.; Notice of Designation of a
                                                  proposal is structured to offer the same                  • Use the Commission’s Internet
                                                                                                          comment form (http://www.sec.gov/                      Longer Period for Commission Action
                                                  enhancement to all Market Makers,                                                                              on a Proposed Rule Change Relating
                                                  regardless of size, and would not                       rules/sro.shtml); or
                                                                                                            • Send an email to rule-comments@                    to the Listing and Trading of the
                                                  impose a competitive burden on any                                                                             Shares of the United States 3x Oil
                                                                                                          sec.gov. Please include File Number SR–
                                                  participant.                                                                                                   Fund and United States 3x Short Oil
                                                     The proposed MMLO, which provides                    NYSEMKT–2017–08 on the subject line.
                                                                                                                                                                 Fund Under NYSE Arca Equities Rule
                                                  Market Makers with enhanced                             Paper Comments                                         8.200
                                                  determinism over their quotes, may                         • Send paper comments in triplicate
                                                  contribute to more aggressive quoting by                to Brent J. Fields, Secretary, Securities
                                                                                                                                                                 February 22, 2017.
                                                  Market Makers, resulting in more                        and Exchange Commission, 100 F Street                     On December 23, 2016, NYSE Arca,
                                                  trading opportunities and tighter                       NE., Washington, DC 20549–1090.                        Inc. (‘‘Exchange’’) filed with the
                                                  spreads. To the extent this purpose is                                                                         Securities and Exchange Commission
                                                  achieved, the MMLO would enhance                        All submissions should refer to File
                                                                                                                                                                 (‘‘Commission’’), pursuant to Section
                                                  the market making function on the                       Number SR–NYSEMKT–2017–08. This
                                                                                                                                                                 19(b)(1) of the Securities Exchange Act
                                                  Exchange, which would improve overall                   file number should be included on the
                                                                                                                                                                 of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                  market quality and improve competition                  subject line if email is used. To help the
                                                                                                                                                                 thereunder,2 a proposed rule change to
                                                  on the Exchange to the benefit of all                   Commission process and review your
                                                                                                                                                                 list and trade shares of the United States
                                                  market participants.                                    comments more efficiently, please use
                                                                                                                                                                 3x Oil Fund and United States 3x Short
                                                     The Exchange believes the proposal is                only one method. The Commission will
                                                                                                                                                                 Oil Fund under NYSE Arca Equities
                                                  pro-competitive because when an                         post all comments on the Commission’s
                                                                                                                                                                 Rule 8.200, Commentary .02. The
                                                  exchange offers enhanced functionality                  Internet Web site (http://www.sec.gov/
                                                                                                                                                                 proposed rule change was published for
                                                  that distinguishes it from other                        rules/sro.shtml). Copies of the
                                                                                                                                                                 comment in the Federal Register on
                                                  exchanges and participants find it                      submission, all subsequent
                                                                                                                                                                 January 11, 2017.3 The Commission
                                                  useful, it has been the Exchange’s                      amendments, all written statements
                                                                                                                                                                 received no comments on the proposed
                                                  experience that competing exchanges                     with respect to the proposed rule
                                                                                                                                                                 rule change.
                                                  will move to adopt similar functionality.               change that are filed with the
                                                                                                                                                                    Section 19(b)(2) of the Act 4 provides
                                                  Thus, the Exchange believes that this                   Commission, and all written
                                                                                                                                                                 that, within 45 days of the publication
                                                  type of competition amongst exchanges                   communications relating to the
                                                                                                                                                                 of notice of the filing of a proposed rule
                                                  is beneficial to the market place as a                  proposed rule change between the
                                                                                                                                                                 change, or within such longer period up
                                                  whole as it can result in enhanced                      Commission and any person, other than
                                                                                                                                                                 to 90 days as the Commission may
                                                  processes, functionality, and                           those that may be withheld from the
                                                                                                                                                                 designate if it finds such longer period
                                                  technologies.                                           public in accordance with the
                                                                                                                                                                 to be appropriate and publishes its
                                                                                                          provisions of 5 U.S.C. 552, will be
                                                  C. Self-Regulatory Organization’s                                                                              reasons for so finding or as to which the
                                                                                                          available for Web site viewing and
                                                  Statement on Comments on the                                                                                   self-regulatory organization consents,
                                                                                                          printing in the Commission’s Public
                                                  Proposed Rule Change Received From                                                                             the Commission shall either approve the
                                                                                                          Reference Room, 100 F Street NE.,
                                                  Members, Participants, or Others                                                                               proposed rule change, disapprove the
                                                                                                          Washington, DC 20549, on official
                                                                                                                                                                 proposed rule change, or institute
                                                    No written comments were solicited                    business days between the hours of
                                                                                                                                                                 proceedings to determine whether the
                                                  or received with respect to the proposed                10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                                 proposed rule change should be
                                                  rule change.                                            filing also will be available for
                                                                                                                                                                 disapproved. The Commission is
                                                                                                          inspection and copying at the principal
                                                  III. Date of Effectiveness of the                                                                              extending this 45-day time period.
                                                                                                          office of the Exchange. All comments
                                                  Proposed Rule Change and Timing for                                                                               The Commission finds it appropriate
                                                                                                          received will be posted without change;
                                                  Commission Action                                                                                              to designate a longer period within
                                                                                                          the Commission does not edit personal
                                                     Within 45 days of the date of                                                                               which to take action on the proposed
                                                                                                          identifying information from
                                                  publication of this notice in the Federal                                                                      rule change so that it has sufficient time
                                                                                                          submissions. You should submit only
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Register or such longer period up to 90                                                                        to consider the proposed rule change.
                                                                                                          information that you wish to make
                                                  days (i) as the Commission may                                                                                 Accordingly, the Commission, pursuant
                                                                                                          available publicly. All submissions
                                                  designate if it finds such longer period                should refer to File Number SR–                          1 15  U.S.C. 78s(b)(1).
                                                  to be appropriate and publishes its                     NYSEMKT–2017–08 and should be                            2 17  CFR 240.19b–4.
                                                  reasons for so finding or (ii) as to which              submitted on or before March 20,2017.                     3 See Securities Exchange Act Release No. 79742
                                                  the self-regulatory organization                                                                               (January 5, 2017), 82 FR 3366.
                                                  consents, the Commission will:                            29 17   CFR 200.30–3(a)(12).                            4 15 U.S.C. 78s(b)(2).




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Document Created: 2017-02-25 01:06:09
Document Modified: 2017-02-25 01:06:09
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 11952 

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