82_FR_12001 82 FR 11964 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To Amend Rule 6.37B Regarding Market Maker Quotations

82 FR 11964 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To Amend Rule 6.37B Regarding Market Maker Quotations

SECURITIES AND EXCHANGE COMMISSION

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

Page Range11964-11967
FR Document2017-03727

Federal Register, Volume 82 Issue 37 (Monday, February 27, 2017)
[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Notices]
[Pages 11964-11967]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03727]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80072; File No. SR-NYSEArca-2017-17]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
of Proposed Rule Change To Amend Rule 6.37B Regarding Market Maker 
Quotations

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

    The Exchange proposes to amend Rule 6.37B 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 6.37B regarding Market 
Maker Quotations. Rule 6.37B(a) provides that a Market Maker may enter 
quotes in the option issues included in its appointment. The Exchange 
proposes to amend Rule 6.37B(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 6.37B(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 6.1(b)(33) (providing that ``the term 
`Quote with Size' means a quotation (as defined in Rule 6.37B(a)(1)) 
to buy or sell a specific number of option contracts at a specific 
price that a Market Maker has submitted to the NYSE Arca OX trading 
system through an electronic interface'').
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    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.
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    \7\ See proposed Rule 6.37B(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.
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    The Exchange notes that all market participants, including Market 
Makers, already have the ability to avoid trading with undisplayed 
liquidity by entering Post No Preference Light Order (``PNP-Light 
Orders''), which have existed on the Exchange since 2009.\9\ With the 
adoption of the MMLO, the Exchange is proposing a similar functionality 
for use

[[Page 11965]]

by Market Makers when quoting.\10\ The Exchange also notes that other 
options exchanges have recently adopted quote types designed to 
strengthen market making.\11\
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    \9\ See Securities Exchange Act Release 59603 (March 19, 2009), 
74 FR 13279 (March 26, 2009) (SR-NYSEArca-2009-21) (immediately 
effective filing to adopt PNP-Light Order type). See also Rule 
6.62(v) (defining PNP-Light Orders as non-routable orders that are 
only eligible to execute against displayed liquidity).
    \10\ The Exchange 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 6.94, 6.95. 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 6.37B(a)(3)(A). See Rule 6.1A(6) (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 6.37B(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 6.37B(a)(3)(C)(i).
    \16\ See proposed Rule 6.37B(a)(3)(C)(ii).
    \17\ See proposed Rule 6.37B(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 6.37B(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 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.
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    \19\ See Plan, supra note 12.
    \20\ See e.g., Securities Exchange Act Release No. 60527 (August 
18, 2009), 74 FR 43178 (August 26, 2009) (SR-NYSEArca-2009-45) 
(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 6.37B and 6.86, 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

[[Page 11966]]

equitable principles of trade, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest.
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    \23\ 15 U.S.C. 78f(b).
    \24\ 15 U.S.C. 78f(b)(5).
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    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\
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    \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. 
Moreover, the Exchange notes that all market participants, including 
Market Makers, already have the ability to avoid trading with 
undisplayed liquidity interest by entering PNP-Light Orders.\26\ The 
proposal to adopt MMLO simply extends existing functionality to Market 
Maker quotes.\27\
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    \26\ See supra note 9.
    \27\ See supra note 11.
---------------------------------------------------------------------------

    Because market participants that enter undisplayed interest (e.g., 
PNP-Blind Orders or orders with reserve size) \28\ 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.\29\ 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.
---------------------------------------------------------------------------

    \28\ See Rule 6.62(u) (providing that a PNP 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) and (d)(3) (providing that a Reserve 
Order is ``a limit order with a portion of the size displayed and 
with a reserve portion of the size (`reserve size') that is not 
displayed on NYSE Arca'').
    \29\ 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 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

[[Page 11967]]

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-NYSEArca-2017-17 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2017-17. 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-NYSEArca-2017-17 and should 
be submitted on or before March 20, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\30\
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    \30\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-03727 Filed 2-24-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                  11964                         Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices

                                                  Reference Room, 100 F Street NE.,                       Exchange’s Web site at www.nyse.com,                   would add clarity and transparency to
                                                  Washington, DC 20549, on official                       at the principal office of the Exchange,               Exchange rules.6
                                                  business days between the hours of                      and at the Commission’s Public                            Second, the Exchange proposes to add
                                                  10:00 a.m. and 3:00 p.m. Copies of such                 Reference Room.                                        a Market Maker Light Only Quotation
                                                  filings will also be available for                                                                             (‘‘MMLO’’) to provide Market Makers
                                                  inspection and copying at the principal                 II. Self-Regulatory Organization’s
                                                                                                          Statement of the Purpose of, and                       the option to designate incoming quotes
                                                  office of ICE Clear Europe and on ICE
                                                                                                          Statutory Basis for, the Proposed Rule                 to trade solely with displayed interest
                                                  Clear Europe’s Web site at https://
                                                                                                          Change                                                 on the Consolidated Book.7 This
                                                  www.theice.com/clear-europe/
                                                                                                                                                                 proposed change would allow Market
                                                  regulation#rule-filings.
                                                     All comments received will be posted                   In its filing with the Commission, the               Makers to designate quotes as MMLO to
                                                  without change; the Commission does                     self-regulatory organization included                  prevent such quotes from trading with
                                                  not edit personal identifying                           statements concerning the purpose of,                  undisplayed liquidity upon arrival.
                                                  information from submissions. You                       and basis for, the proposed rule change                Once an MMLO is added to the
                                                  should submit only information that                     and discussed any comments it received                 Consolidated Book, the MMLO
                                                  you wish to make available publicly. All                on the proposed rule change. The text                  designation no longer applies and any
                                                  submissions should refer to File                        of those statements may be examined at                 unexecuted portion could trade with
                                                  Number SR–ICEEU–2017–001 and                            the places specified in Item IV below.                 displayed and undisplayed interest. The
                                                  should be submitted on or before March                  The Exchange has prepared summaries,                   Exchange believes that this functionality
                                                  20, 2017.                                               set forth in sections A, B, and C below,               would give Market Makers greater
                                                                                                          of the most significant parts of such                  control over the circumstances in which
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated              statements.                                            their quotes interact with contra-side
                                                  authority.9                                                                                                    trading interest on the Exchange. This
                                                                                                          A. Self-Regulatory Organization’s
                                                  Eduardo A. Aleman,                                                                                             increase in control is desirable from the
                                                                                                          Statement of the Purpose of, and the
                                                  Assistant Secretary.                                                                                           perspective of Market Makers because it
                                                                                                          Statutory Basis for, the Proposed Rule
                                                                                                                                                                 is difficult for them to account for
                                                  [FR Doc. 2017–03731 Filed 2–24–17; 8:45 am]             Change
                                                  BILLING CODE 8011–01–P
                                                                                                                                                                 undisplayed liquidity in their quoting
                                                                                                          1. Purpose                                             models.8 Because the options market is
                                                                                                                                                                 quote driven, Market Makers are vital to
                                                                                                             The purpose of this filing is to modify             the price discovery process, the
                                                  SECURITIES AND EXCHANGE
                                                                                                          Rule 6.37B regarding Market Maker                      Exchange believes that the proposed
                                                  COMMISSION
                                                                                                          Quotations. Rule 6.37B(a) provides that                MMLO would provide Market Makers
                                                  [Release No. 34–80072; File No. SR–                     a Market Maker may enter quotes in the                 with a greater level of determinism, in
                                                  NYSEArca–2017–17]                                       option issues included in its                          terms of managing their exposure, and
                                                                                                          appointment. The Exchange proposes to                  thus may encourage more aggressive
                                                  Self-Regulatory Organizations; NYSE
                                                                                                          amend Rule 6.37B(a) to define Market                   liquidity provision, resulting in more
                                                  Arca, Inc.; Notice of Filing of Proposed
                                                                                                          Maker quotes, add a new quote type,                    trading opportunities and tighter
                                                  Rule Change To Amend Rule 6.37B
                                                                                                          and specify how such quotes would be                   spreads. Accordingly, the Exchange
                                                  Regarding Market Maker Quotations
                                                                                                          processed when a series is open for                    believes that the proposal would
                                                  February 21, 2017.                                      trading.                                               improve overall market quality and
                                                     Pursuant to Section 19(b)(1) 1 of the                                                                       enhance competition on the Exchange to
                                                                                                          Defining Market Maker Quotes and
                                                  Securities Exchange Act of 1934 (the                                                                           the benefit to all market participants.
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  Adopting Market Maker Light Only
                                                  notice is hereby given that on February                 Quotes                                                    The Exchange notes that all market
                                                  10, 2017, NYSE Arca, Inc. (the                                                                                 participants, including Market Makers,
                                                                                                             First, the Exchange proposes to define              already have the ability to avoid trading
                                                  ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with               Market Maker quotes to provide that
                                                  the Securities and Exchange                                                                                    with undisplayed liquidity by entering
                                                                                                          ‘‘[t]he term ‘quote’ or ‘quotation’ means              Post No Preference Light Order (‘‘PNP-
                                                  Commission (the ‘‘Commission’’) the                     a bid or offer entered by a Market Maker
                                                  proposed rule change as described in                                                                           Light Orders’’), which have existed on
                                                                                                          that updates the Market Maker’s                        the Exchange since 2009.9 With the
                                                  Items I and II below, which Items have                  previous bid or offer, if any.’’ 4 This
                                                  been prepared by the self-regulatory                                                                           adoption of the MMLO, the Exchange is
                                                                                                          proposed definition, which would add                   proposing a similar functionality for use
                                                  organization. The Commission is                         clarity, transparency, and internal
                                                  publishing this notice to solicit                       consistency to Exchange rules, is                         6 See proposed Rule 6.1(b)(33) (providing that
                                                  comments on the proposed rule change                    identical or substantially identical to the            ‘‘the term ‘Quote with Size’ means a quotation (as
                                                  from interested persons.                                way quotes are defined on at least two                 defined in Rule 6.37B(a)(1)) to buy or sell a specific
                                                  I. Self-Regulatory Organization’s                       other options exchanges.5 Consistent                   number of option contracts at a specific price that
                                                                                                                                                                 a Market Maker has submitted to the NYSE Arca OX
                                                  Statement of the Terms of Substance of                  with this change, the Exchange also                    trading system through an electronic interface’’).
                                                  the Proposed Rule Change                                proposes to modify the current                            7 See proposed Rule 6.37B(a)(2).

                                                     The Exchange proposes to amend                       definition of ‘‘Quote with Size’’ to                      8 The Exchange understands that, while a Market


                                                  Rule 6.37B regarding Market Maker                       include a cross reference to the                       Maker’s quoting algorithm can take into account
                                                                                                          proposed definition of quotation, which                displayed liquidity in the marketplace, the
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                                                  Quotations, including to adopt a Market                                                                        algorithm may not be able to accurately account for
                                                  Maker Light Only Quotation. The                                                                                the risk of interacting with undisplayed liquidity.
                                                                                                            4 See proposed Rule 6.37B(a)(1).                        9 See Securities Exchange Act Release 59603
                                                  proposed rule change is available on the
                                                                                                            5 See,e.g., International Securities Exchange Rule   (March 19, 2009), 74 FR 13279 (March 26, 2009)
                                                    9 17
                                                                                                          100(42). See also BOX Options Exchange LLC Rule        (SR–NYSEArca–2009–21) (immediately effective
                                                         CFR 200.30–3(a)(12).                             100(a)(55) (providing that ‘‘[t]he term ‘quote’ or     filing to adopt PNP-Light Order type). See also Rule
                                                    1 15 U.S.C. 78s(b)(1).                                ‘quotation’ means a bid or offer entered by a Market   6.62(v) (defining PNP-Light Orders as non-routable
                                                    2 15 U.S.C. 78a.
                                                                                                          Maker as a firm order that updates the Market          orders that are only eligible to execute against
                                                    3 17 CFR 240.19b–4.                                   Maker’s previous bid or offer, if any’’).              displayed liquidity).



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                                                                                 Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices                                                      11965

                                                  by Market Makers when quoting.10 The                        Center.13 Any untraded size of an                      for trade-throughs in certain options
                                                  Exchange also notes that other options                      incoming quote would be added to the                   classes.20 The Plan establishes various
                                                  exchanges have recently adopted quote                       Consolidated Book, unless it locks or                  obligations for participating exchanges,
                                                  types designed to strengthen market                         crosses interest on another Market                     including that Market Makers should
                                                  making.11                                                   Center or if the quote is an MMLO and                  ‘‘reasonably avoid displaying, and shall
                                                  *    *     *    *     *                                     locks or crosses undisplayed interest.14               not engage in a pattern or practice of
                                                                                                              The proposed rule would state that                     displaying, any quotations that lock or
                                                  Specifying the Treatment of Market                          when such quantity of an incoming                      cross’’ the best bid or offer on another
                                                  Maker Quotes, Including MMLOs                               quote is cancelled (as opposed to being                Market Center.21 The Plan further
                                                     The Exchange also proposes to modify                     rejected outright), the Exchange would                 obligates participating exchanges to
                                                  and add detail regarding how Market                         also cancel the Market Maker’s current                 conduct surveillance of their respective
                                                  Maker quotes, including MMLOs, would                        quote on the opposite side of the                      markets on a regular basis to ascertain
                                                  be processed when a series is open for                      market. In other words, both sides of the              the effectiveness of the policies and
                                                  trading. As discussed below, the                            Market Maker’s quote residing on the                   procedures to prevent trade-throughs
                                                  Exchange’s proposal to modify the                           Consolidated Book would be cancelled,                  and to take prompt action to remedy
                                                  processing of Market Maker quotations                       which allows a Market Maker to refresh                 deficiencies in such policies and
                                                  aligns with the NMS plan for Options                        both its bid and offer simultaneously.                 procedures.22 Because Market Maker
                                                  Order Protection And Locked/Crossed                            In addition, as proposed, an incoming               quotations do not route, and incoming
                                                  Market Plan (‘‘Plan’’), to which the                        quotation would be rejected if it locks                quotes, or portions thereof, would reject
                                                  Exchange is a party.12                                      or crosses interest on another Market                  or cancel if such quotes locked or
                                                     The Exchange proposes to change the                      Center and if it cannot trade with                     crossed away markets, the Exchange
                                                  treatment of incoming quotations,                           interest in the Consolidated Book at                   believes the proposal is consistent with
                                                  including the conditions under which                        prices that do not trade through another               the requirements of the Plan. In
                                                  quotes would be cancelled or rejected.                      Market Center.15 An incoming quotation                 addition, the proposed processing of
                                                  Specifically, as proposed, an incoming                      designated as MMLO would be rejected                   quotes is consistent with the Plan
                                                  quotation would only trade against                          if it locks or crosses undisplayed                     because it avoids trading-through better
                                                  contra-side interest in the Consolidated                    interest and cannot trade with displayed               prices on other exchange and locking or
                                                  Book at prices that would not trade                         interest in the Consolidated Book at                   crossing markets. In addition, the
                                                  through interest on another Market                          prices that do not trade through another               Exchange believes this proposal would
                                                                                                              Market Center.16 The proposed rule                     assist Market Makers in maintaining a
                                                     10 The Exchange previously offered (and later
                                                                                                              would specify that when an incoming                    fair and orderly market, as it would
                                                  eliminated) a Post No Preference Light Only                                                                        encourage Market Makers to provide
                                                  Quotation (‘‘PNPLO’’), which, like the MMLO,                quote is rejected outright (as opposed to
                                                  allowed Market Makers to designate certain                  being cancelled after a partial fill), the             greater liquidity.
                                                  quotations to only interact with displayed liquidity.       Exchange would also cancel the Market                     The Exchange notes that this proposal
                                                  The Commission approved the PNPLO, in part, on
                                                                                                              Maker’s current quote on the same side                 does not relieve a Market Maker of its
                                                  grounds that market participants, including Market                                                                 continuous quoting, or firm quote,
                                                  Makers, could achieve functionality similar to the          of the market.17 Such treatment
                                                  PNPLO through use of the PNP-Light Order and that           recognizes that the Market Maker                       obligations pursuant to Rules 6.37B and
                                                  the PNPLO offer similar functionality for use by            attempted (unsuccessfully) to update its               6.86, respectively. Further, the
                                                  Market Makers when quoting. See Securities
                                                                                                              bid or offer price and allows the Market               Exchange notes that Market Makers
                                                  Exchange Act Release Nos. 67252 (June 25, 2012),                                                                   would still be able to send orders in
                                                  77 FR 38879 (June 29, 2012) (SR–NYSEArca–2012–              Maker to refresh that side of its quote.
                                                  05) (order approving adoption of PNPLO, applicable             In addition, when a series is open for              (and out of) classes to which they are
                                                  to Penny Pilot issues only); 68339 (December 3,             trading, a quote will trade only against               appointed, as orders are not affected by
                                                  2012), 77 FR 73109 (December 7, 2012) (SR–                                                                         this proposal.
                                                  NYSEArca–2012–130) (immediately effective filing
                                                                                                              interest in the Consolidated Book and
                                                  extending the PNPLO to non-Penny Pilot issues).             will not route. The Exchange does not                  Implementation
                                                  The PNPLO was eliminated approximately one year             route Market Maker quotations because
                                                  after it was adopted because the functionality was                                                                   The Exchange will announce the
                                                                                                              such quotes are designed to meet the
                                                  not implemented in the time period contemplated.                                                                   implementation of the proposed rule
                                                  See Securities Exchange Act Release No. 34–69641            Market Maker’s obligation to have
                                                                                                                                                                     change by Trader Update, which
                                                  (May 28, 2013), 78 FR 33134 (June 3, 2013) (SR–             displayed quotations on the Exchange.
                                                                                                                                                                     implementation will be no later than 30
                                                  NYSEArca–2013–51) (immediately effective filing             The Exchange proposes to specify this
                                                  deleting reference to the PNPLO from Rule                                                                          days after the approval of this rule
                                                                                                              functionality in Exchange rules.18
                                                  6.62(cc)).
                                                                                                                 The Exchange believes that processing               change.
                                                     11 The Exchange notes that BOX recently added

                                                  functionality to only accept quotes that add                Market Maker quotations, as described                  2. Statutory Basis
                                                  liquidity. See Securities Exchange Act Release Nos.         in the proposed rules, aligns with the                    The Exchange believes that its
                                                  79311 (October 3 [sic], 2016), 81 FR 83322                  Plan.19 The Plan obligates the
                                                  (November 15 [sic], 2016) (SR–BOX–2016–45)                                                                         proposal is consistent with Section 6(b)
                                                  (order approving change to only accept liquidity-
                                                                                                              participating exchanges to provide order               of the Securities Exchange Act of 1934
                                                  adding quotes); 78946 (September 27, 2016), 81 FR           protection, including addressing locked                (the ‘‘Act’’),23 in general, and furthers
                                                  68069 (October 3, 2016) (notice). See also BOX IM–          and crossed markets and the potential                  the objectives of Section 6(b)(5) of the
                                                  8050–3 (providing that ‘‘[i]f an incoming quote is
                                                  marketable against the BOX Book and will execute              13 See proposed 6.37B(a)(3)(A). See Rule 6.1A(6)
                                                                                                                                                                     Act,24 in particular, in that it is designed
                                                  against a resting order or quote, it will be rejected’’).   (defining Market Center as ‘‘a national securities     to prevent fraudulent and manipulative
                                                     12 See Plan, dated April 14, 2009, available here,
                                                                                                              exchange that has qualified for participation in the   acts and practices, to promote just and
                                                  http://www.optionsclearing.com/components/docs/
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                                                                                                              Options Clearing Corporation pursuant to the
                                                  clearing/services/options_order_protection_                 provisions of the rules of the Options Clearing          20 See e.g., Securities Exchange Act Release No.
                                                  plan.pdf. See also Securities Exchange Act Release          Corporation’’).                                        60527 (August 18, 2009), 74 FR 43178 (August 26,
                                                  No. 60405 (July 30, 2009), 74 FR 39362 (August 6,             14 See proposed Rule 6.37B(a)(3)(B)(i).
                                                                                                                                                                     2009) (SR–NYSEArca–2009–45) (adopting and
                                                  2009) (File No. 4–546) (order approving the Plan).            15 See proposed Rule 6.37B(a)(3)(C)(i).              updating Exchange rules to implement the Plan).
                                                  Consistent with the Plan, the rules of the Exchange           16 See proposed Rule 6.37B(a)(3)(C)(ii).               21 See Plan at Section 6(c), supra note 12.
                                                  include prohibitions against trade-throughs and a
                                                                                                                17 See proposed Rule 6.37B(a)(3)(C).                   22 See Plan at Section 5(a), supra note 12.
                                                  pattern or practice of displaying certain quotations
                                                                                                                18 See proposed Rule 6.37B(a)(3), (D).                 23 15 U.S.C. 78f(b).
                                                  that lock or cross away markets. See, e.g., Rules
                                                  6.94, 6.95. See also infra note 20.                           19 See Plan, supra note 12.                            24 15 U.S.C. 78f(b)(5).




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                                                  11966                        Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices

                                                  equitable principles of trade, to remove                Orders or orders with reserve size) 28 are                 fair and orderly market as it would
                                                  impediments to and perfect the                          opting not to have their interest                          encourage Market Makers to provide
                                                  mechanism of a free and open market                     displayed, the Exchange believes it is                     greater volumes of liquidity, which
                                                  and a national market system, and, in                   consistent with the Act for Market                         would add value to market making on
                                                  general, to protect investors and the                   Makers to choose to designate their                        the Exchange.
                                                  public interest.                                        quotes not to trade with such                                 The Exchange believes that the entire
                                                     The proposal to add the definition of                undisplayed interest.29 For the forgoing                   proposal is just, equitable and not
                                                  Market Maker quotes would provide                       reasons, the Exchange believes that the                    unfairly discriminatory, as it would
                                                  clarity and transparency to Exchange                    proposal to offer to Market Makers the                     apply to all Market Makers on the
                                                  rules to the benefit of investors as the                option to designate their quotes as                        Exchange. Further, the proposal would
                                                  additional clarity would promote just                   MMLO is not unfairly discriminatory.                       protect investors and the public interest
                                                  and equitable principles of trade and                   The Exchange also believes that such                       by providing a more robust market,
                                                  remove impediments to, and perfect the                  offering would protect investors and the                   including because the proposal may
                                                  mechanism of, a free and open market                    public interest because it may                             contribute to more aggressive quoting by
                                                  and a national market system. The                       contribute to more aggressive quoting by                   Market Makers. The Exchange believes
                                                  proposed rule amendments would also                     Market Makers, which should increase                       that the proposal would lead to
                                                  provide internal consistency within                     the quality of the Exchange’s market and                   enhanced liquidity on the Exchange,
                                                  Exchange rules and operate to protect                   benefit investors.                                         which in turn will benefit and protect
                                                  investors and the investing public by                      The proposal to add detail and amend                    investors and the public interest
                                                  making the Exchange rules easier to                     the treatment of Market Maker quotes is                    through the potential for greater volume
                                                  navigate and comprehend. Because the                    consistent with, and facilitates the                       of orders and executions on the
                                                  proposed definition of quotes is                        Exchange meeting its obligations under                     Exchange.
                                                  identical or substantially identical to                 the Plan and, thus, would remove                           B. Self-Regulatory Organization’s
                                                  definitions provided on other options                   impediments to, and perfect the                            Statement on Burden on Competition
                                                  exchanges, the proposal presents no                     mechanism of, a free and open market
                                                  new or novel issues.25                                  and a national market system. The                             The Exchange does not believe that
                                                     The proposal to offer to Market                      Exchange believes the proposed                             the proposed rule change would impose
                                                  Makers the ability to designate quotes as               processing of quotes is consistent with                    any burden on competition that is not
                                                  MMLO would remove impediments to                        the Plan because it avoids trading                         necessary or appropriate in furtherance
                                                  and perfect the mechanism of a free and                 through better prices on other exchanges                   of the purposes of the Act. The
                                                  open market and a national market                       and is designed to avoid locking and                       Exchange believes the proposal adds
                                                  system because it would provide Market                  crossing markets. By preventing Market                     value to market making on the
                                                  Makers with increased control over                      Makers from locking or crossing trading                    Exchange. The Exchange does not
                                                  interactions with contra-side liquidity.                interest on away Market Centers, the                       believe the proposal would impose a
                                                  Specifically, the proposal would                        proposal would prevent fraudulent and                      burden on competition among the
                                                  improve market making on the                            manipulative acts and practices and                        options exchanges because of vigorous
                                                  Exchange because it would prevent                       would promote just and equitable                           competition for order flow among the
                                                  incoming Market Maker quotes from                       principles of trade to the benefit of all                  options exchanges. In this highly
                                                  trading with resting undisplayed                        market participants. The Exchange also                     competitive market, market participants
                                                  interest, which interest is difficult to                believes the proposal regarding how the                    can easily and readily direct order flow
                                                  take into account in quoting models.                    Exchange processes quotes in the event                     to competing venues. The proposal does
                                                  Accordingly, the Exchange believes that                 that an incoming quote is rejected, or a                   not impose an undue burden on
                                                  the proposed MMLO designation would                     portion thereof is cancelled, would                        intramarket competition because the
                                                  provide Market Makers with a greater                    promote just and equitable principles of                   proposed change would apply to all
                                                  level of determinism, in terms of                       trade. Specifically, the proposed rules                    Market Makers on the Exchange. The
                                                  managing their exposure, and would                      would enable Market Makers to                              proposal is structured to offer the same
                                                  encourage more aggressive liquidity                     simultaneously update both sides of                        enhancement to all Market Makers,
                                                  provision, resulting in more trading                    their resting quote when one side of the                   regardless of size, and would not
                                                  opportunities for market participants                   quote received a partial fill but was                      impose a competitive burden on any
                                                  and tighter spreads. Accordingly, the                   subsequently cancelled and, where one                      participant.
                                                  Exchange believes that the proposal                                                                                   The proposed MMLO, which provides
                                                                                                          side of a quote is rejected and not
                                                  would improve overall market quality                                                                               Market Makers with enhanced
                                                                                                          booked, to leave undisturbed that
                                                  and improve competition on the                                                                                     determinism over their quotes, may
                                                                                                          opposite-side interest because it remains
                                                  Exchange, to the benefit of all market                                                                             contribute to more aggressive quoting by
                                                                                                          valid. The Exchange believes this
                                                  participants. Moreover, the Exchange                                                                               Market Makers, resulting in more
                                                                                                          proposed handling of quotes would
                                                  notes that all market participants,                                                                                trading opportunities and tighter
                                                                                                          assist Market Makers in maintaining a
                                                  including Market Makers, already have                                                                              spreads. To the extent this purpose is
                                                  the ability to avoid trading with                         28 See Rule 6.62(u) (providing that a PNP Blind
                                                                                                                                                                     achieved, the MMLO would enhance
                                                  undisplayed liquidity interest by                       Order is a Limit Order to buy or sell that is to be        the market making function on the
                                                  entering PNP-Light Orders.26 The                        executed in whole or in part on the Exchange, and          Exchange, which would improve overall
                                                                                                          the portion not so executed is to be ranked in the         market quality and improve competition
                                                  proposal to adopt MMLO simply                           Consolidated Book, without routing any portion of
                                                                                                                                                                     on the Exchange to the benefit of all
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                                                  extends existing functionality to Market                the order to another Market Center) and (d)(3)
                                                  Maker quotes.27                                         (providing that a Reserve Order is ‘‘a limit order         market participants.
                                                     Because market participants that enter               with a portion of the size displayed and with a               The Exchange believes the proposal is
                                                  undisplayed interest (e.g., PNP-Blind                   reserve portion of the size (‘reserve size’) that is not   pro-competitive because when an
                                                                                                          displayed on NYSE Arca’’).                                 exchange offers enhanced functionality
                                                                                                            29 In this regard, the Exchange notes that
                                                    25 See supra note 5.                                  undisplayed liquidity is not afforded trade-through
                                                                                                                                                                     that distinguishes it from other
                                                    26 See supra note 9.                                  protection under Section 5 of the Plan. See Plan,          exchanges and participants find it
                                                    27 See supra note 11.                                 supra note 12.                                             useful, it has been the Exchange’s


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                                                                               Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices                                                      11967

                                                  experience that competing exchanges                     with respect to the proposed rule                     510 (SQT and RSQT Performance
                                                  will move to adopt similar functionality.               change that are filed with the                        Evaluation), and Rule 511 (Specialist
                                                  Thus, the Exchange believes that this                   Commission, and all written                           Allocation and Performance
                                                  type of competition amongst exchanges                   communications relating to the                        Evaluation).3 The proposed rule change
                                                  is beneficial to the market place as a                  proposed rule change between the                      was published for comment in the
                                                  whole as it can result in enhanced                      Commission and any person, other than                 Federal Register on January 9, 2017.4
                                                  processes, functionality, and                           those that may be withheld from the                   On February 15, 2017, the Exchange
                                                  technologies.                                           public in accordance with the                         filed Amendment No. 1 to the proposed
                                                                                                          provisions of 5 U.S.C. 552, will be                   rule change, which superseded the
                                                  C. Self-Regulatory Organization’s                       available for Web site viewing and                    original filing in its entirety.5 The
                                                  Statement on Comments on the                            printing in the Commission’s Public                   Commission received no comments on
                                                  Proposed Rule Change Received From                      Reference Room, 100 F Street NE.,                     the proposed rule change. The
                                                  Members, Participants, or Others                        Washington, DC 20549, on official                     Commission is publishing this notice to
                                                    No written comments were solicited                    business days between the hours of                    solicit comment on Amendment No. 1
                                                  or received with respect to the proposed                10:00 a.m. and 3:00 p.m. Copies of the                to the proposed rule change from
                                                  rule change.                                            filing also will be available for                     interested persons, and is approving the
                                                                                                          inspection and copying at the principal               proposed rule change, as modified by
                                                  III. Date of Effectiveness of the
                                                                                                          office of the Exchange. All comments                  Amendment No. 1, on an accelerated
                                                  Proposed Rule Change and Timing for
                                                                                                          received will be posted without change;               basis.
                                                  Commission Action
                                                                                                          the Commission does not edit personal
                                                     Within 45 days of the date of                                                                              II. Description of the Proposed Rule
                                                                                                          identifying information from
                                                  publication of this notice in the Federal                                                                     Change, as Modified by Amendment
                                                                                                          submissions. You should submit only
                                                  Register or such longer period up to 90                                                                       No. 1
                                                                                                          information that you wish to make
                                                  days (i) as the Commission may                          available publicly. All submissions                      The Exchange proposes to amend
                                                  designate if it finds such longer period                should refer to File Number SR–                       certain of its Series 500 Rules
                                                  to be appropriate and publishes its                     NYSEArca–2017–17 and should be                        concerning the treatment of Specialists,6
                                                  reasons for so finding or (ii) as to which              submitted on or before March 20, 2017.                SQTs,7 and RSQTs.8
                                                  the self-regulatory organization                          For the Commission, by the Division of                 3 See infra notes 6–8 for definitions of Specialist,
                                                  consents, the Commission will:                          Trading and Markets, pursuant to delegated
                                                     (A) By order approve or disapprove                                                                         SQT, RSQT, and RSQTO.
                                                                                                          authority.30                                             4 See Securities Exchange Act Release No. 79724
                                                  the proposed rule change, or                            Eduardo A. Aleman,                                    (January 3, 2017), 82 FR 2418 (‘‘Notice’’).
                                                     (B) institute proceedings to determine               Assistant Secretary.                                     5 In Amendment No. 1, the Exchange: (1)
                                                  whether the proposed rule change                                                                              Specified that members of the panel that may be
                                                                                                          [FR Doc. 2017–03727 Filed 2–24–17; 8:45 am]
                                                  should be disapproved.                                                                                        appointed by the Board of Directors to consider
                                                                                                          BILLING CODE 8011–01–P                                certain appeals may not have been involved at all
                                                  IV. Solicitation of Comments                                                                                  in the decision appealed from (rather than not being
                                                                                                                                                                materially involved) and must otherwise have no
                                                    Interested persons are invited to                                                                           conflict of interest; and (2) clarified that when
                                                  submit written data, views, and                         SECURITIES AND EXCHANGE
                                                                                                                                                                selecting members for such panel, the Board of
                                                  arguments concerning the foregoing,                     COMMISSION                                            Directors shall choose individuals whose
                                                  including whether the proposed rule                     [Release No. 34–80074; File No. SR–Phlx–              background, experience, and training qualify them
                                                                                                                                                                to consider and make determinations regarding the
                                                  change is consistent with the Act.                      2016–105]
                                                                                                                                                                subject matter to be presented to the panel (rather
                                                  Comments may be submitted by any of                                                                           than considering these factors to the extent
                                                  the following methods:                                  Self-Regulatory Organizations;                        practicable). To promote transparency of its
                                                                                                          NASDAQ PHLX LLC; Notice of Filing of                  proposed amendment, when Phlx filed Amendment
                                                  Electronic Comments                                     Amendment No. 1 and Order Granting                    No. 1 with the Commission, it also submitted
                                                                                                                                                                Amendment No. 1 as a comment letter to the file,
                                                    • Use the Commission’s Internet                       Accelerated Approval of Proposed                      which the Commission posted on its Web site and
                                                  comment form (http://www.sec.gov/                       Rule Change, as Modified by                           placed in the public comment file for SR–Phlx–
                                                  rules/sro.shtml); or                                    Amendment No. 1, To Amend Rules                       2016–105 (available at https://www.sec.gov/
                                                    • Send an email to rule-comments@                     501, 507, 508, 510, and 511 of the                    comments/sr-phlx-2016-105/phlx2016105-1589879-
                                                                                                                                                                132169.pdf). The Exchange also posted a copy of its
                                                  sec.gov. Please include File Number SR–                 Exchange                                              Amendment No. 1 on its Web site (http://
                                                  NYSEArca–2017–17 on the subject line.                                                                         nasdaqphlx.cchwallstreet.com/NASDAQPHLX/pdf/
                                                                                                          February 21, 2017.
                                                                                                                                                                phlx-filings/2016/SR-Phlx-2016-105_Amendment_
                                                  Paper Comments                                          I. Introduction                                       1.pdf) when it filed Amendment No. 1 with the
                                                     • Send paper comments in triplicate                     On December 21, 2016, NASDAQ
                                                                                                                                                                Commission.
                                                                                                                                                                   6 A ‘‘Specialist’’ is an Exchange member who is
                                                  to Brent J. Fields, Secretary, Securities               PHLX LLC (‘‘Phlx’’ or the ‘‘Exchange’’)               registered as an options specialist pursuant to Rule
                                                  and Exchange Commission, 100 F Street                   filed with the Securities and Exchange                1020(a). A ‘‘Remote Specialist’’ is an options
                                                  NE., Washington, DC 20549–1090.                         Commission (‘‘Commission’’), pursuant
                                                                                                                                                                specialist that does not have a physical presence on
                                                                                                                                                                an Exchange floor. See Rule 1020(a)(i) and (ii).
                                                  All submissions should refer to File                    to Section 19(b)(1) of the Securities                    7 An ‘‘ROT’’ is a regular member of the Exchange
                                                  Number SR–NYSEArca–2017–17. This                        Exchange Act of 1934 (‘‘Act’’) 1 and Rule             located on the trading floor who has received
                                                  file number should be included on the                   19b–4 thereunder,2 a proposed rule                    permission from the Exchange to trade in options
                                                  subject line if email is used. To help the              change to amend Rule 501 (Specialist                  for his own account. See Rule 1014(b)(i). A
                                                  Commission process and review your                                                                            ‘‘Streaming Quote Trader’’ or ‘‘SQT’’ is an ROT who
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                                                                                                          Appointment), Rule 507 (Application                   has received permission from the Exchange to
                                                  comments more efficiently, please use                   for Approval as an SQT, RSQT, or                      generate and submit option quotations
                                                  only one method. The Commission will                    RSQTO and Assignment in Options),                     electronically in options to which such SQT is
                                                  post all comments on the Commission’s                   Rule 508 (Transfer Application), Rule                 assigned. See Rule 1014(b)(ii)(A).
                                                                                                                                                                   8 A ‘‘Remote Streaming Quote Trader’’ or ‘‘RSQT’’
                                                  Internet Web site (http://www.sec.gov/
                                                                                                                                                                is an ROT that is a member affiliated with a
                                                  rules/sro.shtml). Copies of the                           30 17 CFR 200.30–3(a)(12).                          ‘‘Remote Streaming Quote Trader Organization’’ or
                                                  submission, all subsequent                                1 15 U.S.C. 78s(b)(1).                              ‘‘RSQTO’’ with no physical trading floor presence
                                                  amendments, all written statements                        2 17 CFR 240.19b–4.                                                                              Continued




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Document Created: 2017-02-25 01:05:22
Document Modified: 2017-02-25 01:05:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 11964 

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