82 FR 26562 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot Period for the Exchange's Retail Liquidity Program Until December 31, 2017

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 108 (June 7, 2017)

Page Range		26562-26563
FR Document		2017-11753
Federal Register, Volume 82 Issue 108 (Wednesday, June 7, 2017)
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26562-26563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11753]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80844; File No. SR-NYSE-2017-26]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Extend the Pilot Period for the Exchange's Retail Liquidity Program 
Until December 31, 2017

June 1, 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 May 23, 2017, New York Stock Exchange LLC (``NYSE'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I, 
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to extend the pilot period for the Exchange's 
Retail Liquidity Program (the ``Retail Liquidity Program'' or the 
``Program''), which is currently scheduled to expire on June 30, 2017, 
until December 31, 2017. The proposed rule change is available on the 
Exchange's Web site at www.nyse.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to extend the pilot period of the 
Retail Liquidity Program, currently scheduled to expire on June 30, 
2017,\4\ until December 31, 2017.
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    \4\ See Securities Exchange Act Release No. 79493 (December 7, 
2016), 81 FR 90019 (December 13, 2016) (SR-NYSE-2016-82).
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Background
    In July 2012, the Commission approved the Retail Liquidity Program 
on a pilot basis.\5\ The Program is designed to attract retail order 
flow to the Exchange, and allows such order flow to receive potential 
price improvement. The Program is currently limited to trades occurring 
at prices equal to or greater than $1.00 per share. Under the Program, 
Retail Liquidity Providers (``RLPs'') are able to provide potential 
price improvement in the form of a non-displayed order that is priced 
better than the Exchange's best protected bid or offer (``PBBO''), 
called a Retail Price Improvement Order (``RPI''). When there is an RPI 
in a particular security, the Exchange disseminates an indicator, known 
as the Retail Liquidity Identifier, indicating that such interest 
exists. Retail Member Organizations (``RMOs'') can submit a Retail 
Order to the Exchange, which would interact, to the extent possible, 
with available contra-side RPIs.
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    \5\ See Securities Exchange Act Release No. 67347 (July 3, 
2012), 77 FR 40673 (July 10, 2012) (``RLP Approval Order'') (SR-
NYSE-2011-55).
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    The Retail Liquidity Program was approved by the Commission on a 
pilot basis. Pursuant to NYSE Rule 107C(m), the pilot period for the 
Program is scheduled to end on June 30, 2017.
Proposal To Extend the Operation of the Program
    The Exchange established the Retail Liquidity Program in an attempt 
to attract retail order flow to the Exchange by potentially providing 
price improvement to such order flow. The Exchange believes that the 
Program promotes competition for retail order flow by allowing Exchange 
members to submit RPIs to interact with Retail Orders. Such competition 
has the ability to promote efficiency by facilitating the price 
discovery process and generating additional investor interest in 
trading securities, thereby promoting capital formation. The Exchange 
believes that extending the pilot is appropriate because it will allow 
the Exchange and the Commission additional time to analyze data 
regarding the Program that the Exchange has committed to provide.\6\ As 
such, the Exchange believes that it is appropriate to extend the 
current operation of the Program.\7\ Through this filing, the Exchange 
seeks to amend NYSE Rule 107C(m) and extend the current pilot period of 
the Program until December 31, 2017.
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    \6\ See id. at 40681.
    \7\ Concurrently with this filing, the Exchange has submitted a 
request for an extension of the exemption under Regulation NMS Rule 
612 previously granted by the Commission that permits it to accept 
and rank the undisplayed RPIs. See Letter from Martha Redding, Asst. 
Corporate Secretary, NYSE Group, Inc. to Brent J. Fields, Secretary, 
Securities and Exchange Commission, dated May 23, 2017.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act,\8\ in general, and furthers the objectives of Section 6(b)(5),\9\ 
in particular, in that it is designed to promote just and equitable 
principles of trade, to remove impediments to and perfect the mechanism 
of a free and open market and a national market system, and, in 
general, to protect investors and the public interest. The Exchange 
believes that extending the pilot period for the Retail Liquidity 
Program is consistent with these principles because the Program is 
reasonably designed to attract retail order flow to the exchange 
environment, while helping to ensure that retail investors benefit from 
the better price that liquidity providers are willing to give their 
orders. Additionally, as previously stated, the competition promoted by 
the Program may facilitate the price discovery process and potentially 
generate additional investor interest in trading securities. The 
extension of the pilot period will allow the Commission and the 
Exchange to continue to monitor the Program for its potential effects 
on public price discovery, and on the broader market structure.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not

[[Page 26563]]

necessary or appropriate in furtherance of the purposes of the Act. The 
proposed rule change simply extends an established pilot program for an 
additional six months, thus allowing the Retail Liquidity Program to 
enhance competition for retail order flow and contribute to the public 
price discovery process.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\13\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
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    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \14\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSE-2017-26 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2017-26. 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-NYSE-2017-26, and should be 
submitted on or before June 28, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11753 Filed 6-6-17; 8:45 am]
BILLING CODE 8011-01-P
Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices 26563

necessary or appropriate in furtherance IV. Solicitation of Comments For the Commission, by the Division of
of the purposes of the Act. The Trading and Markets, pursuant to delegated
proposed rule change simply extends an Interested persons are invited to authority.15
established pilot program for an submit written data, views, and Eduardo A. Aleman,
additional six months, thus allowing the arguments concerning the foregoing, Assistant Secretary.
Retail Liquidity Program to enhance including whether the proposed rule [FR Doc. 2017–11753 Filed 6–6–17; 8:45 am]
competition for retail order flow and change is consistent with the Act. BILLING CODE 8011–01–P
contribute to the public price discovery Comments may be submitted by any of
process. the following methods:
C. Self-Regulatory Organization’s Electronic Comments DEPARTMENT OF STATE
Statement on Comments on the [Public Notice 10025]
Proposed Rule Change Received From • Use the Commission’s Internet
Members, Participants, or Others comment form (http://www.sec.gov/ Notice of Issuance of a Presidential
rules/sro.shtml); or Permit to NuStar Logistics, L.P.
No written comments were solicited
or received with respect to the proposed • Send an email to rule-comments@ AGENCY: Department of State.
rule change. sec.gov. Please include File Number SR– ACTION: Notice.
NYSE–2017–26 on the subject line.
III. Date of Effectiveness of the SUMMARY: The Acting Assistant
Proposed Rule Change and Timing for Paper Comments Secretary of State for Oceans and
Commission Action International Environmental and
• Send paper comments in triplicate
Scientific Affairs issued a Presidential
The Exchange has filed the proposed to Secretary, Securities and Exchange
permit to NuStar Logistics, L.P.
rule change pursuant to Section Commission, 100 F Street NE.,
(‘‘NuStar’’) on May 30, 2017,
19(b)(3)(A)(iii) of the Act 10 and Rule Washington, DC 20549–1090. authorizing NuStar to operate and
19b–4(f)(6) thereunder.11 Because the maintain existing pipeline facilities
All submissions should refer to File
proposed rule change does not: (i) (‘‘Existing Burgos pipeline facilities’’) at
Significantly affect the protection of Number SR–NYSE–2017–26. This file
number should be included on the the U.S.-Mexico border near Edinburg,
investors or the public interest; (ii) Texas for the transport of refined
impose any significant burden on subject line if email is used. To help the
Commission process and review your petroleum products, including naphtha,
competition; and (iii) become operative liquefied petroleum gas, natural gas
prior to 30 days from the date on which comments more efficiently, please use
only one method. The Commission will liquids, jet fuel, regular and premium
it was filed, or such shorter time as the gasoline, and diesel. In accordance with
Commission may designate, if post all comments on the Commission’s
Internet Web site (http://www.sec.gov/ Executive Order 13337 (April 30, 2004),
consistent with the protection of the Acting Assistant Secretary
investors and the public interest, the rules/sro.shtml). Copies of the
determined that issuance of this permit
proposed rule change has become submission, all subsequent
would serve the national interest.
effective pursuant to Section 19(b)(3)(A) amendments, all written statements
FOR FURTHER INFORMATION CONTACT:
of the Act and Rule 19b–4(f)(6)(iii) with respect to the proposed rule
thereunder. Matthew T. McManus, Acting Director,
change that are filed with the
Energy Resources Bureau, Office of
A proposed rule change filed under Commission, and all written
Policy Analysis and Public Diplomacy,
Rule 19b–4(f)(6) 12 normally does not communications relating to the U.S. Department of State, 2201 C St.
become operative prior to 30 days after proposed rule change between the NW., Suite 4422, Washington, DC
the date of the filing. However, pursuant Commission and any person, other than 20520.
to Rule 19b4(f)(6)(iii),13 the Commission those that may be withheld from the
may designate a shorter time if such SUPPLEMENTARY INFORMATION:
public in accordance with the
action is consistent with the protection provisions of 5 U.S.C. 552, will be Additional information concerning the
of investors and the public interest. Existing Burgos pipeline facilities and
available for Web site viewing and
At any time within 60 days of the documents related to the Department of
printing in the Commission’s Public
filing of such proposed rule change, the State’s review of the application for a
Reference Room, 100 F Street NE., Presidential permit can be found at
Commission summarily may Washington, DC 20549 on official
temporarily suspend such rule change if https://www.state.gov/e/enr/applicant/
business days between the hours of applicants/c66757.htm. Following is the
it appears to the Commission that such 10:00 a.m. and 3:00 p.m. Copies of the
action is necessary or appropriate in the text of the permit, as issued:
filing also will be available for
public interest, for the protection of inspection and copying at the principal PRESIDENTIAL PERMIT
investors, or otherwise in furtherance of office of the Exchange. All comments AUTHORIZING NUSTAR LOGISTICS,
the purposes of the Act. If the received will be posted without change; L.P. TO OPERATE AND MAINTAIN
Commission takes such action, the the Commission does not edit personal EXISTING PIPELINE FACILITIES AT
Commission shall institute proceedings THE INTERNATIONAL BOUNDARY
identifying information from
under Section 19(b)(2)(B) 14 of the Act to BETWEEN THE UNITED STATES AND
submissions. You should submit only
determine whether the proposed rule MEXICO
information that you wish to make
sradovich on DSK3GMQ082PROD with NOTICES

change should be approved or
disapproved. available publicly. All submissions By virtue of the authority vested in
should refer to File Number SR–NYSE– me as Acting Assistant Secretary of
10 15 U.S.C. 78s(b)(3)(A)(iii).
2017–26, and should be submitted on or State for Oceans and International
11 17 CFR 240.19b–4(f)(6). before June 28, 2017. Environmental and Scientific Affairs,
12 17 CFR 240.19b–4(f)(6). including those authorities under
13 17 CFR 240.19b–4(f)(6)(iii).
14 15 U.S.C. 78s(b)(2)(B). 15 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 16:37 Jun 06, 2017 Jkt 241001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1
Document Created: 2017-06-07 02:01:19
Document Modified: 2017-06-07 02:01:19
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 26562