82_FR_26831 82 FR 26722 - Self-Regulatory Organizations; NYSE Arca, Inc.; 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

82 FR 26722 - Self-Regulatory Organizations; NYSE Arca, Inc.; 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 109 (June 8, 2017)

Page Range26722-26724
FR Document2017-11867

Federal Register, Volume 82 Issue 109 (Thursday, June 8, 2017)
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26722-26724]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11867]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80851; File No. SR-NYSEARCA-2017-63]


Self-Regulatory Organizations; NYSE Arca, Inc.; 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 2, 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, 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, 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. 79495 (December 7, 
2016), 81 FR 90033 (December 13, 2016) (SR-NYSEArca-2016-157).
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Background
    In December 2013, 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

[[Page 26723]]

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. 71176 (December 23, 
2013), 78 FR 79524 (December 30, 2013) (SR-NYSEArca-2013-107) (``RLP 
Approval Order'').
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    The Retail Liquidity Program was approved by the Commission on a 
pilot basis. Pursuant to NYSE Arca Equities Rule 7.44(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 Arca Equities Rule 7.44(m) and extend the current 
pilot period of the Program until December 31, 2017.
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    \6\ See RLP Approval Order, supra n. 5, 78 FR at 79529.
    \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 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 19b-4(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.
---------------------------------------------------------------------------

    \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-NYSEARCA-2017-63 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-NYSEARCA-2017-63. 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

[[Page 26724]]

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-2017-63, and should be submitted on or before 
June 29, 2017.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11867 Filed 6-7-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    26722                          Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices

                                                    of operational risk, both internal and                  settlement requirement of Section                      comments on the proposed rule change
                                                    external, and mitigating their impact                   17A(b)(3)(F) of the Act and with                       from interested persons.
                                                    through the use of appropriate systems,                 operational risk requirements of Rule
                                                                                                                                                                   I. Self-Regulatory Organization’s
                                                    policies, procedures and controls, as                   17Ad–22(e)(17).
                                                                                                               The Commission also believes that the               Statement of the Terms of the Substance
                                                    well as to ensure that systems have a
                                                                                                            proposed rule change provides for an                   of the Proposed Rule Change
                                                    high degree of security, resiliency,
                                                    operational reliability, and adequate,                  approach that takes into consideration                    The Exchange proposes to extend the
                                                    scalable capacity.12 Rule 17Ad–22(b)(1)                 relevant risks (including hazard rates                 pilot period for the Exchange’s Retail
                                                    requires, in relevant part, a registered                and interest rates) in order to provide                Liquidity Program (the ‘‘Retail Liquidity
                                                    clearing agency that performs central                   for appropriate method for calculating                 Program’’ or the ‘‘Program’’), which is
                                                    counterparty services to establish,                     CDS prices, and consequently the                       currently scheduled to expire on June
                                                    implement, maintain and enforce                         measurement of LCH SA’s credit                         30, 2017, until December 31, 2017. The
                                                    written policies and procedures that are                exposures and margin requirements, in                  proposed rule change is available on the
                                                    reasonably designed to measure the                      the event that the ISDA Pricer fails. As               Exchange’s Web site at www.nyse.com,
                                                    registered clearing agency’s credit                     a result, the proposed rule change is                  at the principal office of the Exchange,
                                                    exposures to its participants at least                  consistent with requirements of Rules                  and at the Commission’s Public
                                                    once daily and limit its exposures to                   17Ad–22(b)(1) and (2), and Rule 17Ad–                  Reference Room.
                                                    potential losses from participant                       22(e)(6).                                              II. Self-Regulatory Organization’s
                                                    defaults under normal market                            IV. Conclusion                                         Statement of the Purpose of, and
                                                    conditions.13 Rule 17Ad–22(b)(2)                                                                               Statutory Basis for, the Proposed Rule
                                                    requires, in relevant part, a registered                  It is therefore ordered pursuant to
                                                                                                            Section 19(b)(2) of the Act that the                   Change
                                                    clearing agency that performs central
                                                    counterparty services to establish,                     proposed rule change (SR–LCH SA–                          In its filing with the Commission, the
                                                    implement, maintain and enforce                         2017–004) be, and hereby is,                           self-regulatory organization included
                                                    written policies and procedures that are                approved.16                                            statements concerning the purpose of,
                                                    reasonably designed to use margin                         For the Commission by the Division of                and basis for, the proposed rule change
                                                    requirements to limit its credit                        Trading and Markets, pursuant to delegated             and discussed any comments it received
                                                    exposures to participants under normal                  authority.17                                           on the proposed rule change. The text
                                                    market conditions and use risk-based                    Eduardo A. Aleman,                                     of those statements may be examined at
                                                    models and parameters to set margin                     Assistant Secretary.                                   the places specified in Item IV below.
                                                    requirements.14 Rule 17Ad–22(e)(6)                                                                             The Exchange has prepared summaries,
                                                                                                            [FR Doc. 2017–11865 Filed 6–7–17; 8:45 am]
                                                    requires, in relevant part, a covered                                                                          set forth in sections A, B, and C below,
                                                                                                            BILLING CODE 8011–01–P
                                                    clearing agency that provides central                                                                          of the most significant parts of such
                                                    counterparty services to cover its credit                                                                      statements.
                                                    exposures to its participants by                        SECURITIES AND EXCHANGE                                A. Self-Regulatory Organization’s
                                                    establishing a risk-based margin system                 COMMISSION                                             Statement of the Purpose of, and
                                                    that, at a minimum, considers and                                                                              Statutory Basis for, the Proposed Rule
                                                                                                            [Release No. 34–80851; File No. SR–
                                                    produces margin levels commensurate                     NYSEARCA–2017–63]                                      Change
                                                    with the risks and particular attributes
                                                    of each relevant product, portfolio and                                                                        1. Purpose
                                                                                                            Self-Regulatory Organizations; NYSE
                                                    market, and marks participant positions                 Arca, Inc.; Notice of Filing and                          The purpose of this filing is to extend
                                                    to market and collects margin, including                Immediate Effectiveness of Proposed                    the pilot period of the Retail Liquidity
                                                    variation margin or equivalent charges if               Rule Change To Extend the Pilot                        Program, currently scheduled to expire
                                                    relevant, at least daily.15                             Period for the Exchange’s Retail                       on June 30, 2017,4 until December 31,
                                                       The Commission finds that the                        Liquidity Program Until December 31,                   2017.
                                                    proposed rule change is consistent with                 2017                                                   Background
                                                    Section 17A(b)(3)(F) of the Act and the
                                                    relevant provisions of Rule 17Ad–22                     June 2, 2017.                                             In December 2013, the Commission
                                                    thereunder. The Commission believes                        Pursuant to Section 19(b)(1) 1 of the               approved the Retail Liquidity Program
                                                    that the proposed rule change will                      Securities Exchange Act of 1934 (the                   on a pilot basis.5 The Program is
                                                    reduce the risk that the process for                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                 designed to attract retail order flow to
                                                    determining spread margin                               notice is hereby given that, on May 23,                the Exchange, and allows such order
                                                    requirements will require excessive time                2017, NYSE Arca, Inc. (the ‘‘Exchange’’                flow to receive potential price
                                                    to process in the event that extreme                    or ‘‘NYSE Arca’’) filed with the                       improvement. The Program is currently
                                                    spread curves cause the ISDA Pricer to                  Securities and Exchange Commission                     limited to trades occurring at prices
                                                    fail; the proposed rule change thereby                  (the ‘‘Commission’’) the proposed rule                 equal to or greater than $1.00 per share.
                                                    will improve LCH SA’s operational                       change as described in Items I, II, and                Under the Program, Retail Liquidity
                                                    ability to calculate its margin                         III below, which Items have been                       Providers (‘‘RLPs’’) are able to provide
                                                    requirements promptly without                           prepared by the self-regulatory                        potential price improvement in the form
                                                    sacrificing accuracy. Because it will                   organization. The Commission is                        of a non-displayed order that is priced
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    facilitate the calculation of margin                    publishing this notice to solicit                      better than the Exchange’s best
                                                    requirements in a timely fashion, the                                                                          protected bid or offer (‘‘PBBO’’), called
                                                                                                               16 In approving the proposed rule change, the
                                                    proposed rule change is consistent with                 Commission considered the proposal’s impact on           4 See Securities Exchange Act Release No. 79495
                                                    the prompt and accurate clearance and                   efficiency, competition, and capital formation. 15     (December 7, 2016), 81 FR 90033 (December 13,
                                                                                                            U.S.C. 78c(f).                                         2016) (SR–NYSEArca–2016–157).
                                                      12 17 CFR 240.17Ad–22(e)(17).                            17 17 CFR 200.30–3(a)(12).
                                                                                                                                                                     5 See Securities Exchange Act Release No. 71176
                                                      13 17 CFR 240.17Ad–22(b)(1).                             1 15 U.S.C.78s(b)(1).
                                                                                                                                                                   (December 23, 2013), 78 FR 79524 (December 30,
                                                      14 17 CFR 240.17Ad–22(b)(2).                             2 15 U.S.C. 78a.
                                                                                                                                                                   2013) (SR–NYSEArca–2013–107) (‘‘RLP Approval
                                                      15 17 CFR 240.17Ad–22(e)(6)(i) and (ii).                 3 17 CFR 240.19b–4.                                 Order’’).



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                                                                                   Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices                                             26723

                                                    a Retail Price Improvement Order                        and a national market system, and, in                  of the Act and Rule 19b–4(f)(6)(iii)
                                                    (‘‘RPI’’). When there is an RPI in a                    general, to protect investors and the                  thereunder.
                                                    particular security, the Exchange                       public interest. The Exchange believes                    A proposed rule change filed under
                                                    disseminates an indicator, known as the                 that extending the pilot period for the                Rule 19b–4(f)(6) 12 normally does not
                                                    Retail Liquidity Identifier, indicating                 Retail Liquidity Program is consistent                 become operative prior to 30 days after
                                                    that such interest exists. Retail Member                with these principles because the                      the date of the filing. However, pursuant
                                                    Organizations (‘‘RMOs’’) can submit a                   Program is reasonably designed to                      to Rule 19b–4(f)(6)(iii),13 the
                                                    Retail Order to the Exchange, which                     attract retail order flow to the exchange              Commission may designate a shorter
                                                    would interact, to the extent possible,                 environment, while helping to ensure                   time if such action is consistent with the
                                                    with available contra-side RPIs.                        that retail investors benefit from the                 protection of investors and the public
                                                       The Retail Liquidity Program was                     better price that liquidity providers are              interest.
                                                    approved by the Commission on a pilot                   willing to give their orders.                             At any time within 60 days of the
                                                    basis. Pursuant to NYSE Arca Equities                   Additionally, as previously stated, the                filing of such proposed rule change, the
                                                    Rule 7.44(m), the pilot period for the                  competition promoted by the Program                    Commission summarily may
                                                    Program is scheduled to end on June 30,                 may facilitate the price discovery                     temporarily suspend such rule change if
                                                    2017.                                                   process and potentially generate                       it appears to the Commission that such
                                                    Proposal To Extend the Operation of the                 additional investor interest in trading                action is necessary or appropriate in the
                                                    Program                                                 securities. The extension of the pilot                 public interest, for the protection of
                                                                                                            period will allow the Commission and                   investors, or otherwise in furtherance of
                                                       The Exchange established the Retail                  the Exchange to continue to monitor the                the purposes of the Act. If the
                                                    Liquidity Program in an attempt to                      Program for its potential effects on                   Commission takes such action, the
                                                    attract retail order flow to the Exchange               public price discovery, and on the                     Commission shall institute proceedings
                                                    by potentially providing price                          broader market structure.                              under Section 19(b)(2)(B) 14 of the Act to
                                                    improvement to such order flow. The                                                                            determine whether the proposed rule
                                                    Exchange believes that the Program                      B. Self-Regulatory Organization’s                      change should be approved or
                                                    promotes competition for retail order                   Statement on Burden on Competition                     disapproved.
                                                    flow by allowing Exchange members to                      The Exchange does not believe that
                                                    submit RPIs to interact with Retail                     the proposed rule change will impose                   IV. Solicitation of Comments
                                                    Orders. Such competition has the ability                any burden on competition that is not                    Interested persons are invited to
                                                    to promote efficiency by facilitating the               necessary or appropriate in furtherance                submit written data, views, and
                                                    price discovery process and generating                  of the purposes of the Act. The                        arguments concerning the foregoing,
                                                    additional investor interest in trading                 proposed rule change simply extends an                 including whether the proposed rule
                                                    securities, thereby promoting capital                   established pilot program for an                       change is consistent with the Act.
                                                    formation. The Exchange believes that                   additional six months, thus allowing the               Comments may be submitted by any of
                                                    extending the pilot is appropriate                      Retail Liquidity Program to enhance                    the following methods:
                                                    because it will allow the Exchange and                  competition for retail order flow and
                                                    the Commission additional time to                                                                              Electronic Comments
                                                                                                            contribute to the public price discovery
                                                    analyze data regarding the Program that                 process.                                                  • Use the Commission’s Internet
                                                    the Exchange has committed to                                                                                  comment form (http://www.sec.gov/
                                                    provide.6 As such, the Exchange                         C. Self-Regulatory Organization’s                      rules/sro.shtml); or
                                                    believes that it is appropriate to extend               Statement on Comments on the                              • Send an email to rule-comments@
                                                    the current operation of the Program.7                  Proposed Rule Change Received From                     sec.gov. Please include File Number SR–
                                                    Through this filing, the Exchange seeks                 Members, Participants, or Others                       NYSEARCA–2017–63 on the subject
                                                    to amend NYSE Arca Equities Rule                          No written comments were solicited                   line.
                                                    7.44(m) and extend the current pilot                    or received with respect to the proposed               Paper Comments
                                                    period of the Program until December                    rule change.
                                                    31, 2017.                                                                                                         • Send paper comments in triplicate
                                                                                                            III. Date of Effectiveness of the                      to Secretary, Securities and Exchange
                                                    2. Statutory Basis                                      Proposed Rule Change and Timing for                    Commission, 100 F Street NE.,
                                                       The proposed rule change is                          Commission Action                                      Washington, DC 20549–1090.
                                                    consistent with Section 6(b) of the Act,8                  The Exchange has filed the proposed                 All submissions should refer to File
                                                    in general, and furthers the objectives of              rule change pursuant to Section                        Number SR–NYSEARCA–2017–63. This
                                                    Section 6(b)(5),9 in particular, in that it             19(b)(3)(A)(iii) of the Act 10 and Rule                file number should be included on the
                                                    is designed to promote just and                         19b–4(f)(6) thereunder.11 Because the                  subject line if email is used. To help the
                                                    equitable principles of trade, to remove                proposed rule change does not: (i)                     Commission process and review your
                                                    impediments to and perfect the                          Significantly affect the protection of                 comments more efficiently, please use
                                                    mechanism of a free and open market                     investors or the public interest; (ii)                 only one method. The Commission will
                                                                                                            impose any significant burden on                       post all comments on the Commission’s
                                                       6 See RLP Approval Order, supra n. 5, 78 FR at
                                                                                                            competition; and (iii) become operative                Internet Web site (http://www.sec.gov/
                                                    79529.                                                  prior to 30 days from the date on which
                                                       7 Concurrently with this filing, the Exchange has
                                                                                                                                                                   rules/sro.shtml). Copies of the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    submitted a request for an extension of the
                                                                                                            it was filed, or such shorter time as the              submission, all subsequent
                                                    exemption under Regulation NMS Rule 612                 Commission may designate, if                           amendments, all written statements
                                                    previously granted by the Commission that permits       consistent with the protection of                      with respect to the proposed rule
                                                    it to accept and rank the undisplayed RPIs. See         investors and the public interest, the                 change that are filed with the
                                                    Letter from Martha Redding, Asst. Corporate
                                                    Secretary, NYSE Group, Inc. to Brent J. Fields,
                                                                                                            proposed rule change has become                        Commission, and all written
                                                    Secretary, Securities and Exchange Commission,          effective pursuant to Section 19(b)(3)(A)
                                                    dated May 23, 2017.                                                                                             12 17 CFR 240.19b–4(f)(6).
                                                       8 15 U.S.C. 78f(b).                                    10 15 U.S.C. 78s(b)(3)(A)(iii).                       13 17 CFR 240.19b–4(f)(6)(iii).
                                                       9 15 U.S.C. 78f(b)(5).                                 11 17 CFR 240.19b–4(f)(6).                            14 15 U.S.C. 78s(b)(2)(B).




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                                                    26724                          Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices

                                                    communications relating to the                          duty to systemize a non-electronic order               determining whether to declare a market
                                                    proposed rule change between the                        prior to representing it in open outcry                to be ‘‘fast.’’ Specifically, proposed new
                                                    Commission and any person, other than                   trading. The proposed rule change was                  language in Rule 6.6(a) would provide
                                                    those that may be withheld from the                     published for comment in the Federal                   that: ‘‘[i]t may be in the interest of fair
                                                    public in accordance with the                           Register on March 6, 2017.3 The                        and orderly markets to declare a fast
                                                    provisions of 5 U.S.C. 552, will be                     Commission received no comments on                     market when one or more of the
                                                    available for Web site viewing and                      the proposed rule change. On April 18,                 following conditions have been met: (i)
                                                    printing in the Commission’s Public                     2017, pursuant to Section 19(b)(2) of the              The previous day’s closing price of the
                                                    Reference Room, 100 F Street NE.,                       Exchange Act,4 the Commission                          S&P 500 Index is more than 2% away
                                                    Washington, DC 20549 on official                        designated a longer period within which                from the previous day’s opening price;
                                                    business days between the hours of                      to approve the proposed rule change,                   (ii) the front-month E-mini S&P 500
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  disapprove the proposed rule change, or                Future (symbol ES/1) is trading more
                                                    filing also will be available for                       institute proceedings to determine                     than 20 points above or below the
                                                    inspection and copying at the principal                 whether to disapprove the proposed                     previous day’s closing values by 8:00
                                                    office of the Exchange. All comments                    rule change.5                                          a.m. CT; or (iii) the intraday price of the
                                                    received will be posted without change;                    The Commission is publishing this                   S&P 500 Index moves more than 1% in
                                                    the Commission does not edit personal                   notice to solicit comments on the                      any one hour interval during regular
                                                    identifying information from                            proposed rule change from interested                   trading hours.’’ In the Notice, CBOE
                                                    submissions. You should submit only                     persons and to institute proceedings                   acknowledges that some of these
                                                    information that you wish to make                       under Section 19(b)(2)(B) of the                       conditions occur with some degree of
                                                    available publicly. All submissions                     Exchange Act 6 to determine whether to                 frequency,9 but nevertheless asserts that
                                                    should refer to File Number SR–                         approve or disapprove the proposed                     these measures could reflect volatile
                                                    NYSEARCA–2017–63, and should be                         rule change, as discussed in Section III               trading conditions.10 The Exchange
                                                    submitted on or before June 29, 2017.                   below. The institution of proceedings                  asserts that including these guidelines
                                                      For the Commission, by the Division of                does not indicate that the Commission                  in the rule text would give better notice
                                                    Trading and Markets, pursuant to delegated              has reached any conclusions with                       to market participants as to when it
                                                    authority.15                                            respect to any of the issues involved,                 might declare a fast market.11
                                                    Eduardo A. Aleman,                                      nor does it mean that the Commission                      Further, CBOE proposes to allow two
                                                    Assistant Secretary.                                    will ultimately disapprove the proposed                Floor Officials to suspend during a fast
                                                    [FR Doc. 2017–11867 Filed 6–7–17; 8:45 am]
                                                                                                            rule change. Rather, as described in                   market the requirement of CBOE Rule
                                                                                                            Section III below, the Commission seeks                6.24 that non-electronic orders be
                                                    BILLING CODE 8011–01–P
                                                                                                            and encourages interested persons to                   systematized prior to representation on
                                                                                                            provide additional comment on the                      the trading floor.12 During such a
                                                    SECURITIES AND EXCHANGE                                 proposed rule change in order to inform                suspension, Trading Permit Holders
                                                    COMMISSION                                              the Commission’s analysis of whether to                (‘‘TPHs’’) and TPH organizations would
                                                                                                            approve or disapprove the proposed                     be required to follow the procedures
                                                    [Release No. 34–80854; File No. SR–CBOE–                rule change.                                           described in Rule 6.24(b), which require
                                                    2017–010]
                                                                                                            II. Summary of Proposal                                paper tickets to be used for orders
                                                    Self-Regulatory Organizations;                                                                                 received during a malfunction or
                                                                                                               Currently, CBOE Rule 6.6(a) permits
                                                    Chicago Board Options Exchange,                                                                                disruption of the Exchange’s systems.13
                                                                                                            two Floor Officials to declare a market
                                                    Incorporated; Order Instituting                                                                                The Exchange also would require that,
                                                                                                            to be ‘‘fast’’ ‘‘because of an influx of
                                                    Proceedings To Determine Whether To                                                                            as soon as it declares an end to a fast
                                                                                                            orders or other unusual conditions or
                                                    Approve or Disapprove a Proposed                                                                               market, TPHs would be required
                                                                                                            circumstances’’ when doing so would be
                                                    Rule Change Related to Unusual                                                                                 immediately to resume systematizing
                                                                                                            in ‘‘the interest of maintaining a fair and
                                                    Market Conditions and the Duty To                                                                              orders prior to representing them and
                                                                                                            orderly market.’’ 7 Once a market is
                                                    Systemize Non-Electronic Orders Prior                                                                          use best efforts to, as soon as possible
                                                                                                            declared ‘‘fast,’’ Floor Officials have the
                                                    to Representation                                                                                              and no later than the close of business,
                                                                                                            authority to take a number of actions.8
                                                                                                               In its filing, CBOE proposes several                input electronically into the Exchange’s
                                                    June 2, 2017.                                                                                                  systems all relevant order information
                                                                                                            changes to Rule 6.6. First, CBOE
                                                    I. Introduction                                         proposes to amend paragraph (a) of the                 received during the time period when
                                                                                                            rule to require that at least one of the               the order systematization requirement
                                                       On February 15, 2017, the Chicago                                                                           was suspended.14
                                                    Board Options Exchange, Incorporated                    two Floor Officials that declares a fast
                                                                                                            market must be an Exchange employee.                      In justifying its proposal, CBOE
                                                    (‘‘Exchange’’ or ‘‘CBOE’’) filed with the                                                                      highlights that the risk that customers
                                                    Securities and Exchange Commission                      Additionally, the Exchange proposes to
                                                                                                            provide a non-exhaustive list of                       and market participants may experience
                                                    (‘‘Commission’’), pursuant to Section                                                                          losses if they miss the market as a result
                                                    19(b)(1) of the Securities Exchange Act                 ‘‘unusual conditions or circumstances’’
                                                                                                            that Floor Officials may consider when                 of the time required for TPHs to
                                                    of 1934 (‘‘Exchange Act’’) 1 and Rule                                                                          systematize orders, a risk that CBOE
                                                    19b–4 thereunder,2 a proposed rule                        3 See Securities Exchange Act Release No. 80123
                                                    change to amend its rules regarding the                 (February 28, 2017), 82 FR 12667 (‘‘Notice’’).           9 See Notice, supra note 3, at 12669 (noting that,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    circumstances in which CBOE Floor                         4 15 U.S.C. 78s(b)(2).                               over a prior eight month period, the intraday price
                                                    Officials may declare a ‘‘fast’’ market                   5 See Securities Exchange Act Release No. 80481,     of the S&P 500 Index had moved more than 1% in
                                                                                                                                                                   any one hour interval during regular trading hours
                                                    and the actions those Floor Officials                   82 FR 18941 (April 24, 2017). The Commission
                                                                                                                                                                   on at least 30 days, which the Exchange categorized
                                                    may take when a fast market is declared,                designated June 4, 2017, as the date by which the
                                                                                                            Commission shall either approve or disapprove, or      as a ‘‘not . . . infrequent occurrence’’).
                                                    including the ability to suspend the                    institute proceedings to determine whether to            10 See id. at 12668–69.

                                                                                                            disapprove, the proposed rule change.                    11 See id.
                                                      15 17 CFR 200.30–3(a)(12).                              6 15 U.S.C. 78s(b)(2)(B).                              12 See proposed Rule 6.6(b).
                                                      1 15 U.S.C. 78s(b)(1).                                  7 See CBOE Rule 6.6(a).                                13 See proposed Rule 6.6.01.
                                                      2 17 CFR 240.19b–4.                                     8 See CBOE Rule 6.6(b).                                14 See id.




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Document Created: 2018-11-14 10:07:20
Document Modified: 2018-11-14 10:07:20
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 26722 

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