83_FR_31338 83 FR 31210 - 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, 2018

83 FR 31210 - 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, 2018

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 128 (July 3, 2018)

Page Range31210-31212
FR Document2018-14285

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Notices]
[Pages 31210-31212]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14285]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83538; File No. SR-NYSEArca-2018-46]


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, 
2018

June 28, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on June 15, 2018, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE Arca'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. 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\ 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 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, 2018, 
until December 31, 2018. The proposed rule change is available on the 
Exchange's website 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.

[[Page 31211]]

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

1. Purpose
    The Exchange proposes to extend the pilot period of the Retail 
Liquidity Program, currently scheduled to expire on June 30, 2018,\3\ 
until December 31, 2018.
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    \3\ See Securities Exchange Act Release No. 82289 (December 11, 
2017), 82 FR 59677 (December 15, 2017) (SR-NYSEArca-2017-137).
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Background
    In December 2013, the Commission approved the Retail Liquidity 
Program on a pilot basis.\4\ 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.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 71176 (December 23, 
2013), 78 FR 79524 (December 30, 2013) (SR-NYSEArca-2013-107) (``RLP 
Approval Order'').
---------------------------------------------------------------------------

    The Retail Liquidity Program was approved by the Commission on a 
pilot basis. Pursuant to NYSE Arca Rule 7.44-E(m), the pilot period for 
the Program is scheduled to end on December 31, 2017 [sic].
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.\5\ As 
such, the Exchange believes that it is appropriate to extend the 
current operation of the Program.\6\ Through this filing, the Exchange 
seeks to amend NYSE Arca Rule 7.44-E(m) and extend the current pilot 
period of the Program until December 31, 2018.
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    \5\ See id., 78 FR at 79529.
    \6\ 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 June 14, 2018.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act,\7\ in general, and furthers the objectives of Section 6(b)(5),\8\ 
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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    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.

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 \9\ and Rule 19b-4(f)(6) thereunder.\10\ 
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 for 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 \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposed 
rule change may become operative immediately. The Commission believes 
that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest, because waiver would 
allow the pilot period to continue uninterrupted after its current 
expiration date of June 30, 2018, thereby avoiding any potential 
investor confusion that could result from temporary interruption in the 
pilot program. For this reason, the

[[Page 31212]]

Commission hereby waives the 30-day operative delay and designates the 
proposal operative upon filing.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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 to 
determine whether the proposed rule change should be approved or 
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-2018-46 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-2018-46. 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 website (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 website 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 offices of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NYSEArca-2018-46, and should be 
submitted on or before July 24, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12), (59).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14285 Filed 7-2-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                31210                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices

                                                difference would cause participants to                   Comments may be submitted by any of                       SECURITIES AND EXCHANGE
                                                refrain from responding to Complex                       the following methods:                                    COMMISSION
                                                CUBE Auctions. The Exchange expects
                                                                                                         Electronic Comments
                                                to see robust competition within the                                                                               [Release No. 34–83538; File No. SR–
                                                Complex CUBE Auction to trade against                       • Use the Commission’s internet                        NYSEArca–2018–46]
                                                the Complex CUBE Order.                                  comment form (http://www.sec.gov/
                                                   The Exchange notes that it operates in                rules/sro.shtml); or                                      Self-Regulatory Organizations; NYSE
                                                a highly competitive market in which                        • Send an email to rule-comments@                      Arca, Inc.; Notice of Filing and
                                                market participants can readily favor                    sec.gov. Please include File Number SR–                   Immediate Effectiveness of Proposed
                                                competing venues if they deem fee                        NYSEAMER–2018–32 on the subject                           Rule Change To Extend the Pilot
                                                levels at a particular venue to be                       line.                                                     Period for the Exchange’s Retail
                                                excessive. In such an environment, the                                                                             Liquidity Program Until December 31,
                                                Exchange must continually adjust its                     Paper Comments
                                                                                                                                                                   2018
                                                fees to remain competitive with other                       • Send paper comments in triplicate
                                                exchanges and to attract order flow to                   to Secretary, Securities and Exchange                     June 28, 2018.
                                                the Exchange. The Exchange believes                      Commission, 100 F Street NE,                                 Pursuant to Section 19(b)(1) of the
                                                that the proposed rule change reflects                   Washington, DC 20549–1090.                                Securities Exchange Act of 1934
                                                this competitive environment because it
                                                                                                         All submissions should refer to File                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                establishes a fee structure in a manner
                                                                                                         Number SR–NYSEAMER–2018–32. This                          notice is hereby given that on June 15,
                                                that encourages market participants to
                                                                                                         file number should be included on the                     2018, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                direct their order flow, to provide
                                                                                                         subject line if email is used. To help the                or ‘‘NYSE Arca’’) filed with the
                                                liquidity, and to attract additional
                                                                                                         Commission process and review your                        Securities and Exchange Commission
                                                transaction volume to the Exchange.
                                                                                                         comments more efficiently, please use                     (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                C. Self-Regulatory Organization’s                        only one method. The Commission will                      rule change as described in Items I and
                                                Statement on Comments on the                             post all comments on the Commission’s                     II below, which Items have been
                                                Proposed Rule Change Received From                       internet website (http://www.sec.gov/                     prepared by the Exchange. The
                                                Members, Participants, or Others                         rules/sro.shtml). Copies of the                           Commission is publishing this notice to
                                                                                                         submission, all subsequent
                                                  No written comments were solicited                                                                               solicit comments on the proposed rule
                                                                                                         amendments, all written statements
                                                or received with respect to the proposed                                                                           change from interested persons.
                                                                                                         with respect to the proposed rule
                                                rule change.
                                                                                                         change that are filed with the                            I. Self-Regulatory Organization’s
                                                III. Date of Effectiveness of the                        Commission, and all written                               Statement of the Terms of Substance of
                                                Proposed Rule Change and Timing for                      communications relating to the                            the Proposed Rule Change
                                                Commission Action                                        proposed rule change between the
                                                                                                         Commission and any person, other than                        The Exchange proposes to extend the
                                                   The foregoing rule change is effective                those that may be withheld from the                       pilot period for the Exchange’s Retail
                                                upon filing pursuant to Section                          public in accordance with the                             Liquidity Program (the ‘‘Retail Liquidity
                                                19(b)(3)(A) 27 of the Act and                            provisions of 5 U.S.C. 552, will be                       Program’’ or the ‘‘Program’’), which is
                                                subparagraph (f)(2) of Rule 19b–4 28                     available for website viewing and                         currently scheduled to expire on June
                                                thereunder, because it establishes a due,                printing in the Commission’s Public                       30, 2018, until December 31, 2018. The
                                                fee, or other charge imposed by the                      Reference Room, 100 F Street NE,
                                                Exchange.                                                                                                          proposed rule change is available on the
                                                                                                         Washington, DC 20549 on official                          Exchange’s website at www.nyse.com, at
                                                   At any time within 60 days of the                     business days between the hours of                        the principal office of the Exchange, and
                                                filing of such proposed rule change, the                 10:00 a.m. and 3:00 p.m. Copies of the
                                                Commission summarily may                                                                                           at the Commission’s Public Reference
                                                                                                         filing also will be available for                         Room.
                                                temporarily suspend such rule change if                  inspection and copying at the principal
                                                it appears to the Commission that such                   office of the Exchange. All comments                      II. Self-Regulatory Organization’s
                                                action is necessary or appropriate in the                received will be posted without change.                   Statement of the Purpose of, and
                                                public interest, for the protection of                   Persons submitting comments are                           Statutory Basis for, the Proposed Rule
                                                investors, or otherwise in furtherance of                cautioned that we do not redact or edit                   Change
                                                the purposes of the Act. If the                          personal identifying information from
                                                Commission takes such action, the                        comment submissions. You should                             In its filing with the Commission, the
                                                Commission shall institute proceedings                   submit only information that you wish                     self-regulatory organization included
                                                under Section 19(b)(2)(B) 29 of the Act to               to make available publicly. All                           statements concerning the purpose of,
                                                determine whether the proposed rule                      submissions should refer to File                          and basis for, the proposed rule change
                                                change should be approved or                             Number SR–NYSEAMER–2018–32 and                            and discussed any comments it received
                                                disapproved.                                             should be submitted on or before July                     on the proposed rule change. The text
                                                IV. Solicitation of Comments                             24, 2018.                                                 of those statements may be examined at
                                                                                                           For the Commission, by the Division of                  the places specified in Item IV below.
                                                  Interested persons are invited to                                                                                The Exchange has prepared summaries,
                                                                                                         Trading and Markets, pursuant to delegated
sradovich on DSK3GMQ082PROD with NOTICES




                                                submit written data, views, and                          authority.30                                              set forth in sections A, B, and C below,
                                                arguments concerning the foregoing,                                                                                of the most significant parts of such
                                                                                                         Eduardo A. Aleman,
                                                including whether the proposed rule
                                                                                                         Assistant Secretary.                                      statements.
                                                change is consistent with the Act.
                                                                                                         [FR Doc. 2018–14293 Filed 7–2–18; 8:45 am]
                                                  27 15 U.S.C. 78s(b)(3)(A).                             BILLING CODE P
                                                  28 17                                                                                                              1 15   U.S.C. 78s(b)(1).
                                                        CFR 240.19b–4(f)(2).
                                                  29 15 U.S.C. 78s(b)(2)(B).                                  30 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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                                                                                 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices                                                        31211

                                                A. Self-Regulatory Organization’s                        extending the pilot is appropriate                      competition for retail order flow and
                                                Statement of the Purpose of, and                         because it will allow the Exchange and                  contribute to the public price discovery
                                                Statutory Basis for, the Proposed Rule                   the Commission additional time to                       process.
                                                Change                                                   analyze data regarding the Program that
                                                                                                                                                                 C. Self-Regulatory Organization’s
                                                                                                         the Exchange has committed to
                                                1. Purpose                                                                                                       Statement on Comments on the
                                                                                                         provide.5 As such, the Exchange
                                                   The Exchange proposes to extend the                                                                           Proposed Rule Change Received From
                                                                                                         believes that it is appropriate to extend
                                                pilot period of the Retail Liquidity                                                                             Members, Participants, or Others
                                                                                                         the current operation of the Program.6
                                                Program, currently scheduled to expire                   Through this filing, the Exchange seeks                   No written comments were solicited
                                                on June 30, 2018,3 until December 31,                    to amend NYSE Arca Rule 7.44–E(m)                       or received with respect to the proposed
                                                2018.                                                    and extend the current pilot period of                  rule change.
                                                Background                                               the Program until December 31, 2018.                    III. Date of Effectiveness of the
                                                   In December 2013, the Commission                      2. Statutory Basis                                      Proposed Rule Change and Timing for
                                                approved the Retail Liquidity Program                                                                            Commission Action
                                                                                                            The proposed rule change is
                                                on a pilot basis.4 The Program is                        consistent with Section 6(b) of the Act,7                  The Exchange has filed the proposed
                                                designed to attract retail order flow to                 in general, and furthers the objectives of              rule change pursuant to Section
                                                the Exchange, and allows such order                      Section 6(b)(5),8 in particular, in that it             19(b)(3)(A)(iii) of the Act 9 and Rule
                                                flow to receive potential price                          is designed to promote just and                         19b–4(f)(6) thereunder.10 Because the
                                                improvement. The Program is currently                    equitable principles of trade, to remove                proposed rule change does not: (i)
                                                limited to trades occurring at prices                    impediments to and perfect the                          Significantly affect the protection of
                                                equal to or greater than $1.00 per share.                mechanism of a free and open market                     investors or the public interest; (ii)
                                                Under the Program, Retail Liquidity                      and a national market system, and, in                   impose any significant burden on
                                                Providers (‘‘RLPs’’) are able to provide                 general, to protect investors and the                   competition; and (iii) become operative
                                                potential price improvement in the form                  public interest.                                        for 30 days from the date on which it
                                                of a non-displayed order that is priced                     The Exchange believes that extending                 was filed, or such shorter time as the
                                                better than the Exchange’s best                          the pilot period for the Retail Liquidity               Commission may designate, if
                                                protected bid or offer (‘‘PBBO’’), called                Program is consistent with these                        consistent with the protection of
                                                a Retail Price Improvement Order                         principles because the Program is                       investors and the public interest, the
                                                (‘‘RPI’’). When there is an RPI in a                     reasonably designed to attract retail                   proposed rule change has become
                                                particular security, the Exchange                        order flow to the exchange environment,                 effective pursuant to Section 19(b)(3)(A)
                                                disseminates an indicator, known as the                  while helping to ensure that retail                     of the Act 11 and Rule 19b–4(f)(6)
                                                Retail Liquidity Identifier, indicating                  investors benefit from the better price                 thereunder.12
                                                that such interest exists. Retail Member                 that liquidity providers are willing to                    A proposed rule change filed under
                                                Organizations (‘‘RMOs’’) can submit a                    give their orders. Additionally, as                     Rule 19b–4(f)(6) 13 normally does not
                                                Retail Order to the Exchange, which                      previously stated, the competition                      become operative prior to 30 days after
                                                would interact, to the extent possible,                  promoted by the Program may facilitate                  the date of the filing. However, pursuant
                                                with available contra-side RPIs.                         the price discovery process and                         to Rule 19b–4(f)(6)(iii),14 the
                                                   The Retail Liquidity Program was                      potentially generate additional investor                Commission may designate a shorter
                                                approved by the Commission on a pilot                    interest in trading securities. The                     time if such action is consistent with the
                                                basis. Pursuant to NYSE Arca Rule                        extension of the pilot period will allow                protection of investors and the public
                                                7.44–E(m), the pilot period for the                      the Commission and the Exchange to                      interest. The Exchange has asked the
                                                Program is scheduled to end on                           continue to monitor the Program for its                 Commission to waive the 30-day
                                                December 31, 2017 [sic].                                 potential effects on public price                       operative delay so that the proposed
                                                                                                         discovery, and on the broader market                    rule change may become operative
                                                Proposal To Extend the Operation of the                  structure.                                              immediately. The Commission believes
                                                Program                                                                                                          that waiving the 30-day operative delay
                                                                                                         B. Self-Regulatory Organization’s
                                                   The Exchange established the Retail                                                                           is consistent with the protection of
                                                                                                         Statement on Burden on Competition
                                                Liquidity Program in an attempt to                                                                               investors and the public interest,
                                                attract retail order flow to the Exchange                  The Exchange does not believe that                    because waiver would allow the pilot
                                                by potentially providing price                           the proposed rule change will impose                    period to continue uninterrupted after
                                                improvement to such order flow. The                      any burden on competition that is not                   its current expiration date of June 30,
                                                Exchange believes that the Program                       necessary or appropriate in furtherance                 2018, thereby avoiding any potential
                                                promotes competition for retail order                    of the purposes of the Act. The                         investor confusion that could result
                                                flow by allowing Exchange members to                     proposed rule change simply extends an                  from temporary interruption in the pilot
                                                submit RPIs to interact with Retail                      established pilot program for an                        program. For this reason, the
                                                Orders. Such competition has the ability                 additional six months, thus allowing the
                                                to promote efficiency by facilitating the                Retail Liquidity Program to enhance                       9 15  U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                   10 17  CFR 240.19b–4(f)(6).
                                                price discovery process and generating
                                                                                                              5 See
                                                                                                                  id., 78 FR at 79529.                              11 15 U.S.C. 78s(b)(3)(A).
                                                additional investor interest in trading
                                                                                                              6 Concurrentlywith this filing, the Exchange has      12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                securities, thereby promoting capital                    submitted a request for an extension of the             4(f)(6)(iii) requires the Exchange to give the
sradovich on DSK3GMQ082PROD with NOTICES




                                                formation. The Exchange believes that                    exemption under Regulation NMS Rule 612                 Commission written notice of the Exchange’s intent
                                                                                                         previously granted by the Commission that permits       to file the proposed rule change, along with a brief
                                                  3 See Securities Exchange Act Release No. 82289        it to accept and rank the undisplayed RPIs. See         description and text of the proposed rule change,
                                                (December 11, 2017), 82 FR 59677 (December 15,           Letter from Martha Redding, Asst. Corporate             at least five business days prior to the date of filing
                                                2017) (SR–NYSEArca–2017–137).                            Secretary, NYSE Group, Inc. to Brent J. Fields,         of the proposed rule change, or such shorter time
                                                  4 See Securities Exchange Act Release No. 71176        Secretary, Securities and Exchange Commission,          as designated by the Commission. The Exchange
                                                (December 23, 2013), 78 FR 79524 (December 30,           dated June 14, 2018.                                    has satisfied this requirement.
                                                                                                            7 15 U.S.C. 78f(b).                                     13 17 CFR 240.19b–4(f)(6).
                                                2013) (SR–NYSEArca–2013–107) (‘‘RLP Approval
                                                Order’’).                                                   8 15 U.S.C. 78f(b)(5).                                  14 17 CFR 240.19b–4(f)(6)(iii).




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                                                31212                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices

                                                Commission hereby waives the 30-day                      Washington, DC 20549 on official                          The Exchange now seeks to extend
                                                operative delay and designates the                       business days between the hours of                      the exemption until December 31,
                                                proposal operative upon filing.15                        10:00 a.m. and 3:00 p.m. Copies of the                  2018.5 The Exchange’s request was
                                                   At any time within 60 days of the                     filing also will be available for                       made in conjunction with an
                                                filing of the proposed rule change, the                  inspection and copying at the principal                 immediately effective filing that extends
                                                Commission summarily may                                 offices of the Exchange. All comments
                                                temporarily suspend such rule change if                  received will be posted without change.                 Secretary, NYSE Euronext, to Elizabeth M. Murphy,
                                                it appears to the Commission that such                   Persons submitting comments are                         Secretary, Commission, dated July 30, 2013. The
                                                                                                                                                                 pilot period for the Program was extended until July
                                                action is necessary or appropriate in the                cautioned that we do not redact or edit                 31, 2014. See Securities Exchange Act Release No.
                                                public interest, for the protection of                   personal identifying information from                   70096 (August 2, 2013), 78 FR 48520 (August 8,
                                                investors, or otherwise in furtherance of                comment submissions. You should                         2013) (SR–NYSE–2013–48). On July 30, 2014, the
                                                                                                         submit only information that you wish                   Exchange requested another extension of the
                                                the purposes of the Act. If the                                                                                  exemption for the Program. See Letter from Martha
                                                Commission takes such action, the                        to make available publicly. All                         Redding, Chief Counsel, NYSE, to Kevin M O’Neill,
                                                Commission shall institute proceedings                   submissions should refer to File                        Deputy Secretary, Commission, dated July 30, 2014.
                                                to determine whether the proposed rule                   Number SR–NYSEArca–2018–46, and                         The pilot period for the Program was extended until
                                                                                                         should be submitted on or before July                   March 31, 2015. See Securities Exchange Act
                                                change should be approved or                                                                                     Release No. 72629 (July 16, 2014), 79 FR 42564
                                                disapproved.                                             24, 2018.                                               (July 22, 2014) (SR–NYSE–2014–35). On February
                                                                                                           For the Commission, by the Division of                27, 2015, the Exchange requested another extension
                                                IV. Solicitation of Comments                                                                                     of the exemption for the Program. See Letter from
                                                                                                         Trading and Markets, pursuant to delegated
                                                                                                                                                                 Martha Redding, Senior Counsel, NYSE, to Brent J.
                                                  Interested persons are invited to                      authority.16
                                                                                                                                                                 Fields, Secretary, Commission, dated February 27,
                                                submit written data, views, and                          Eduardo A. Aleman,                                      2015. The pilot period for the Program was
                                                arguments concerning the foregoing,                      Assistant Secretary.                                    extended until September 30, 2015. See Securities
                                                including whether the proposed rule                                                                              Exchange Act Release No. 74454 (March 6, 2015),
                                                                                                         [FR Doc. 2018–14285 Filed 7–2–18; 8:45 am]
                                                                                                                                                                 80 FR 13054 (March 12, 2015) (SR–NYSE–2015–10).
                                                change is consistent with the Act.                       BILLING CODE 8011–01–P                                  On September 17, 2015, the Exchange requested
                                                Comments may be submitted by any of                                                                              another extension of the exemption for the Program.
                                                the following methods:                                                                                           See Letter from Martha Redding, Senior Counsel,
                                                                                                                                                                 NYSE, to Brent J. Fields, Secretary, Commission,
                                                Electronic Comments                                      SECURITIES AND EXCHANGE                                 dated September 17, 2015. The pilot period for the
                                                                                                         COMMISSION                                              Program was extended until March 31, 2016. See
                                                  • Use the Commission’s internet                                                                                Securities Exchange Act Release No. 75993
                                                comment form (http://www.sec.gov/                        [Release No. 34–83541; File No. SR–NYSE–                (September 28, 2015), 80 FR 59844 (October 2,
                                                                                                         2011–55]                                                2015) (SR–NYSE2015–41). On March 17, 2016, the
                                                rules/sro.shtml); or
                                                                                                                                                                 Exchange requested another extension of the
                                                  • Send an email to rule-comments@                      Self-Regulatory Organizations; New                      exemption for the Program. See Letter from Martha
                                                sec.gov. Please include File Number SR–                  York Stock Exchange LLC; Order                          Redding, Senior Counsel, NYSE, to Brent J. Fields,
                                                NYSEArca–2018–46 on the subject line.                    Granting an Extension to Limited                        Secretary, Commission, dated March 17, 2016. The
                                                                                                                                                                 pilot period for the Program was extended until
                                                Paper Comments                                           Exemptions From Rule 612(c) of                          August 31, 2016. See Securities Exchange Act
                                                                                                         Regulation NMS in Connection With                       Release No. 77426 (March 23, 2016), 81 FR 17533
                                                   • Send paper comments in triplicate                   the Exchange’s Retail Liquidity                         (March 29, 2016) (SR–NYSE–2016–25). On August
                                                to Secretary, Securities and Exchange                    Program Until December 31, 2018                         8, 2016, the Exchange requested another extension
                                                Commission, 100 F Street NE,                                                                                     of the exemption for the Program. See Letter from
                                                                                                                                                                 Martha Redding, Associate General Counsel, NYSE,
                                                Washington, DC 20549–1090.                               June 28, 2018.
                                                                                                                                                                 to Brent J. Fields, Secretary, Commission, dated
                                                All submissions should refer to File                        On July 3, 2012, the Securities and                  August 8, 2016. The pilot period for the Program
                                                Number SR–NYSEArca–2018–46. This                         Exchange Commission (‘‘Commission’’)                    was extended until December 31, 2016. See
                                                                                                         issued an order pursuant to its authority               Securities Exchange Act Release No. 78600 (August
                                                file number should be included on the                                                                            17, 2016), 81 FR 57642 (August 23, 2016) (SR–
                                                subject line if email is used. To help the               under Rule 612(c) of Regulation NMS                     NYSE–2016–54). On November 28, 2016, the
                                                Commission process and review your                       (‘‘Sub-Penny Rule’’) 1 that granted the                 Exchange requested another extension of the
                                                comments more efficiently, please use                    New York Stock Exchange LLC                             exemption for the Program. See Letter from Martha
                                                                                                         (‘‘NYSE’’) a limited exemption from the                 Redding, Associate General Counsel, NYSE, to
                                                only one method. The Commission will                                                                             Brent J. Fields, Secretary, Commission, dated
                                                post all comments on the Commission’s                    Sub-Penny Rule in connection with the                   November 28, 2016. The pilot period for the
                                                internet website (http://www.sec.gov/                    operation of the Exchange’s Retail                      Program was extended until June 30, 2017. See
                                                rules/sro.shtml). Copies of the                          Liquidity Program (the ‘‘Program’’).2                   Securities Exchange Act Release No.79493
                                                                                                         The limited exemption was granted                       (December 7, 2016), 81 FR 90019 (December 13,
                                                submission, all subsequent                                                                                       2016) (SR–NYSE–2016–82). On May 23, 2017, the
                                                amendments, all written statements                       concurrently with the Commission’s                      Exchange requested another extension of the
                                                with respect to the proposed rule                        approval of the Exchange’s proposal to                  exemption for the Program. See Letter from Martha
                                                change that are filed with the                           adopt its Program for a one-year pilot                  Redding, Associate General Counsel, NYSE, to
                                                                                                         term.3 The exemption was granted                        Brent J. Fields, Secretary, Commission, dated May
                                                Commission, and all written                                                                                      23, 2017. The pilot period for the Program was
                                                communications relating to the                           coterminous with the effectiveness of                   extended until December 31, 2017. See Securities
                                                proposed rule change between the                         the pilot Program; both the pilot                       Exchange Act Release No. 80844 (June 1, 2017), 82
                                                Commission and any person, other than                    Program and exemption are scheduled                     FR 26562 (June 7, 2017) (SR–NYSE–2017–26). On
                                                                                                         to expire on June 30, 2018.4                            November 30, 2017, the Exchange requested
                                                those that may be withheld from the                                                                              another extension of the exemption for the Program.
                                                public in accordance with the                                                                                    See Letter from Martha Redding, Assistant
                                                                                                              16 17
                                                                                                                  CFR 200.30–3(a)(12), (59).
                                                provisions of 5 U.S.C. 552, will be                                                                              Secretary, NYSE, to Brent J. Fields, Secretary,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                              1 17
                                                                                                                 CFR 242.612(c).
                                                available for website viewing and                                                                                Commission, dated November 30, 2017. The pilot
                                                                                                            2 See Securities Exchange Act Release No. 67347
                                                                                                                                                                 period for the Program was extended until June 30,
                                                printing in the Commission’s Public                      (July 3, 2012), 77 FR 40673 (July 10, 2012) (SR–        2018. See Securities Exchange Act Release No.
                                                Reference Room, 100 F Street NE,                         NYSE–2011–55; SR–NYSEAmex–2011–84)                      82230 (December 7, 2017), 82 FR 58667 (December
                                                                                                         (‘‘Order’’).                                            13, 2017) (SR–NYSE–2017–64).
                                                  15 For purposes only of waiving the 30-day                3 See id.                                               5 See Letter from Martha Redding, Associate

                                                operative delay, the Commission has considered the          4 On July 30, 2013, the Exchange requested an        General Counsel and Assistant Secretary, NYSE to
                                                proposed rule’s impact on efficiency, competition,       extension of the exemption for the Program. See         Brent J. Fields, Secretary, Commission, dated June
                                                and capital formation. See 15 U.S.C. 78c(f).             Letter from Janet McGinness, SVP and Corporate          14, 2018.



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Document Created: 2018-07-02 23:55:47
Document Modified: 2018-07-02 23:55:47
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 Citation83 FR 31210 

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