83_FR_58852 83 FR 58628 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete Exchange Rules That Reference Pillar Phase I Protocols

83 FR 58628 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete Exchange Rules That Reference Pillar Phase I Protocols

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 224 (November 20, 2018)

Page Range58628-58630
FR Document2018-25238

Federal Register, Volume 83 Issue 224 (Tuesday, November 20, 2018)
[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58628-58630]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25238]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84586; File No. SR-NYSEArca-2018-79]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Delete Exchange 
Rules That Reference Pillar Phase I Protocols

November 14, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given 
that, on November 5, 2018, NYSE Arca, Inc. (``Exchange'' or ``NYSE 
Arca'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to delete Exchange rules that reference 
Pillar phase I protocols now that Pillar phase I protocols are no 
longer available for ETP Holders to communicate with the NYSE Arca 
Marketplace. 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 58629]]

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

1. Purpose
    The purpose of this proposed rule change is to delete obsolete 
rules from the Exchange's rulebook.
    As a general matter, ETP Holders enter orders and order 
instructions by using communication protocols that map to the order 
types and modifiers described in Exchange rules. Prior to the 
implementation of Pillar, ETP Holders communicated with the NYSE Arca 
Marketplace using Pillar phase I protocols. When the Exchange 
introduced trading on its Pillar trading platform, the Exchange also 
introduced new technology to support how ETP Holders communicate with 
the NYSE Arca Marketplace, referred to in the Exchange's rules as 
Pillar phase II protocols. During the Pillar implementation, there was 
a period of time when both Pillar phase I protocols and Pillar phase II 
protocols were available to ETP Holders. Effective October 1, 2018, 
Pillar phase I protocols are no longer available to ETP Holders. All 
ETP Holders now use Pillar phase II protocols to communicate with the 
NYSE Arca Marketplace. As a result, there is no longer a need to 
provide a distinction between Pillar phase I protocols and Pillar phase 
II protocols in the Exchange's rules.
    Now that Pillar phase I protocols are no longer available, the 
Exchange proposes to delete references to Pillar phase I protocols from 
the Exchange's rulebook. Specifically, the Exchange proposes to delete 
the preamble to Rule 7.11-E (Limit Up-Limit Down Plan and Trading 
Pauses in Individual Securities Due to Extraordinary Market 
Volatility), which states: ``Rules 7.11-E(a)(5) and (a)(6) govern order 
processing when ETP Holders communicate with the NYSE Arca Marketplace 
using Pillar phase I protocols. Rule 7.11-E(a)(5P) governs order 
processing when ETP Holders communicate with the NYSE Arca Marketplace 
using Pillar phase II protocols. The Exchange will file a separate 
proposed rule change to delete Rules 7.11-E(a)(5) and (a)(6) when the 
Pillar phase I protocols are no longer available.''
    The Exchange also proposes to delete Rules 7.11-E(a)(5) and (a)(6) 
from the rulebook since Pillar phase I protocols are no longer 
available on the Exchange. The preamble also states that Rule 7.11-
E(a)(5P) would govern order processing when ETP Holders communicate 
with the NYSE Arca Marketplace using Pillar phase II protocols. Now 
that ETP Holders communicate with the NYSE Arca Marketplace using 
Pillar phase II protocols, for purposes of Rule 7.11-E, order 
processing would be governed by Rule 7.11-E(a)(5P). With the proposed 
deletion of current text in Rules 7.11-E(a)(5) and (a)(6), the Exchange 
proposes to renumber current Rule 7.11-E(a)(5P) as 7.11-E(a)(5) and 
renumber current Rule 7.11-E(a)(7)-(9) as Rule 7.11-E(a)(6)-(8) with no 
changes to the rule text.
    Additionally, the Exchange proposes to amend Rule 7.31-E (Orders 
and Modifiers). Specifically, Rule 7.31-E(c)(5) currently provides that 
an Imbalance Offset Order (``IO Order'') is a Limit Order to buy (sell) 
that is to be traded only in a Trading Halt Auction. The rule further 
provides that IO Orders are available only to ETP Holders using Pillar 
phase II protocols. Now that all ETP Holders use Pillar phase II 
protocols, the Exchange proposes to delete the second sentence of Rule 
7.31-E(c)(5), which the Exchange believes is superfluous and no longer 
necessary.
    Further, the Exchange proposes to amend Rule 7.31-E(i)(2) which 
provides how the Self Trade Prevention (``STP'') functionality operates 
on the Exchange. Current Rule 7.31-E(i)(2) provides that any incoming 
order designated with an STP modifier is prevented from executing 
against a resting opposite side order also designated with an STP 
modifier and from the same ETP ID. The STP modifier on the incoming 
order controls the interaction between two orders marked with STP 
modifiers. Orders marked with an STP modifier are not prevented from 
interacting during any auction.
    As part of the Pillar implementation, the Exchange amended Rule 
7.31-E(i)(2)(E) to provide that for purposes of STP, references to ETP 
ID mean an ETP ID when using Pillar phase I protocols to communicate 
with the NYSE Arca Marketplace or an MPID when using Pillar phase II 
protocols to communicate with the NYSE Marketplace. Now that all ETP 
Holders use Pillar phase II protocols, the Exchange proposes to delete 
Rule 7.31-E(i)(2)(E) as the distinction provided in the rule is no 
longer necessary. The Exchange also proposes to replace all references 
to ETP ID in Rule 7.31-E(i)(2)(A)-(D) with MPID to reflect that with 
Pillar phase II protocols in place now, the Exchange would use MPID 
instead of ETP ID to identify ETP Holders for purposes of STP.
    Finally, the Exchange proposes to amend Rule 7.34-E (Trading 
Sessions). Specifically, Rule 7.34-E(b)(1) provides that any order 
entered into the NYSE Arca Marketplace must include a designation for 
which trading session(s) the order would remain in effect. The rule 
further provides that for ETP Holders that communicate with the NYSE 
Arca Marketplace using Pillar phase II protocols, orders entered 
without a trading session designation would be rejected. The Exchange 
proposes to delete reference to ETP Holders communicating with the NYSE 
Arca Marketplace using Pillar phase II protocols from the current rule 
because such reference is not necessary since all ETP Holders now 
communicate with the NYSE Arca Marketplace using Pillar phase II 
protocols. Additionally, since ETP Holders no longer communicate with 
the NYSE Arca Marketplace using Pillar phase I protocols, the Exchange 
proposes to delete Rules 7.34-E(b)(2) and (b)(3) in their entirety 
because it is no longer necessary for Exchange rules to distinguish 
between Pillar phase I protocols and Pillar phase II protocols for 
purposes of designating the trading session(s) for which orders would 
remain in effect on the Exchange.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\4\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\5\ in particular, because it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to, and 
perfect the mechanisms of, a free and open market and a national market 
system and, in general, to protect investors and the public interest 
and because it is not designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that amending its rules to 
remove references to Pillar phase I protocols would promote the 
protection of investors and the public interest because it would 
promote clarity and transparency in Exchange rules governing what rules 
govern trading on the Exchange because Pillar phase I protocols are no 
longer available for ETP Holders to communicate with the NYSE Arca 
Marketplace. The Exchange further believes that deleting references to 
Pillar phase I protocols from the Exchange's rules would remove 
impediments to and perfect the mechanism of a national

[[Page 58630]]

market system because these proposed changes would add greater clarity 
to the Exchange's rules and promote market transparency and efficiency 
because Pillar phase I protocols, which for a period of time were 
available to ETP Holders to communicate with the NYSE Arca Marketplace, 
are no longer available.
    The Exchange believes that the proposed rule change to replace 
references to ETP ID with MPID for STP purposes would remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system because the proposed change would eliminate 
confusion with respect to how the Exchange identifies the identity of 
an ETP Holder for purposes of the Exchange's STP functionality. The 
Exchange further believes that this non-substantive amendment to the 
current rule is intended to provide clarity and eliminate confusion 
among market participants, which is in the interests of all investors 
and the general public.

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 is 
not designed to address competitive issues but rather is designed to 
ensure a fair and orderly market by removing trading rules that are no 
longer operative. As such, the proposed rule changes are intended to 
promote greater efficiency and transparency concerning trading on the 
Exchange.

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 foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) \7\ thereunder because 
the proposal does not: (i) Significantly affect the protection of 
investors or the public interest; (ii) impose any significant burden on 
competition; and (iii) by its terms, 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may 
not become operative prior to 30 days after the date of filing. 
However, Rule 19b-4(f)(6)(iii) \8\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest. The Exchange has requested that the 
Commission waive the 30-day operative delay period. The Commission 
believes that waiver of the 30-day operative delay period is consistent 
with the protection of investors and the public interest. Specifically, 
the Commission believes that the proposal would delete obsolete rules 
from the Exchange's rulebook and thus should provide clarity and 
eliminate confusion. For these reasons, the Commission believes that 
waiving the 30-day operative delay is consistent with the protection of 
investors and the public interest, and designates the proposed rule 
change to be operative upon filing with the Commission.\9\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6)(iii).
    \9\ For purposes only of waiving the operative delay for this 
proposal, 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.\10\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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 rule-comments@sec.gov. Please include 
File Number SR-NYSEArca-2018-79 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-2018-79. 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 office 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-2018-79 and should be submitted 
on or before December 11, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25238 Filed 11-19-18; 8:45 am]
 BILLING CODE 8011-01-P



     58628                        Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

     become effective pursuant to Section                      Electronic Comments                                    SECURITIES AND EXCHANGE
     19(b)(3)(A) of the Act 9 and Rule 19b–                                                                           COMMISSION
     4(f)(6) thereunder.10                                       • Use the Commission’s internet
                                                               comment form (http://www.sec.gov/
        A proposed rule change filed under                     rules/sro.shtml); or                                   [Release No. 34–84586; File No. SR–
     Rule 19b–4(f)(6) 11 normally does not                                                                            NYSEArca–2018–79]
     become operative prior to 30 days after                     • Send an email to rule-comments@
     the date of the filing. However, pursuant                 sec.gov. Please include File Number SR–                Self-Regulatory Organizations; NYSE
     to Rule 19b–4(f)(6)(iii),12 the                           ISE–2018–93 on the subject line.                       Arca, Inc.; Notice of Filing and
     Commission may designate a shorter                                                                               Immediate Effectiveness of Proposed
                                                               Paper Comments
     time if such action is consistent with the                                                                       Rule Change To Delete Exchange
     protection of investors and the public                      • Send paper comments in triplicate                  Rules That Reference Pillar Phase I
     interest. The Exchange has asked the                      to Secretary, Securities and Exchange                  Protocols
     Commission to waive the 30-day                            Commission, 100 F Street NE,
                                                                                                                      November 14, 2018.
     operative delay so that the proposal may                  Washington, DC 20549–1090.
     become operative on November 16,                                                                                    Pursuant to Section 19(b)(1) 1 of the
                                                               All submissions should refer to File                   Securities Exchange Act of 1934
     2018, to coincide with the effective date                 Number SR–ISE–2018–93. This file
     of Phlx’s proposed rule change on                                                                                (‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                               number should be included on the                       notice is hereby given that, on
     which the proposal is partially based.13
                                                               subject line if email is used. To help the             November 5, 2018, NYSE Arca, Inc.
     The Exchange’s proposal would clarify
                                                               Commission process and review your                     (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
     ambiguous rule text and would conform
                                                               comments more efficiently, please use                  with the Securities and Exchange
     the Exchange’s rules relating to
                                                               only one method. The Commission will                   Commission (‘‘Commission’’) the
     permitted number of SPY ETF LEAPS
                                                               post all comments on the Commission’s                  proposed rule change as described in
     expirations to those of Phlx.
                                                               internet website (http://www.sec.gov/                  Items I and II below, which Items have
     Accordingly, the Commission believes
                                                               rules/sro.shtml). Copies of the                        been prepared by the self-regulatory
     that the proposal raises no new or novel
     regulatory issues and waiver of the 30-                   submission, all subsequent                             organization. The Commission is
     day operative delay is consistent with                    amendments, all written statements                     publishing this notice to solicit
     the protection of investors and the                       with respect to the proposed rule                      comments on the proposed rule change
     public interest. The Commission                           change that are filed with the                         from interested persons.
     therefore waives the 30-day operative                     Commission, and all written
     delay and designates the proposal                         communications relating to the                         I. Self-Regulatory Organization’s
     operative on November 16, 2018.14                         proposed rule change between the                       Statement of the Terms of Substance of
                                                               Commission and any person, other than                  the Proposed Rule Change
        At any time within 60 days of the                      those that may be withheld from the
     filing of the proposed rule change, the                                                                             The Exchange proposes to delete
                                                               public in accordance with the
     Commission summarily may                                                                                         Exchange rules that reference Pillar
                                                               provisions of 5 U.S.C. 552, will be
     temporarily suspend such rule change if                                                                          phase I protocols now that Pillar phase
                                                               available for website viewing and
     it appears to the Commission that such                                                                           I protocols are no longer available for
                                                               printing in the Commission’s Public
     action is necessary or appropriate in the                                                                        ETP Holders to communicate with the
                                                               Reference Room, 100 F Street NE,
     public interest, for the protection of                                                                           NYSE Arca Marketplace. The proposed
                                                               Washington, DC 20549, on official
     investors, or otherwise in furtherance of                                                                        rule change is available on the
     the purposes of the Act.                                  business days between the hours of
                                                               10:00 a.m. and 3:00 p.m. Copies of the                 Exchange’s website at www.nyse.com, at
     IV. Solicitation of Comments                              filing also will be available for                      the principal office of the Exchange, and
                                                               inspection and copying at the principal                at the Commission’s Public Reference
       Interested persons are invited to                       office of the Exchange. All comments                   Room.
     submit written data, views, and                           received will be posted without change.                II. Self-Regulatory Organization’s
     arguments concerning the foregoing,
                                                               Persons submitting comments are                        Statement of the Purpose of, and
     including whether the proposed rule
                                                               cautioned that we do not redact or edit                Statutory Basis for, the Proposed Rule
     change is consistent with the Act.
                                                               personal identifying information from                  Change
     Comments may be submitted by any of
                                                               comment submissions. You should
     the following methods:                                                                                             In its filing with the Commission, the
                                                               submit only information that you wish
                                                               to make available publicly. All                        self-regulatory organization included
       9 15  U.S.C. 78s(b)(3)(A).
       10 17                                                   submissions should refer to File                       statements concerning the purpose of,
              CFR 240.19b–4. In addition, Rule 19b–
     4(f)(6)(iii) requires a self-regulatory organization to   Number SR–ISE–2018–93 and should be                    and basis for, the proposed rule change
     give the Commission written notice of its intent to       submitted on or before December 11,                    and discussed any comments it received
     file the proposed rule change, along with a brief
                                                               2018.                                                  on the proposed rule change. The text
     description and text of the proposed rule change,
     at least five business days prior to the date of filing
                                                                                                                      of those statements may be examined at
                                                                 For the Commission, by the Division of
     of the proposed rule change, or such shorter time                                                                the places specified in Item IV below.
                                                               Trading and Markets, pursuant to delegated
     as designated by the Commission. The Exchange                                                                    The Exchange has prepared summaries,
     has satisfied this requirement.                           authority.15
                                                                                                                      set forth in sections A, B, and C below,
        11 17 CFR 240.19b–4(f)(6).                             Eduardo A. Aleman,
        12 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                      of the most significant parts of such
                                                               Assistant Secretary.                                   statements.
        13 See supra note 5.
        14 For purposes only of waiving the 30-day
                                                               [FR Doc. 2018–25239 Filed 11–19–18; 8:45 am]
     operative delay, the Commission has also                  BILLING CODE 8011–01–P
                                                                                                                        1 15 U.S.C. 78s(b)(1).
     considered the proposed rule’s impact on
                                                                                                                        2 15 U.S.C. 78a.
     efficiency, competition, and capital formation. See
     15 U.S.C. 78c(f).                                           15 17   CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4.




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                                Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                            58629

     A. Self-Regulatory Organization’s                       Holders communicate with the NYSE                     designation for which trading session(s)
     Statement of the Purpose of, and the                    Arca Marketplace using Pillar phase II                the order would remain in effect. The
     Statutory Basis for, the Proposed Rule                  protocols, for purposes of Rule 7.11–E,               rule further provides that for ETP
     Change                                                  order processing would be governed by                 Holders that communicate with the
                                                             Rule 7.11–E(a)(5P). With the proposed                 NYSE Arca Marketplace using Pillar
     1. Purpose
                                                             deletion of current text in Rules 7.11–               phase II protocols, orders entered
        The purpose of this proposed rule                    E(a)(5) and (a)(6), the Exchange                      without a trading session designation
     change is to delete obsolete rules from                 proposes to renumber current Rule                     would be rejected. The Exchange
     the Exchange’s rulebook.                                7.11–E(a)(5P) as 7.11–E(a)(5) and                     proposes to delete reference to ETP
        As a general matter, ETP Holders                     renumber current Rule 7.11–E(a)(7)–(9)                Holders communicating with the NYSE
     enter orders and order instructions by                  as Rule 7.11–E(a)(6)–(8) with no changes              Arca Marketplace using Pillar phase II
     using communication protocols that                      to the rule text.                                     protocols from the current rule because
     map to the order types and modifiers                       Additionally, the Exchange proposes                such reference is not necessary since all
     described in Exchange rules. Prior to the               to amend Rule 7.31–E (Orders and                      ETP Holders now communicate with the
     implementation of Pillar, ETP Holders                   Modifiers). Specifically, Rule 7.31–                  NYSE Arca Marketplace using Pillar
     communicated with the NYSE Arca                         E(c)(5) currently provides that an                    phase II protocols. Additionally, since
     Marketplace using Pillar phase I                        Imbalance Offset Order (‘‘IO Order’’) is              ETP Holders no longer communicate
     protocols. When the Exchange                            a Limit Order to buy (sell) that is to be             with the NYSE Arca Marketplace using
     introduced trading on its Pillar trading                traded only in a Trading Halt Auction.                Pillar phase I protocols, the Exchange
     platform, the Exchange also introduced                  The rule further provides that IO Orders              proposes to delete Rules 7.34–E(b)(2)
     new technology to support how ETP                       are available only to ETP Holders using               and (b)(3) in their entirety because it is
     Holders communicate with the NYSE                       Pillar phase II protocols. Now that all               no longer necessary for Exchange rules
     Arca Marketplace, referred to in the                    ETP Holders use Pillar phase II                       to distinguish between Pillar phase I
     Exchange’s rules as Pillar phase II                     protocols, the Exchange proposes to                   protocols and Pillar phase II protocols
     protocols. During the Pillar                            delete the second sentence of Rule 7.31–              for purposes of designating the trading
     implementation, there was a period of                   E(c)(5), which the Exchange believes is               session(s) for which orders would
     time when both Pillar phase I protocols                 superfluous and no longer necessary.                  remain in effect on the Exchange.
     and Pillar phase II protocols were                         Further, the Exchange proposes to
     available to ETP Holders. Effective                     amend Rule 7.31–E(i)(2) which provides                2. Statutory Basis
     October 1, 2018, Pillar phase I protocols               how the Self Trade Prevention (‘‘STP’’)                  The Exchange believes that the
     are no longer available to ETP Holders.                 functionality operates on the Exchange.               proposed rule change is consistent with
     All ETP Holders now use Pillar phase II                 Current Rule 7.31–E(i)(2) provides that               Section 6(b) of the Act,4 in general, and
     protocols to communicate with the                       any incoming order designated with an                 furthers the objectives of Section 6(b)(5)
     NYSE Arca Marketplace. As a result,                     STP modifier is prevented from                        of the Act,5 in particular, because it is
     there is no longer a need to provide a                  executing against a resting opposite side             designed to prevent fraudulent and
     distinction between Pillar phase I                      order also designated with an STP                     manipulative acts and practices, to
     protocols and Pillar phase II protocols                 modifier and from the same ETP ID. The                promote just and equitable principles of
     in the Exchange’s rules.                                STP modifier on the incoming order                    trade, to foster cooperation and
        Now that Pillar phase I protocols are                controls the interaction between two                  coordination with persons engaged in
     no longer available, the Exchange                       orders marked with STP modifiers.                     regulating, clearing, settling, processing
     proposes to delete references to Pillar                 Orders marked with an STP modifier are                information with respect to, and
     phase I protocols from the Exchange’s                   not prevented from interacting during                 facilitating transactions in securities, to
     rulebook. Specifically, the Exchange                    any auction.                                          remove impediments to, and perfect the
     proposes to delete the preamble to Rule                    As part of the Pillar implementation,              mechanisms of, a free and open market
     7.11–E (Limit Up-Limit Down Plan and                    the Exchange amended Rule 7.31–                       and a national market system and, in
     Trading Pauses in Individual Securities                 E(i)(2)(E) to provide that for purposes of            general, to protect investors and the
     Due to Extraordinary Market Volatility),                STP, references to ETP ID mean an ETP                 public interest and because it is not
     which states: ‘‘Rules 7.11–E(a)(5) and                  ID when using Pillar phase I protocols                designed to permit unfair
     (a)(6) govern order processing when ETP                 to communicate with the NYSE Arca                     discrimination between customers,
     Holders communicate with the NYSE                       Marketplace or an MPID when using                     issuers, brokers, or dealers.
     Arca Marketplace using Pillar phase I                   Pillar phase II protocols to communicate                 In particular, the Exchange believes
     protocols. Rule 7.11–E(a)(5P) governs                   with the NYSE Marketplace. Now that                   that amending its rules to remove
     order processing when ETP Holders                       all ETP Holders use Pillar phase II                   references to Pillar phase I protocols
     communicate with the NYSE Arca                          protocols, the Exchange proposes to                   would promote the protection of
     Marketplace using Pillar phase II                       delete Rule 7.31–E(i)(2)(E) as the                    investors and the public interest
     protocols. The Exchange will file a                     distinction provided in the rule is no                because it would promote clarity and
     separate proposed rule change to delete                 longer necessary. The Exchange also                   transparency in Exchange rules
     Rules 7.11–E(a)(5) and (a)(6) when the                  proposes to replace all references to ETP             governing what rules govern trading on
     Pillar phase I protocols are no longer                  ID in Rule 7.31–E(i)(2)(A)–(D) with                   the Exchange because Pillar phase I
     available.’’                                            MPID to reflect that with Pillar phase II             protocols are no longer available for ETP
        The Exchange also proposes to delete                 protocols in place now, the Exchange                  Holders to communicate with the NYSE
     Rules 7.11–E(a)(5) and (a)(6) from the                  would use MPID instead of ETP ID to                   Arca Marketplace. The Exchange further
     rulebook since Pillar phase I protocols                 identify ETP Holders for purposes of                  believes that deleting references to Pillar
     are no longer available on the Exchange.                STP.                                                  phase I protocols from the Exchange’s
     The preamble also states that Rule 7.11–                   Finally, the Exchange proposes to                  rules would remove impediments to and
     E(a)(5P) would govern order processing                  amend Rule 7.34–E (Trading Sessions).                 perfect the mechanism of a national
     when ETP Holders communicate with                       Specifically, Rule 7.34–E(b)(1) provides
     the NYSE Arca Marketplace using Pillar                  that any order entered into the NYSE                    4 15   U.S.C. 78f(b).
     phase II protocols. Now that ETP                        Arca Marketplace must include a                         5 15   U.S.C. 78f(b)(5).



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     58630                        Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

     market system because these proposed                      such shorter time as the Commission                   All submissions should refer to File
     changes would add greater clarity to the                  may designate if consistent with the                  Number SR–NYSEArca–2018–79. This
     Exchange’s rules and promote market                       protection of investors and the public                file number should be included on the
     transparency and efficiency because                       interest.                                             subject line if email is used. To help the
     Pillar phase I protocols, which for a                        A proposed rule change filed under                 Commission process and review your
     period of time were available to ETP                      Rule 19b–4(f)(6) normally may not                     comments more efficiently, please use
     Holders to communicate with the NYSE                      become operative prior to 30 days after               only one method. The Commission will
     Arca Marketplace, are no longer                           the date of filing. However, Rule 19b–                post all comments on the Commission’s
     available.                                                4(f)(6)(iii) 8 permits the Commission to              internet website (http://www.sec.gov/
        The Exchange believes that the                         designate a shorter time if such action               rules/sro.shtml). Copies of the
     proposed rule change to replace                           is consistent with the protection of                  submission, all subsequent
     references to ETP ID with MPID for STP                    investors and the public interest. The                amendments, all written statements
     purposes would remove impediments to                      Exchange has requested that the                       with respect to the proposed rule
     and perfect the mechanism of a free and                   Commission waive the 30-day operative                 change that are filed with the
     open market and a national market                         delay period. The Commission believes                 Commission, and all written
     system because the proposed change                        that waiver of the 30-day operative                   communications relating to the
     would eliminate confusion with respect                    delay period is consistent with the                   proposed rule change between the
     to how the Exchange identifies the                        protection of investors and the public                Commission and any person, other than
     identity of an ETP Holder for purposes                    interest. Specifically, the Commission                those that may be withheld from the
     of the Exchange’s STP functionality.                      believes that the proposal would delete               public in accordance with the
     The Exchange further believes that this                   obsolete rules from the Exchange’s                    provisions of 5 U.S.C. 552, will be
     non-substantive amendment to the                          rulebook and thus should provide                      available for website viewing and
     current rule is intended to provide                       clarity and eliminate confusion. For                  printing in the Commission’s Public
     clarity and eliminate confusion among                     these reasons, the Commission believes                Reference Room, 100 F Street NE,
     market participants, which is in the                      that waiving the 30-day operative delay               Washington, DC 20549, on official
     interests of all investors and the general                is consistent with the protection of                  business days between the hours of
     public.                                                   investors and the public interest, and                10:00 a.m. and 3:00 p.m. Copies of the
                                                               designates the proposed rule change to                filing also will be available for
     B. Self-Regulatory Organization’s
                                                               be operative upon filing with the                     inspection and copying at the principal
     Statement on Burden on Competition
                                                               Commission.9                                          office of the Exchange. All comments
        The Exchange does not believe that                        At any time within 60 days of the                  received will be posted without change.
     the proposed rule change will impose                      filing of the proposed rule change, the               Persons submitting comments are
     any burden on competition that is not                     Commission summarily may                              cautioned that we do not redact or edit
     necessary or appropriate in furtherance                   temporarily suspend such rule change if               personal identifying information from
     of the purposes of the Act. The                           it appears to the Commission that such                comment submissions. You should
     proposed rule change is not designed to                   action is necessary or appropriate in the             submit only information that you wish
     address competitive issues but rather is                  public interest, for the protection of                to make available publicly. All
     designed to ensure a fair and orderly                     investors, or otherwise in furtherance of             submissions should refer to File
     market by removing trading rules that                     the purposes of the Act.10                            Number SR–NYSEArca–2018–79 and
     are no longer operative. As such, the                                                                           should be submitted on or before
     proposed rule changes are intended to                     IV. Solicitation of Comments
                                                                                                                     December 11, 2018.
     promote greater efficiency and                              Interested persons are invited to
                                                               submit written data, views, and                         For the Commission, by the Division of
     transparency concerning trading on the
                                                                                                                     Trading and Markets, pursuant to delegated
     Exchange.                                                 arguments concerning the foregoing,                   authority.11
                                                               including whether the proposed rule
     C. Self-Regulatory Organization’s                         change is consistent with the Act.
                                                                                                                     Eduardo A. Aleman,
     Statement on Comments on the                              Comments may be submitted by any of                   Assistant Secretary.
     Proposed Rule Change Received From                        the following methods:                                [FR Doc. 2018–25238 Filed 11–19–18; 8:45 am]
     Members, Participants, or Others                                                                                BILLING CODE 8011–01–P
       No written comments were solicited                      Electronic Comments
     or received with respect to the proposed                    • Use the Commission’s internet
     rule change.                                              comment form (http://www.sec.gov/                     SECURITIES AND EXCHANGE
                                                               rules/sro.shtml); or                                  COMMISSION
     III. Date of Effectiveness of the                           • Send an email to rule-comments@
     Proposed Rule Change and Timing for                                                                             [Release No. 34–84591; File No. SR–
                                                               sec.gov. Please include File Number SR–               PEARL–2018–22]
     Commission Action                                         NYSEArca–2018–79 on the subject line.
        The foregoing rule change has become                                                                         Self-Regulatory Organizations; MIAX
     effective pursuant to Section 19(b)(3)(A)                 Paper Comments
                                                                                                                     PEARL, LLC; Notice of Filing and
     of the Act 6 and Rule 19b–4(f)(6) 7                         • Send paper comments in triplicate                 Immediate Effectiveness of a Proposed
     thereunder because the proposal does                      to Secretary, Securities and Exchange                 Rule Change To Amend the MIAX
     not: (i) Significantly affect the                         Commission, 100 F Street NE,                          PEARL Fee Schedule
     protection of investors or the public                     Washington, DC 20549–1090.
     interest; (ii) impose any significant                                                                           November 14, 2018.
     burden on competition; and (iii) by its                     8 17  CFR 240.19b–4(f)(6)(iii).                       Pursuant to the provisions of Section
                                                                  9 For purposes only of waiving the operative
     terms, become operative for 30 days                                                                             19(b)(1) of the Securities Exchange Act
                                                               delay for this proposal, the Commission has
     from the date on which it was filed, or                   considered the proposed rule’s impact on
                                                                                                                     of 1934 (‘‘Act’’),1 and Rule 19b–4
                                                               efficiency, competition, and capital formation. See
       6 15   U.S.C. 78s(b)(3)(A).                             15 U.S.C. 78c(f).                                       11 17   CFR 200.30–3(a)(12).
       7 17   CFR 240.19b–4(f)(6).                                10 15 U.S.C. 78s(b)(3)(C).                           1 15   U.S.C. 78s(b)(1).



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Document Created: 2018-11-20 07:59:09
Document Modified: 2018-11-20 07:59:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 58628 

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