83_FR_64657 83 FR 64417 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Update the Trading Floor Qualification Examination

83 FR 64417 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Update the Trading Floor Qualification Examination

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 240 (December 14, 2018)

Page Range64417-64419
FR Document2018-27075

Federal Register, Volume 83 Issue 240 (Friday, December 14, 2018)
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Pages 64417-64419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-27075]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84765; File No. SR-Phlx-2018-79]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Update the 
Trading Floor Qualification Examination

December 10, 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 November 30, 2018, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or

[[Page 64418]]

``Commission'') the proposed rule change as described in Items I, II, 
and III, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to revise its floor qualification 
examination. Specifically, the Exchange proposes to delete obsolete 
questions, change the format of certain questions from ``true/false'' 
to multiple choice, add several new questions, and revise certain 
questions, as described further below.
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqphlx.cchwallstreet.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 Exchange 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 these 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 aspects of such 
statements.

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

1. Purpose
    The purpose of the proposed rule change is to improve the 
Exchange's program for qualification of members by updating its floor 
qualification examination. The Exchange has employed a written floor 
qualification examination, which is required for persons seeking to act 
as members on the trading floor, for many years.\3\ The examination was 
last amended in 2012.\4\
---------------------------------------------------------------------------

    \3\ See Rules 620(a) and 901(c). See also Rule 1061 applicable 
to Floor Brokers.
    \4\ Securities Exchange Act Release No. 67508 [sic] (July 26 
[sic], 2012), 77 FR 46141 (July 27, 2012 [sic]) (SR-Phlx-2012-96). 
See also Securities Exchange Act Release No. 63603 (December 22, 
2010), 75 FR 82419 (December 30, 2010) (SR-Phlx-2010-180); 
Securities Exchange Act Release No. 33304 (December 9, 1993), 58 FR 
65613 (December 15, 1993) (SR-Phlx-92-34).
---------------------------------------------------------------------------

    At this time, the Exchange proposes to update the examination in a 
variety of ways. The examination would continue to be comprised of 100 
questions. Those questions would be randomly and electronically 
selected from a question bank of 188 questions, an increase of 16 
questions from the existing question bank. The floor qualification 
examination would continue to be administered by the Exchange's 
membership department, and continue to require a passing score of 70 
during a 75 minute testing period.
    The Exchange proposes to delete 11 obsolete questions. Nine of the 
questions deleted test knowledge that is no longer applicable because 
of revisions to the PHLX rules. The other two questions deleted test 
knowledge no longer needed to trade on the Phlx floor. The Exchange 
also proposes to modify 55 questions by changing the format of those 
questions from ``true/false'' to multiple choice. The subject matter 
covered by each of those questions will not change. The Exchange 
further proposes to add 27 new questions. Twenty of the new questions 
generally test knowledge of the new Floor Broker Management System 
(``FBMS''). The remaining seven questions were added to expand the bank 
from which questions are selected. Finally, the Exchange notes that 
certain questions were revised to correct grammatical errors and 
standardize the answer format. With these changes, the total number of 
questions available for random and electronic selection will increase 
from 172 to 188.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \5\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \6\ 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. 
In addition, the Exchange believes that the proposed rule change is 
consistent with Section 6(c)(3)(B) of the Act,\7\ which authorizes 
exchanges to prescribe standards of training, experience and competence 
for persons associated with exchange members, and gives exchanges the 
authority to bar a natural person from becoming a member or a person 
associated with a member, if the person does not meet the standards of 
training, experience and competence prescribed in the rules of the 
exchange. The Exchange believes that revising its floor member 
qualification examination as proposed in this filing, including by 
deleting obsolete questions, changing the format of 55 questions from 
``true/false'' to multiple choice, and adding questions, including 
those that relate to the new FMBS [sic], will better test the knowledge 
of prospective floor members, and thereby enhance the Exchange's 
standards for training, experience and competence. In addition, the 
exchange is modifying the format of its ``true/false'' questions to 
multiple choice and making certain other changes, such as correcting 
grammatical errors and standardizing the answer format.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(c)(3)(B).
---------------------------------------------------------------------------

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 not necessary or appropriate in 
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(1) 
\9\ thereunder, the Exchange has designated this proposal as one that 
constitutes a stated policy, practice or interpretation with respect to 
the meaning, administration, or enforcement of an existing rule of the 
SRO, and therefore has become effective.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

    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 should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing,

[[Page 64419]]

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-Phlx-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-Phlx-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-Phlx-2018-79 and should be submitted on 
or before January 4, 2019.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2018-27075 Filed 12-13-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices                                                  64417

                                                 The proposed change to remove the                      service provided by FICC. Each of the                   comments more efficiently, please use
                                              account maintenance fee for trade                         proposed changes would apply equally                    only one method. The Commission will
                                              assignment accounts from the Dealer                       to all participants such that no                        post all comments on the Commission’s
                                              Schedule would provide for the                            participants would be subject to the                    internet website (http://www.sec.gov/
                                              equitable allocation of fees among                        eliminated fees following the                           rules/sro.shtml). Copies of the
                                              participants because removing this fee,                   implementation of the proposed                          submission, all subsequent
                                              which does not relate to a service                        changes, and the Clearing Rules would                   amendments, all written statements
                                              provided by FICC, would improve the                       no longer identify a fee that does not                  with respect to the proposed rule
                                              accuracy of the Dealer Schedule for all                   relate to an FICC service. Therefore,                   change that are filed with the
                                              Clearing Members. FICC believes this                      FICC does not believe these proposed                    Commission, and all written
                                              proposed change is reasonable because,                    changes would not have any impact on                    communications relating to the
                                              following implementation of the                           competition.                                            proposed rule change between the
                                              proposed change, the Dealer Schedule                                                                              Commission and any person, other than
                                              would only include fees that relate to                    (C) Clearing Agency’s Statement on                      those that may be withheld from the
                                              existing services provided by FICC.                       Comments on the Proposed Rule                           public in accordance with the
                                              Therefore, this proposed change is also                   Change Received From Members,                           provisions of 5 U.S.C. 552, will be
                                              consistent with Section 17A(b)(3)(D).20                   Participants, or Others                                 available for website viewing and
                                                 Rule 17Ad–22(e)(21) under the Act                        FICC has not solicited or received any                printing in the Commission’s Public
                                              requires, in part, that FICC establish,                   written comments relating to this                       Reference Room, 100 F Street NE,
                                              implement, maintain and enforce                           proposal. FICC will notify the                          Washington, DC 20549 on official
                                              written policies and procedures                           Commission of any written comments                      business days between the hours of
                                              reasonably designed to be efficient and                   that it receives.                                       10:00 a.m. and 3:00 p.m. Copies of the
                                              effective in meeting the requirements of                                                                          filing also will be available for
                                              its participants and the markets it                       III. Date of Effectiveness of the                       inspection and copying at the principal
                                              serves.21 The proposed change to                          Proposed Rule Change, and Timing for                    office of FICC and on DTCC’s website
                                              eliminate the Surcharge would                             Commission Action                                       (http://dtcc.com/legal/sec-rule-
                                              eliminate a fee that is no longer                            The foregoing rule change has become                 filings.aspx). All comments received
                                              necessary to discourage batch                             effective pursuant to Section 19(b)(3)(A)               will be posted without change. Persons
                                              submission of trades, for the reasons                     of the Act 23 and paragraph (f) of Rule                 submitting comments are cautioned that
                                              described above. The proposed change                      19b–4 thereunder.24 At any time within                  we do not redact or edit personal
                                              to eliminate the late payment for EPN                     60 days of the filing of the proposed rule              identifying information from comment
                                              bills would also eliminate a fee that is                  change, the Commission summarily may                    submissions. You should submit only
                                              no longer necessary to discourage late                    temporarily suspend such rule change if                 information that you wish to make
                                              payment of such bills, for the reasons                    it appears to the Commission that such                  available publicly. All submissions
                                              described above. Finally, the proposed                    action is necessary or appropriate in the               should refer to File Number SR–FICC–
                                              change to remove the account                              public interest, for the protection of                  2018–012 and should be submitted on
                                              maintenance fee for trade assignment                      investors, or otherwise in furtherance of               or before January 4, 2019.
                                              accounts from the Dealer Schedule                         the purposes of the Act.                                  For the Commission, by the Division of
                                              would remove a fee from the Dealer                                                                                Trading and Markets, pursuant to delegated
                                              Schedule that does not relate to a                        IV. Solicitation of Comments
                                                                                                                                                                authority.25
                                              service offered by FICC. Each of these                      Interested persons are invited to                     Eduardo A. Aleman,
                                              proposed changes would simplify and                       submit written data, views and                          Deputy Secretary.
                                              update the Rules, thereby improving the                   arguments concerning the foregoing,                     [FR Doc. 2018–27079 Filed 12–13–18; 8:45 am]
                                              clarity of the Rules and enhancing their                  including whether the proposed rule
                                                                                                                                                                BILLING CODE 8011–01–P
                                              transparency to participants. By                          change is consistent with the Act.
                                              removing fees that are no longer                          Comments may be submitted by any of
                                              necessary or do not relate to FICC’s                      the following methods:                                  SECURITIES AND EXCHANGE
                                              services, and improving the clarity of                    Electronic Comments                                     COMMISSION
                                              the Rules, the proposed changes would
                                              allow FICC to more efficiently and                          • Use the Commission’s internet                       [Release No. 34–84765; File No. SR–Phlx–
                                                                                                        comment form (http://www.sec.gov/                       2018–79]
                                              effectively meet the requirements of its
                                              participants. Therefore, FICC believes                    rules/sro.shtml); or
                                                                                                          • Send an email to rule-comments@                     Self-Regulatory Organizations; Nasdaq
                                              this proposed rule change is also                                                                                 PHLX LLC; Notice of Filing and
                                              consistent with Rule 17Ad–22(e)(21).22                    sec.gov. Please include File Number SR–
                                                                                                        FICC–2018–012 on the subject line.                      Immediate Effectiveness of Proposed
                                              (B) Clearing Agency’s Statement on                                                                                Rule Change To Update the Trading
                                              Burden on Competition                                     Paper Comments                                          Floor Qualification Examination
                                                FICC does not believe that the                            • Send paper comments in triplicate                   December 10, 2018.
                                              proposed rule changes would have any                      to Secretary, Securities and Exchange                      Pursuant to Section 19(b)(1) of the
                                              impact, or impose any burden, on                          Commission, 100 F Street NE,                            Securities Exchange Act of 1934
                                              competition. The proposed changes                         Washington, DC 20549.                                   (‘‘Act’’) 1, and Rule 19b–4 thereunder,2
                                              would eliminate fees that are no longer                   All submissions should refer to File                    notice is hereby given that on November
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                                              necessary, for the reasons described                      Number SR–FICC–2018–012. This file                      30, 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or
                                              above, and would remove a fee from the                    number should be included on the                        ‘‘Exchange’’) filed with the Securities
                                              Clearing Rules that does not relate to a                  subject line if email is used. To help the              and Exchange Commission (‘‘SEC’’ or
                                                                                                        Commission process and review your
                                                20 Id.                                                                                                            25 17 CFR 200.30–3(a)(12).
                                                21 17    CFR 240.17Ad–22(e)(21).                          23 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).
                                                22 Id.                                                    24 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.




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                                              64418                       Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices

                                              ‘‘Commission’’) the proposed rule                         At this time, the Exchange proposes to               experience and competence prescribed
                                              change as described in Items I, II, and                 update the examination in a variety of                 in the rules of the exchange. The
                                              III, below, which Items have been                       ways. The examination would continue                   Exchange believes that revising its floor
                                              prepared by the Exchange. The                           to be comprised of 100 questions. Those                member qualification examination as
                                              Commission is publishing this notice to                 questions would be randomly and                        proposed in this filing, including by
                                              solicit comments on the proposed rule                   electronically selected from a question                deleting obsolete questions, changing
                                              change from interested persons.                         bank of 188 questions, an increase of 16               the format of 55 questions from ‘‘true/
                                                                                                      questions from the existing question                   false’’ to multiple choice, and adding
                                              I. Self-Regulatory Organization’s                       bank. The floor qualification                          questions, including those that relate to
                                              Statement of the Terms of Substance of                  examination would continue to be                       the new FMBS [sic], will better test the
                                              the Proposed Rule Change                                administered by the Exchange’s                         knowledge of prospective floor
                                                 The Exchange proposes to revise its                  membership department, and continue                    members, and thereby enhance the
                                              floor qualification examination.                        to require a passing score of 70 during                Exchange’s standards for training,
                                              Specifically, the Exchange proposes to                  a 75 minute testing period.                            experience and competence. In
                                              delete obsolete questions, change the                     The Exchange proposes to delete 11                   addition, the exchange is modifying the
                                              format of certain questions from ‘‘true/                obsolete questions. Nine of the                        format of its ‘‘true/false’’ questions to
                                              false’’ to multiple choice, add several                 questions deleted test knowledge that is               multiple choice and making certain
                                              new questions, and revise certain                       no longer applicable because of                        other changes, such as correcting
                                              questions, as described further below.                  revisions to the PHLX rules. The other                 grammatical errors and standardizing
                                                                                                      two questions deleted test knowledge no                the answer format.
                                                 The text of the proposed rule change
                                                                                                      longer needed to trade on the Phlx floor.
                                              is available on the Exchange’s website at                                                                      B. Self-Regulatory Organization’s
                                                                                                      The Exchange also proposes to modify
                                              http://nasdaqphlx.cchwallstreet.com/,                                                                          Statement on Burden on Competition
                                                                                                      55 questions by changing the format of
                                              at the principal office of the Exchange,
                                                                                                      those questions from ‘‘true/false’’ to                   The Exchange does not believe that
                                              and at the Commission’s Public
                                                                                                      multiple choice. The subject matter                    the proposed rule change will impose
                                              Reference Room.
                                                                                                      covered by each of those questions will                any burden on competition not
                                              II. Self-Regulatory Organization’s                      not change. The Exchange further                       necessary or appropriate in furtherance
                                              Statement of the Purpose of, and                        proposes to add 27 new questions.                      of the purposes of the Act.
                                              Statutory Basis for, the Proposed Rule                  Twenty of the new questions generally
                                              Change                                                  test knowledge of the new Floor Broker                 C. Self-Regulatory Organization’s
                                                                                                      Management System (‘‘FBMS’’). The                      Statement on Comments on the
                                                In its filing with the Commission, the                remaining seven questions were added                   Proposed Rule Change Received From
                                              Exchange included statements                            to expand the bank from which                          Members, Participants, or Others
                                              concerning the purpose of and basis for                 questions are selected. Finally, the                     No written comments were either
                                              the proposed rule change and discussed                  Exchange notes that certain questions                  solicited or received.
                                              any comments it received on the                         were revised to correct grammatical
                                              proposed rule change. The text of these                                                                        III. Date of Effectiveness of the
                                                                                                      errors and standardize the answer
                                              statements may be examined at the                                                                              Proposed Rule Change and Timing for
                                                                                                      format. With these changes, the total
                                              places specified in Item IV below. The                                                                         Commission Action
                                                                                                      number of questions available for
                                              Exchange has prepared summaries, set                    random and electronic selection will                      Pursuant to Section 19(b)(3)(A) of the
                                              forth in sections A, B, and C below, of                 increase from 172 to 188.                              Act 8 and Rule 19b–4(f)(1) 9 thereunder,
                                              the most significant aspects of such                                                                           the Exchange has designated this
                                              statements.                                             2. Statutory Basis                                     proposal as one that constitutes a stated
                                              A. Self-Regulatory Organization’s                          The Exchange believes that its                      policy, practice or interpretation with
                                              Statement of the Purpose of, and                        proposal is consistent with Section 6(b)               respect to the meaning, administration,
                                              Statutory Basis for, the Proposed Rule                  of the Act 5 in general, and furthers the              or enforcement of an existing rule of the
                                              Change                                                  objectives of Section 6(b)(5) of the Act 6             SRO, and therefore has become
                                                                                                      in particular, in that it is designed to               effective.
                                              1. Purpose                                              promote just and equitable principles of                  At any time within 60 days of the
                                                The purpose of the proposed rule                      trade, to remove impediments to and                    filing of the proposed rule change, the
                                              change is to improve the Exchange’s                     perfect the mechanism of a free and                    Commission summarily may
                                              program for qualification of members by                 open market and a national market                      temporarily suspend such rule change if
                                              updating its floor qualification                        system, and, in general to protect                     it appears to the Commission that such
                                              examination. The Exchange has                           investors and the public interest. In                  action is necessary or appropriate in the
                                              employed a written floor qualification                  addition, the Exchange believes that the               public interest, for the protection of
                                              examination, which is required for                      proposed rule change is consistent with                investors, or otherwise in furtherance of
                                              persons seeking to act as members on                    Section 6(c)(3)(B) of the Act,7 which                  the purposes of the Act. If the
                                              the trading floor, for many years.3 The                 authorizes exchanges to prescribe                      Commission takes such action, the
                                              examination was last amended in 2012.4                  standards of training, experience and                  Commission shall institute proceedings
                                                                                                      competence for persons associated with                 to determine whether the proposed rule
                                                 3 See Rules 620(a) and 901(c). See also Rule 1061
                                                                                                      exchange members, and gives exchanges                  should be approved or disapproved.
                                                                                                      the authority to bar a natural person
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                                              applicable to Floor Brokers.                                                                                   IV. Solicitation of Comments
                                                 4 Securities Exchange Act Release No. 67508 [sic]    from becoming a member or a person
                                              (July 26 [sic], 2012), 77 FR 46141 (July 27, 2012       associated with a member, if the person                  Interested persons are invited to
                                              [sic]) (SR–Phlx–2012–96). See also Securities           does not meet the standards of training,               submit written data, views, and
                                              Exchange Act Release No. 63603 (December 22,
                                              2010), 75 FR 82419 (December 30, 2010) (SR–Phlx–
                                                                                                                                                             arguments concerning the foregoing,
                                                                                                        5 15 U.S.C. 78f(b).
                                              2010–180); Securities Exchange Act Release No.
                                                                                                        6 15 U.S.C. 78f(b)(5).                                 8 15   U.S.C. 78s(b)(3)(A).
                                              33304 (December 9, 1993), 58 FR 65613 (December
                                              15, 1993) (SR–Phlx–92–34).                                7 15 U.S.C. 78f(c)(3)(B).                              9 17   CFR 240.19b–4(f)(1).



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                                                                               Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices                                                64419

                                              including whether the proposed rule                       SECURITIES AND EXCHANGE                               A. Self-Regulatory Organization’s
                                              change is consistent with the Act.                        COMMISSION                                            Statement of the Purpose of, and the
                                              Comments may be submitted by any of                                                                             Statutory Basis for, the Proposed Rule
                                              the following methods:                                    [Release No. 34–84773; File No. SR–                   Change
                                              Electronic Comments                                       NYSEARCA–2018–89]                                     1. Purpose
                                                • Use the Commission’s internet                         Self-Regulatory Organizations; NYSE                      The Exchange proposes to extend the
                                              comment form (http://www.sec.gov/                                                                               pilot period for the Retail Liquidity
                                                                                                        Arca, Inc.; Notice of Filing and
                                              rules/sro.shtml); or                                                                                            Program, currently scheduled to expire
                                                • Send an email to rule-comments@                       Immediate Effectiveness of Proposed
                                                                                                                                                              on December 31, 2018,4 until June 30,
                                              sec.gov. Please include File Number SR–                   Rule Change To Extend the Pilot                       2019.
                                              Phlx–2018–79 on the subject line.                         Period for the Exchange’s Retail
                                                                                                        Liquidity Program Until June 30, 2019                 Background
                                              Paper Comments                                                                                                     In July 2012, the Commission
                                                                                                        December 10, 2018.
                                                 • Send paper comments in triplicate                                                                          approved the Retail Liquidity Program
                                              to Secretary, Securities and Exchange                        Pursuant to Section 19(b)(1) 1 of the              on a pilot basis.5 The Program is
                                              Commission, 100 F Street NE,                              Securities Exchange Act of 1934                       designed to attract retail order flow to
                                              Washington, DC 20549–1090.                                (‘‘Act’’) 2 and Rule 19b–4 thereunder,3               the Exchange, and allows such order
                                              All submissions should refer to File                      notice is hereby given that, on                       flow to receive potential price
                                              Number SR–Phlx–2018–79. This file                         November 30, 2018, NYSE Arca, Inc.                    improvement. The Program is currently
                                              number should be included on the                          (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed                 limited to trades occurring at prices
                                              subject line if email is used. To help the                with the Securities and Exchange                      equal to or greater than $1.00 per share.
                                              Commission process and review your                        Commission (‘‘Commission’’) the                       Under the Program, Retail Liquidity
                                              comments more efficiently, please use                     proposed rule change as described in                  Providers (‘‘RLPs’’) are able to provide
                                              only one method. The Commission will                      Items I, II, and III below, which Items               potential price improvement in the form
                                              post all comments on the Commission’s                     have been prepared by the self-                       of a non-displayed order that is priced
                                              internet website (http://www.sec.gov/                     regulatory organization. The                          better than the Exchange’s best
                                              rules/sro.shtml). Copies of the                           Commission is publishing this notice to               protected bid or offer (‘‘PBBO’’), called
                                              submission, all subsequent                                solicit comments on the proposed rule                 a Retail Price Improvement Order
                                              amendments, all written statements                                                                              (‘‘RPI’’). When there is an RPI in a
                                                                                                        change from interested persons.
                                              with respect to the proposed rule                                                                               particular security, the Exchange
                                              change that are filed with the                            I. Self-Regulatory Organization’s                     disseminates an indicator, known as the
                                              Commission, and all written                               Statement of the Terms of Substance of                Retail Liquidity Identifier, indicating
                                              communications relating to the                            the Proposed Rule Change                              that such interest exists. Retail Member
                                              proposed rule change between the                                                                                Organizations (‘‘RMOs’’) can submit a
                                              Commission and any person, other than                       The Exchange proposes to extend the                 Retail Order to the Exchange, which
                                              those that may be withheld from the                       pilot period for the Exchange’s Retail                would interact, to the extent possible,
                                              public in accordance with the                             Liquidity Program (the ‘‘Retail Liquidity             with available contra-side RPIs.
                                              provisions of 5 U.S.C. 552, will be                       Program’’ or the ‘‘Program’’), which is                  The Retail Liquidity Program was
                                              available for website viewing and                         currently scheduled to expire on                      approved by the Commission on a pilot
                                              printing in the Commission’s Public                       December 31, 2018, until June 30, 2019.               basis. Pursuant to NYSE Arca Rule
                                              Reference Room, 100 F Street NE,                          The proposed rule change is available                 7.44–E(m), the pilot period for the
                                              Washington, DC 20549, on official                         on the Exchange’s website at                          Program is scheduled to end on
                                              business days between the hours of                        www.nyse.com, at the principal office of              December 31, 2018.
                                              10:00 a.m. and 3:00 p.m. Copies of the                    the Exchange, and at the Commission’s                 Proposal To Extend the Operation of the
                                              filing also will be available for                         Public Reference Room.                                Program
                                              inspection and copying at the principal
                                              office of the Exchange. All comments                      II. Self-Regulatory Organization’s                       The Exchange established the Retail
                                              received will be posted without change.                   Statement of the Purpose of, and                      Liquidity Program in an attempt to
                                              Persons submitting comments are                           Statutory Basis for, the Proposed Rule                attract retail order flow to the Exchange
                                              cautioned that we do not redact or edit                   Change                                                by potentially providing price
                                              personal identifying information from                                                                           improvement to such order flow. The
                                              comment submissions. You should                             In its filing with the Commission, the              Exchange believes that the Program
                                              submit only information that you wish                     self-regulatory organization included                 promotes competition for retail order
                                              to make available publicly. All                           statements concerning the purpose of,                 flow by allowing Exchange members to
                                              submissions should refer to File                          and basis for, the proposed rule change               submit RPIs to interact with Retail
                                              Number SR–Phlx–2018–79 and should                         and discussed any comments it received                Orders. Such competition has the ability
                                              be submitted on or before January 4,                      on the proposed rule change. The text                 to promote efficiency by facilitating the
                                              2019.                                                     of those statements may be examined at                price discovery process and generating
                                                                                                        the places specified in Item IV below.                additional investor interest in trading
                                                For the Commission, by the Division of                                                                        securities, thereby promoting capital
                                              Trading and Markets, pursuant to delegated                The Exchange has prepared summaries,
                                                                                                                                                              formation. The Exchange believes that
amozie on DSK3GDR082PROD with NOTICES1




                                              authority.10                                              set forth in sections A, B, and C below,
                                              Eduardo A. Aleman,                                        of the most significant parts of such                    4 See Securities Exchange Act Release No. 83538

                                              Deputy Secretary.                                         statements.                                           (June 28, 2018), 83 FR 31210 (July 3, 2018) (SR–
                                              [FR Doc. 2018–27075 Filed 12–13–18; 8:45 am]                                                                    NYSEArca–2018–46).
                                                                                                                                                                 5 See Securities Exchange Act Release No. 71176
                                              BILLING CODE 8011–01–P                                      1 15 U.S.C. 78s(b)(1).
                                                                                                                                                              (December 23, 2013), 78 FR 79524 (December 30,
                                                                                                          2 15 U.S.C. 78a.                                    2013) (SR–NYSEArca–2013–107) (‘‘RLP Approval
                                                10 17   CFR 200.30–3(a)(12).                              3 17 CFR 240.19b–4.                                 Order’’).



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Document Created: 2018-12-14 03:49:27
Document Modified: 2018-12-14 03:49:27
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 64417 

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