Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.62 To Specifically Address the Number and Size of Contra-Parties To a Qualified Contingent Cross Order, 18599-18601 [2014-07353]
Download as PDF
Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices
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:
[FR Doc. 2014–07357 Filed 4–1–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2014–030 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.
tkelley on DSK3SPTVN1PROD with NOTICES
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Kevin M. O’Neill,
Deputy Secretary.
All submissions should refer to File
Number SR–NASDAQ–2014–030. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
publicly available. All submissions
should refer to File Number SR–
NASDAQ–2014–030 and should be
submitted on or before April 23, 2014.
[Release No. 34–71818; File No. SR–
NYSEARCA–2014–27]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Rule 6.62 To
Specifically Address the Number and
Size of Contra-Parties To a Qualified
Contingent Cross Order
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on March 19,
2014, NYSE Arca, Inc. (the ‘‘Exchange’’
or ‘‘NYSE Arca’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Rule 6.62 (Certain Types of Orders
Defined) to specifically address the
number and size of contra-parties to a
Qualified Contingent Cross Order (‘‘QCC
Order’’). The text of the proposed rule
change is available on the Exchange’s
Web site at www.nyse.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
20 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
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18599
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this rule filing is to
amend Rule 6.62 to specifically address
the number and size of contra-parties to
a QCC Order. The proposed rule change,
which mirrors a recently adopted rule
by the International Securities Exchange
(‘‘ISE’’),4 is intended to accommodate
multiple contra-parties, so long as each
contra-side order meets the minimum
size requirements as discussed below.
The Exchange adopted the QCC Order
type on March 17, 2011.5 Under current
Rule 6.62(bb), a QCC Order must be
comprised of an order to buy or sell at
least 1,000 contracts 6 that is identified
as being part of a qualified contingent
trade,7 coupled with a contra-side order
to buy or sell an equal number of
contracts. As Qualified Contingent
Crosses, QCC Orders are automatically
executed upon entry provided that the
execution (i) is not at the same price as
a Customer Order in the Consolidated
Book and (ii) is at or between the
NBBO.8 In addition, QCC Orders that
cannot be executed when entered will
automatically cancel.9 Finally, QCC
4 See Securities Exchange Act Release No. 71182
(December, 24, 2013), 78 FR 79721 (December 31,
2013) (SR–ISE–2013–71).
5 See Securities Exchange Act Release No. 64086
(March 17, 2011), 76 FR 16021 (March 22, 2011)
(SR–NYSEArca–2011–09).
6 In the case of mini options, the minimum size
is 10,000 contracts.
7 A ‘‘qualified contingent trade’’ must meet the
following conditions: (i) At least one component
must be an NMS Stock; (ii) all the components must
be effected with a product price contingency that
either has been agreed to by all the respective
counterparties or arranged for by a broker-dealer as
principal or agent; (iii) the execution of one
component must be contingent upon the execution
of all other components at or near the same time;
(iv) the specific relationship between the
component orders (e.g., the spread between the
prices of the component orders) must be
determined by the time the contingent order is
placed; (v) the component orders must bear a
derivative relationship to one another, represent
different classes of shares of the same issuer, or
involve the securities of participants in mergers or
with intentions to merge that have been announced
or cancelled; and (vi) the transaction must be fully
hedged (without regard to any prior existing
position) as a result of other components of the
contingent trade. In addition, ATP Holders must
demonstrate that the transaction is fully hedged
using reasonable risk-valuation methodologies. See
supra n.5 (citing Securities Exchange Act Release
No. 57620 (April 4, 2008), 73 FR 19271 (April 9,
2008)).
8 See Rule 6.90 (Qualified Contingent Crosses).
9 Id.
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Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
Orders may only be entered in the
regular trading increments applicable to
the options class under Rule 6.72
(Trading Differentials).
As discussed above, to remain
competitive with other options
exchanges,10 the Exchange proposes to
amend its rules to provide that a QCC
Order must involve a single order for at
least 1,000 contracts on the originating
side, but that the contra-side order may
be comprised of multiple orders, which
in the aggregate equal the size of the
originating order, so long as each of the
contra-side orders is for at least 1,000
contracts.11
For instance, as proposed, a 5,000
contract originating QCC Order to buy
could be coupled with a contra-side
order comprised of two different sell
orders of 2,500 contracts each.
Similarly, as proposed, a 5,000 contract
originating QCC Order to buy could be
coupled with a contra-side order
comprised of two different sell orders,
one for 4,000 contracts and one for
1,000 contracts. In the above examples,
each sell (contra-side) order needs to be
for a minimum of 1,000 contracts,
provided that the total of all sell (contraside) orders equals the size of the
originating order and that originating
order is at least 1,000 contracts.
Accordingly, the Exchange is
proposing to amend the definition of
QCC Order, as contained in current Rule
6.62(bb), to provide that an originating
order to buy or sell at least 1,000
contracts coupled with a contra-side
order or orders totaling an equal number
of contracts is permitted, so long as each
contra-side order is for at least 1,000
contracts.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with Section
6(b) of the Act in general, and furthers
the objectives of Section 6(b)(5) of the
Act, in that it is designed to promote
just and equitable principles of trade,
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. Specifically, because the
proposal provides that a QCC Order
permits multiple contra-parties, it
should afford members and participants
more certainty and, therefore, provide
more opportunity to participate in QCC
trades, consistent with the key
principles behind the QCC Order.
The Exchange believes the proposed
rule change is consistent with Section
6(b)(8) of the Act, as it will enable the
Exchange to compete with other options
exchanges, including the ISE,12 for QCC
Orders involving multiple parties,
including where there are multiple
contra-parties. The Exchange believes
that this would be beneficial to
participants because allowing multiple
contra-parties of at least 1,000 contracts
should foster competition for filling one
side of a QCC Order and thereby result
in potentially better prices, as opposed
to only allowing one contra-party and,
thereby requiring that contra-party to do
a larger size order which could result in
a worse price for the trade.
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. In fact, the
proposal is intended to relieve a burden
on competition, which results from
different exchanges interpreting their
rules differently. Among the options
exchanges, the Exchange believes that
the proposal to allow multiple contraparties of at least 1,000 contracts should
foster competition for filling the contraside of a QCC order and thereby result
in potentially better prices for such
orders. In addition, the proposal will
enable the Exchange to more effectively
compete with other option exchanges
like the ISE that have already
implement similar rule changes.13
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
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days after the date of
the filing, or such shorter time as the
Commission may designate, it has
become effective pursuant to 19(b)(3)(A)
of the Act 14 and Rule 19b–4(f)(6) 15
thereunder.
12 See
supra n.4.
13 Id.
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
supra n. 4.
11 In the case of mini options, the minimum size
is 10,000 contracts.
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IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEARCA–2014–27 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NYSEARCA–2014–27. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
14 15
15 17
10 See
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.
PO 00000
Frm 00094
Fmt 4703
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prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
E:\FR\FM\02APN1.SGM
02APN1
Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEARCA–2014–27 and should be
submitted on or before April 23, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–07353 Filed 4–1–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71827; File No. SR–
NASDAQ–2012–129]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Order
Granting an Extension to Limited
Exemption From Rule 612(c) of
Regulation NMS in Connection With
the Exchange’s Retail Price
Improvement Program
March 28, 2014.
On February 15, 2013, the
Commission issued an order pursuant to
its authority under Rule 612(c) of
Regulation NMS (‘‘Sub-Penny Rule’’) 1
that granted the NASDAQ Stock Market
LLC (‘‘NASDAQ’’) a limited exemption
from the Sub-Penny Rule in connection
with the operation of the Exchange’s
Retail Price Improvement Program
(‘‘Program’’).2 The limited exemptions
were granted concurrently with the
Commission’s approval of the
Exchanges’ proposals to adopt their
respective Retail Liquidity Programs for
one-year pilot terms.3 The exemption
was granted coterminous with the
effectiveness of the pilot Program; both
the pilot Program and exemption are
scheduled to expire on March 28, 2014.
The Exchange now seeks to extend
the exemption until September 30,
2014.4 The Exchange’s request was
CFR 200.30–3(a)(12).
CFR 242.612(c).
2 See Securities Exchange Act Release No. 68937
(February 15, 2013), 78 FR 12397 (February 22,
2013) (SR–NASDAQ–2012–129) (‘‘RPI Approval
Order’’).
3 See id.
4 See Letter from John Yetter, Deputy General
Counsel, The NASDAQ Stock Market LLC to
Elizabeth M. Murphy, Secretary, Securities and
Exchange Commission dated March 24, 2014.
made in conjunction with an
immediately effective filing that extends
the operation of the Programs for six
months, through September 30, 2014.5
In its request to extend the exemption,
the Exchange notes that the Program
was subject to gradual implementation.
Accordingly, the Exchange has asked for
additional time to allow it and the
Commission to analyze more robust data
concerning the Program, which the
Exchange committed to provide to the
Commission.6 For this reason and the
reasons stated in the Order originally
granting the limited exemption, the
Commission finds that extending the
exemption, pursuant to its authority
under Rule 612(c) of Regulation NMS, is
appropriate in the public interest and
consistent with the protection of
investors.
Therefore, it is hereby ordered that,
pursuant to Rule 612(c) of Regulation
NMS, the Exchange is granted a sixmonth extension of the limited
exemption from Rule 612 of Regulation
NMS that allows it to accept and rank
orders priced equal to or greater than
$1.00 per share in increments of $0.001,
in connection with the operation of its
Retail Price Improvement Program.
The limited and temporary exemption
extended by this Order is subject to
modification or revocation if at any time
the Commission determines that such
action is necessary or appropriate in
furtherance of the purposes of the
Exchange Act. Responsibility for
compliance with any applicable
provisions of the federal securities laws
must rest with the persons relying on
the exemption that are the subject of
this Order.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–07358 Filed 4–1–14; 8:45 am]
BILLING CODE 8011–01–P
16 17
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1 17
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5 See
6 See
SR–NASDAQ–2014–030.
RPI Approval Order, supra note 2, 78 FR at
12399.
7 17 CFR 200.30–3(a)(83).
PO 00000
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71817; File No. SR–
NYSEMKT–2014–23]
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Rule 900.3NY
To Specifically Address the Number
and Size of Contra-Parties to a
Qualified Contingent Cross Order
March 27, 2014.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on March 19,
2014, NYSE MKT LLC (the ‘‘Exchange’’
or ‘‘NYSE MKT’’) filed with the
Securities and Exchange Commission
(the ‘‘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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Rule 900.3NY (Orders Defined) to
specifically address the number and size
of contra-parties to a Qualified
Contingent Cross Order (‘‘QCC Order’’).
The text of the proposed rule change is
available on the Exchange’s Web site at
www.nyse.com, at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
Sfmt 4703
18601
E:\FR\FM\02APN1.SGM
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Agencies
[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Notices]
[Pages 18599-18601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07353]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71818; File No. SR-NYSEARCA-2014-27]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.62
To Specifically Address the Number and Size of Contra-Parties To a
Qualified Contingent Cross Order
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on March 19, 2014, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I 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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Rule 6.62 (Certain Types of Orders
Defined) to specifically address the number and size of contra-parties
to a Qualified Contingent Cross Order (``QCC Order''). The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of this rule filing is to amend Rule 6.62 to
specifically address the number and size of contra-parties to a QCC
Order. The proposed rule change, which mirrors a recently adopted rule
by the International Securities Exchange (``ISE''),\4\ is intended to
accommodate multiple contra-parties, so long as each contra-side order
meets the minimum size requirements as discussed below.
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 71182 (December, 24,
2013), 78 FR 79721 (December 31, 2013) (SR-ISE-2013-71).
---------------------------------------------------------------------------
The Exchange adopted the QCC Order type on March 17, 2011.\5\ Under
current Rule 6.62(bb), a QCC Order must be comprised of an order to buy
or sell at least 1,000 contracts \6\ that is identified as being part
of a qualified contingent trade,\7\ coupled with a contra-side order to
buy or sell an equal number of contracts. As Qualified Contingent
Crosses, QCC Orders are automatically executed upon entry provided that
the execution (i) is not at the same price as a Customer Order in the
Consolidated Book and (ii) is at or between the NBBO.\8\ In addition,
QCC Orders that cannot be executed when entered will automatically
cancel.\9\ Finally, QCC
[[Page 18600]]
Orders may only be entered in the regular trading increments applicable
to the options class under Rule 6.72 (Trading Differentials).
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 64086 (March 17,
2011), 76 FR 16021 (March 22, 2011) (SR-NYSEArca-2011-09).
\6\ In the case of mini options, the minimum size is 10,000
contracts.
\7\ A ``qualified contingent trade'' must meet the following
conditions: (i) At least one component must be an NMS Stock; (ii)
all the components must be effected with a product price contingency
that either has been agreed to by all the respective counterparties
or arranged for by a broker-dealer as principal or agent; (iii) the
execution of one component must be contingent upon the execution of
all other components at or near the same time; (iv) the specific
relationship between the component orders (e.g., the spread between
the prices of the component orders) must be determined by the time
the contingent order is placed; (v) the component orders must bear a
derivative relationship to one another, represent different classes
of shares of the same issuer, or involve the securities of
participants in mergers or with intentions to merge that have been
announced or cancelled; and (vi) the transaction must be fully
hedged (without regard to any prior existing position) as a result
of other components of the contingent trade. In addition, ATP
Holders must demonstrate that the transaction is fully hedged using
reasonable risk-valuation methodologies. See supra n.5 (citing
Securities Exchange Act Release No. 57620 (April 4, 2008), 73 FR
19271 (April 9, 2008)).
\8\ See Rule 6.90 (Qualified Contingent Crosses).
\9\ Id.
---------------------------------------------------------------------------
As discussed above, to remain competitive with other options
exchanges,\10\ the Exchange proposes to amend its rules to provide that
a QCC Order must involve a single order for at least 1,000 contracts on
the originating side, but that the contra-side order may be comprised
of multiple orders, which in the aggregate equal the size of the
originating order, so long as each of the contra-side orders is for at
least 1,000 contracts.\11\
---------------------------------------------------------------------------
\10\ See supra n. 4.
\11\ In the case of mini options, the minimum size is 10,000
contracts.
---------------------------------------------------------------------------
For instance, as proposed, a 5,000 contract originating QCC Order
to buy could be coupled with a contra-side order comprised of two
different sell orders of 2,500 contracts each. Similarly, as proposed,
a 5,000 contract originating QCC Order to buy could be coupled with a
contra-side order comprised of two different sell orders, one for 4,000
contracts and one for 1,000 contracts. In the above examples, each sell
(contra-side) order needs to be for a minimum of 1,000 contracts,
provided that the total of all sell (contra-side) orders equals the
size of the originating order and that originating order is at least
1,000 contracts.
Accordingly, the Exchange is proposing to amend the definition of
QCC Order, as contained in current Rule 6.62(bb), to provide that an
originating order to buy or sell at least 1,000 contracts coupled with
a contra-side order or orders totaling an equal number of contracts is
permitted, so long as each contra-side order is for at least 1,000
contracts.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act in general, and furthers the objectives of
Section 6(b)(5) of the Act, in that it is designed to promote just and
equitable principles of trade, 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. Specifically,
because the proposal provides that a QCC Order permits multiple contra-
parties, it should afford members and participants more certainty and,
therefore, provide more opportunity to participate in QCC trades,
consistent with the key principles behind the QCC Order.
The Exchange believes the proposed rule change is consistent with
Section 6(b)(8) of the Act, as it will enable the Exchange to compete
with other options exchanges, including the ISE,\12\ for QCC Orders
involving multiple parties, including where there are multiple contra-
parties. The Exchange believes that this would be beneficial to
participants because allowing multiple contra-parties of at least 1,000
contracts should foster competition for filling one side of a QCC Order
and thereby result in potentially better prices, as opposed to only
allowing one contra-party and, thereby requiring that contra-party to
do a larger size order which could result in a worse price for the
trade.
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\12\ See supra n.4.
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. In fact, the proposal is
intended to relieve a burden on competition, which results from
different exchanges interpreting their rules differently. Among the
options exchanges, the Exchange believes that the proposal to allow
multiple contra-parties of at least 1,000 contracts should foster
competition for filling the contra-side of a QCC order and thereby
result in potentially better prices for such orders. In addition, the
proposal will enable the Exchange to more effectively compete with
other option exchanges like the ISE that have already implement similar
rule changes.\13\
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\13\ Id.
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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
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) \15\
thereunder.
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\14\ 15 U.S.C. 78s(b)(3)(A).
\15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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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, 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEARCA-2014-27 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEARCA-2014-27. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
[[Page 18601]]
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEARCA-2014-27 and should
be submitted on or before April 23, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-07353 Filed 4-1-14; 8:45 am]
BILLING CODE 8011-01-P