Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Approval of Proposed Rule Change Amending NYSE Arca Equities Rules 7.6, 7.11, 7.16, 7.31, 7.34, 7.35, 7.37 and 7.65 to Eliminate Certain Order Types, Modifiers and Related References, 52784-52785 [2014-20998]
Download as PDF
52784
Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Notices
2014–019, and should be submitted on
or before September 25, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–21003 Filed 9–3–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–72942; File No. SR–
NYSEArca–2014–75]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Order Granting Approval of
Proposed Rule Change Amending
NYSE Arca Equities Rules 7.6, 7.11,
7.16, 7.31, 7.34, 7.35, 7.37 and 7.65 to
Eliminate Certain Order Types,
Modifiers and Related References
August 28, 2014.
I. Introduction
On June 27, 2014, NYSE Arca, Inc.
(‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to to eliminate certain order
types, modifiers and related references
from the Exchange’s rules. The
proposed rule change was published for
comment in the Federal Register on July
16, 2014.3 The Commission received no
comment letters regarding the proposed
rule change. This order approves the
proposed rule change.
mstockstill on DSK4VPTVN1PROD with NOTICES
II. Description of the Proposal
The Exchange has proposed to amend
NYSE Arca Equities Rules (‘‘Rule(s)’’)
7.6, 7.11, 7.16, 7.31, 7.34, 7.35, 7.37 and
7.65 to eliminate certain order types,
modifiers and related references. The
Exchange states that it is proposing
these rule changes in order to streamline
its rules and reduce complexity among
its order type offerings.4
Working Orders. The Exchange has
proposed to eliminate five types of
working orders 5—Passive Discretionary
Orders, Discretion Limit Orders, Sweep
Reserve Orders, Random Reserve
Orders, and PL Select Orders—and to
18 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 72591
(July 10, 2014), 79 FR 41613 (‘‘Notice’’).
4 See Notice, 79 FR at 41614.
5 According to the Exchange, workings orders are
orders with a conditional or undisplayed price and/
or size. Id.; see also Rule 7.31(h).
1 15
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18:14 Sep 03, 2014
Jkt 232001
delete the definitions of these order
types currently set forth in Rule 7.31(h),
as well as references to these order types
currently in Rules 7.11 and 7.37.6 In
addition, in connection with the
proposed elimination of Passive
Discretionary Orders and Sweep
Reserve Orders, the Exchange has
proposed not to accept certain
combined orders that currently involve
these order types, namely, the Passive
Discretionary Reserve Order (a Passive
Discretionary Order used in
combination with a Reserve Order),
Sweep Reserve with Discretion Order (a
Sweep Reserve Order entered with a
discretionary price), and Inside Limit
Sweep Reserve Order (a Sweep Reserve
Order entered with an inside limit
price).7
Cross Orders. The Exchange has
proposed to accept only one type of
cross order—Cross Orders designated
IOC—and to revise its rules accordingly.
Currently, the Exchange defines a Cross
Order in Rule 7.31(s), separately defines
an IOC Cross Order in Rule 7.31(aa), and
separately defines additional types of
cross orders in other provisions of Rule
7.31. To effect the proposed change, the
Exchange has proposed to consolidate
Rule 7.31(aa) into Rule 7.31(s), thereby
creating one provision that describes
Cross Orders designated IOC, and to
eliminate the additional types of cross
orders currently available on the
Exchange.8 Rule 7.31(aa) would be
Consolidated into Rule 7.31(s) by: (i)
Adding the clause ‘‘designated IOC’’ to
the definition of Cross Order in Rule
7.31(s), (ii) moving to Rule 7.31(s) from
Rule 7.31(aa) text stating that Cross
Orders that would lock or cross the
PBBO or BBO will be cancelled,9 and
(iii) deleting Rule 7.31(aa).10 The
Exchange also has proposed to delete
certain rule provisions that would be
6 A more detailed description of these order types
and the provisions of Rules 7.11, 7.31(h) and 7.37
that would be deleted is set forth in the Notice. See
Notice, 79 FR at 41614; see also proposed Rules
7.11, 7.31(h) and 7.37.
7 See Notice, 79 FR at 41614 n. 8 and 9.
8 The additional types of cross orders currently
available on the Exchange, and which would be
eliminated under the proposal, are the Midpoint
Cross Order (currently defined in Rule 7.31(y)), Post
No Preference (‘‘PNP’’) Cross Order (currently
defined in Rule 7.31(bb)), Cross-and-Post Order
(currently defined in Rule 7.31(ff)), and Portfolio
Crossing Service (‘‘PCS’’) Order (currently defined
in Rule 7.31(ii)). The definitions of these cross order
types currently set forth in Rule 7.31 would be
deleted, as would references to certain of these
cross order types currently set forth in Rules
7.34(g), 7.37(d) and 7.65. Id. at 41615.
9 The terms ‘‘PBBO’’ and ‘‘BBO’’ are defined in
Rules 1.1(h) and (dd), respectively.
10 See Notice, 79 FR at 41614–15; see also
proposed Rule 7.31(s).
PO 00000
Frm 00160
Fmt 4703
Sfmt 4703
rendered moot or inapplicable by this
proposed change.11
Additional Order Types and Rule
Reference Deletions. In addition to the
foregoing proposed changes with
respect to working orders and cross
orders, the Exchange has proposed to
eliminate or limit the operation of five
other order types. First, the Exchange
has proposed to eliminate the Market to
Limit (‘‘MTL’’) Order, and thus to delete
Rule 7.31(rr), which currently sets forth
the definition of this order type. Second,
the Exchange has proposed to amend
the definition of an Auction-Only Order
in Rule 7.31(t) to provide that the
Exchange will only accept the AuctionOnly Orders specified therein, namely,
Limit-on-Open Orders (‘‘LOO Order’’),
Market-on-Open Orders (‘‘MOO
Order’’), Limit-on-Close Orders
(‘‘LOC’’), and Market-on-Close Orders
(‘‘MOC’’).12 Third, the Exchange
proposes not to accept NOW Orders
with a Reserve Modifier, and thus to
amend the definition of a NOW Order
in Rule 7.31(v) to provide that NOW
Orders entered with a Reserve modifier
will be rejected. Fourth, the Exchange
proposes not to accept market orders
with a NOW or IOC modifier, and thus
to delete the reference to market orders
in the definition of the IOC modifier in
Rule 7.31(c)(3),13 and to amend the
definition of a NOW Order in Rule
7.31(v) to provide that NOW Orders
entered with a Market modifier will be
rejected. Lastly, the Exchange proposes
to eliminate the use of a Fill or Kill
(‘‘FOK’’) modifier with a Mid-Point
Liquidity (‘‘MPL’’) Order, and thus to
amend the definition of an MPL Order
in Rule 7.31(h)(5) to provide that an
11 See Notice, 79 FR at 41615. Subparagraphs (1)–
(6) of current Rule 7.31(s) describe Cross Order
functionality that is applicable only when Cross
Orders are not designated IOC, and thus, according
to the Exchange, the proposal would render those
subparagraphs moot. Similarly, the Exchange
proposes to delete Rule 7.16(f)(v)(G) as that rule,
which provides that short sale cross orders priced
at or below the current national best bid will be
rejected during a Short Sale Period (defined in Rule
7.16(f)(iv)), would be inapplicable because Cross
Orders designated IOC cannot execute at or below
the current national best bid. Further, by virtue of
the proposed restriction of Cross Orders to those
with an IOC designation, the Exchange has
proposed to eliminate the Day Cross Order, and
thus a Cross Order with a Day modifier would be
rejected as a result of the proposal. Id.
12 See Notice, 79 FR at 41615. The Exchange also
proposes to replace the references in Rule 7.35 to
Auction-Only Limit with LOO and to Auction-Only
Market with MOO, and to delete the references to
Auction Only Limit Orders in Rule 7.35(f)(3)(E). Id.;
see also proposed Rule 7.35.
13 As a result, the use of the IOC modifier would
be limited to limit orders, and a market order
entered with an IOC modifier would be rejected.
See proposed Rule 7.31(c)(3); see also Notice, 79 FR
at 41615.
E:\FR\FM\04SEN1.SGM
04SEN1
Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Notices
MPL Order entered with a FOK modifier
will be rejected.
Furthermore, the Exchange has
proposed to delete commentary .04 to
Rule 7.6, as the commentary provides an
exception to Rule 7.6 (which governs
trading differentials) for Midpoint Cross
Orders, which would be eliminated as a
result of the instant proposal, and for
Midpoint Directed Fills, which were
eliminated in a prior rule filing.14 The
Exchange also proposes to delete
references to Cleanup Orders from Rules
7.34 and 7.35, as Cleanup Orders were
eliminated in the same prior rule filing
that eliminated Midpoint Directed
Fills.15
The Exchange has proposed, due to
the technology changes associated with
this proposal, to announce via Trader
Update the implementation date of the
elimination of the order types under this
proposal.16
III. Discussion and Commission
Findings
mstockstill on DSK4VPTVN1PROD with NOTICES
After careful review, the Commission
finds that the proposed rule change is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a national
securities exchange.17 In particular, the
Commission finds that the proposed
rule change is consistent with Section
6(b)(5) of the Act,18 which requires,
among other things, that the rules of a
national securities exchange be
designed to prevent fraudulent and
manipulative acts and practices, 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; and
are not designed to permit unfair
discrimination between customers,
issuers, brokers or dealers.
The Commission notes that the
instant proposal does not add any new
functionality but instead reduces the
number of order types and order type/
modifier combinations that will be
accepted by the Exchange, which
should simplify to a degree the order
type functionality available on the
Exchange. The Commission believes
that the proposed rule change should
14 See Notice, 79 FR at 41615–16; see also
Securities Exchange Act Release No. 71331 (January
16, 2014), 79 FR 3907 (January 23, 2014) (SR–
NYSEArca–2013–92).
15 Id.
16 See Notice, 79 FR at 41616.
17 In approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
18 15 U.S.C. 78f(b)(5).
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18:14 Sep 03, 2014
Jkt 232001
promote just and equitable principles of
trade, remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general, protect
investors and the public interest.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,19 that the
proposed rule change (SR–NYSEArca–
2014–75) be, and it hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–20998 Filed 9–3–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–72943; File No. SR–MIAX–
2014–45]
Self-Regulatory Organizations; Miami
International Securities Exchange LLC;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change to Amend the MIAX Fee
Schedule to Adopt Fees for MIAX
PRIME
August 28, 2014.
Pursuant to the provisions of 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 August 15, 2014, Miami International
Securities Exchange LLC (‘‘MIAX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) a 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.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange is filing a proposal to
amend the MIAX Options Fee Schedule.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://www.miaxoptions.com/filter/
wotitle/rulelfiling, at MIAX’s principal
office, and at the Commission’s Public
Reference Room.
19 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
20 17
PO 00000
Frm 00161
Fmt 4703
Sfmt 4703
52785
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 Exchange proposes to amend the
Fee Schedule to adopt transaction fees
and rebates for Members that participate
in the price improvement auction
(‘‘PRIME Auction’’ or ‘‘PRIME’’)
pursuant to Rule 515A.3 The Exchange
intends to implement the PRIME
Auction mechanism August 8, 2014 and
therefore proposes to add PRIME
Auction transaction fees and rebates to
the Fee Schedule so that such fees and
rebates will be in place once the PRIME
Auction mechanism is implemented.
PRIME is a process by which a
Member may electronically submit for
execution (‘‘Auction’’) an order it
represents as agent (‘‘Agency Order’’)
against principal interest and/or an
Agency Order against solicited interest.
The Agency Order is referred to as a
PRIME Agency Order for purposes of
the Fee Schedule. The Member that
submits the PRIME Agency Order (the
‘‘Initiating Member’’) agrees to
guarantee the execution of the PRIME
Agency Order by submitting a contraside order representing principal
interest or solicited interest (‘‘Contraside Order’’).4 When the Exchange
receives a properly designated Agency
Order for Auction processing, a Request
for Responses (‘‘RFR’’) detailing the
option, side, size, and initiating price
will be sent to all subscribers of the
Exchange’s data feeds. Members may
submit responses to the RFR (specifying
prices and sizes). RFR responses can be
3 See Exchange Rule 515A. See also Securities
Exchange Act Release Nos. 71640 (March 4, 2014),
79 FR 13334 (March 10, 2014) (SR–MIAX–2014–09)
(‘‘Notice’’); 72009 (April 23, 2014), 79 FR 24032
(April 29, 2014) (SR–MIAX–2014–09).
4 The paired order submitted to PRIME that
includes both the PRIME Agency Order and the
Contra-side Order is referred to as the PRIME Order
for purposes of the Fee Schedule.
E:\FR\FM\04SEN1.SGM
04SEN1
Agencies
[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Notices]
[Pages 52784-52785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20998]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-72942; File No. SR-NYSEArca-2014-75]
Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change Amending NYSE Arca Equities Rules 7.6,
7.11, 7.16, 7.31, 7.34, 7.35, 7.37 and 7.65 to Eliminate Certain Order
Types, Modifiers and Related References
August 28, 2014.
I. Introduction
On June 27, 2014, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
to eliminate certain order types, modifiers and related references from
the Exchange's rules. The proposed rule change was published for
comment in the Federal Register on July 16, 2014.\3\ The Commission
received no comment letters regarding the proposed rule change. This
order approves the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 72591 (July 10,
2014), 79 FR 41613 (``Notice'').
---------------------------------------------------------------------------
II. Description of the Proposal
The Exchange has proposed to amend NYSE Arca Equities Rules
(``Rule(s)'') 7.6, 7.11, 7.16, 7.31, 7.34, 7.35, 7.37 and 7.65 to
eliminate certain order types, modifiers and related references. The
Exchange states that it is proposing these rule changes in order to
streamline its rules and reduce complexity among its order type
offerings.\4\
---------------------------------------------------------------------------
\4\ See Notice, 79 FR at 41614.
---------------------------------------------------------------------------
Working Orders. The Exchange has proposed to eliminate five types
of working orders \5\--Passive Discretionary Orders, Discretion Limit
Orders, Sweep Reserve Orders, Random Reserve Orders, and PL Select
Orders--and to delete the definitions of these order types currently
set forth in Rule 7.31(h), as well as references to these order types
currently in Rules 7.11 and 7.37.\6\ In addition, in connection with
the proposed elimination of Passive Discretionary Orders and Sweep
Reserve Orders, the Exchange has proposed not to accept certain
combined orders that currently involve these order types, namely, the
Passive Discretionary Reserve Order (a Passive Discretionary Order used
in combination with a Reserve Order), Sweep Reserve with Discretion
Order (a Sweep Reserve Order entered with a discretionary price), and
Inside Limit Sweep Reserve Order (a Sweep Reserve Order entered with an
inside limit price).\7\
---------------------------------------------------------------------------
\5\ According to the Exchange, workings orders are orders with a
conditional or undisplayed price and/or size. Id.; see also Rule
7.31(h).
\6\ A more detailed description of these order types and the
provisions of Rules 7.11, 7.31(h) and 7.37 that would be deleted is
set forth in the Notice. See Notice, 79 FR at 41614; see also
proposed Rules 7.11, 7.31(h) and 7.37.
\7\ See Notice, 79 FR at 41614 n. 8 and 9.
---------------------------------------------------------------------------
Cross Orders. The Exchange has proposed to accept only one type of
cross order--Cross Orders designated IOC--and to revise its rules
accordingly. Currently, the Exchange defines a Cross Order in Rule
7.31(s), separately defines an IOC Cross Order in Rule 7.31(aa), and
separately defines additional types of cross orders in other provisions
of Rule 7.31. To effect the proposed change, the Exchange has proposed
to consolidate Rule 7.31(aa) into Rule 7.31(s), thereby creating one
provision that describes Cross Orders designated IOC, and to eliminate
the additional types of cross orders currently available on the
Exchange.\8\ Rule 7.31(aa) would be Consolidated into Rule 7.31(s) by:
(i) Adding the clause ``designated IOC'' to the definition of Cross
Order in Rule 7.31(s), (ii) moving to Rule 7.31(s) from Rule 7.31(aa)
text stating that Cross Orders that would lock or cross the PBBO or BBO
will be cancelled,\9\ and (iii) deleting Rule 7.31(aa).\10\ The
Exchange also has proposed to delete certain rule provisions that would
be rendered moot or inapplicable by this proposed change.\11\
---------------------------------------------------------------------------
\8\ The additional types of cross orders currently available on
the Exchange, and which would be eliminated under the proposal, are
the Midpoint Cross Order (currently defined in Rule 7.31(y)), Post
No Preference (``PNP'') Cross Order (currently defined in Rule
7.31(bb)), Cross-and-Post Order (currently defined in Rule
7.31(ff)), and Portfolio Crossing Service (``PCS'') Order (currently
defined in Rule 7.31(ii)). The definitions of these cross order
types currently set forth in Rule 7.31 would be deleted, as would
references to certain of these cross order types currently set forth
in Rules 7.34(g), 7.37(d) and 7.65. Id. at 41615.
\9\ The terms ``PBBO'' and ``BBO'' are defined in Rules 1.1(h)
and (dd), respectively.
\10\ See Notice, 79 FR at 41614-15; see also proposed Rule
7.31(s).
\11\ See Notice, 79 FR at 41615. Subparagraphs (1)-(6) of
current Rule 7.31(s) describe Cross Order functionality that is
applicable only when Cross Orders are not designated IOC, and thus,
according to the Exchange, the proposal would render those
subparagraphs moot. Similarly, the Exchange proposes to delete Rule
7.16(f)(v)(G) as that rule, which provides that short sale cross
orders priced at or below the current national best bid will be
rejected during a Short Sale Period (defined in Rule 7.16(f)(iv)),
would be inapplicable because Cross Orders designated IOC cannot
execute at or below the current national best bid. Further, by
virtue of the proposed restriction of Cross Orders to those with an
IOC designation, the Exchange has proposed to eliminate the Day
Cross Order, and thus a Cross Order with a Day modifier would be
rejected as a result of the proposal. Id.
---------------------------------------------------------------------------
Additional Order Types and Rule Reference Deletions. In addition to
the foregoing proposed changes with respect to working orders and cross
orders, the Exchange has proposed to eliminate or limit the operation
of five other order types. First, the Exchange has proposed to
eliminate the Market to Limit (``MTL'') Order, and thus to delete Rule
7.31(rr), which currently sets forth the definition of this order type.
Second, the Exchange has proposed to amend the definition of an
Auction-Only Order in Rule 7.31(t) to provide that the Exchange will
only accept the Auction-Only Orders specified therein, namely, Limit-
on-Open Orders (``LOO Order''), Market-on-Open Orders (``MOO Order''),
Limit-on-Close Orders (``LOC''), and Market-on-Close Orders
(``MOC'').\12\ Third, the Exchange proposes not to accept NOW Orders
with a Reserve Modifier, and thus to amend the definition of a NOW
Order in Rule 7.31(v) to provide that NOW Orders entered with a Reserve
modifier will be rejected. Fourth, the Exchange proposes not to accept
market orders with a NOW or IOC modifier, and thus to delete the
reference to market orders in the definition of the IOC modifier in
Rule 7.31(c)(3),\13\ and to amend the definition of a NOW Order in Rule
7.31(v) to provide that NOW Orders entered with a Market modifier will
be rejected. Lastly, the Exchange proposes to eliminate the use of a
Fill or Kill (``FOK'') modifier with a Mid-Point Liquidity (``MPL'')
Order, and thus to amend the definition of an MPL Order in Rule
7.31(h)(5) to provide that an
[[Page 52785]]
MPL Order entered with a FOK modifier will be rejected.
---------------------------------------------------------------------------
\12\ See Notice, 79 FR at 41615. The Exchange also proposes to
replace the references in Rule 7.35 to Auction-Only Limit with LOO
and to Auction-Only Market with MOO, and to delete the references to
Auction Only Limit Orders in Rule 7.35(f)(3)(E). Id.; see also
proposed Rule 7.35.
\13\ As a result, the use of the IOC modifier would be limited
to limit orders, and a market order entered with an IOC modifier
would be rejected. See proposed Rule 7.31(c)(3); see also Notice, 79
FR at 41615.
---------------------------------------------------------------------------
Furthermore, the Exchange has proposed to delete commentary .04 to
Rule 7.6, as the commentary provides an exception to Rule 7.6 (which
governs trading differentials) for Midpoint Cross Orders, which would
be eliminated as a result of the instant proposal, and for Midpoint
Directed Fills, which were eliminated in a prior rule filing.\14\ The
Exchange also proposes to delete references to Cleanup Orders from
Rules 7.34 and 7.35, as Cleanup Orders were eliminated in the same
prior rule filing that eliminated Midpoint Directed Fills.\15\
---------------------------------------------------------------------------
\14\ See Notice, 79 FR at 41615-16; see also Securities Exchange
Act Release No. 71331 (January 16, 2014), 79 FR 3907 (January 23,
2014) (SR-NYSEArca-2013-92).
\15\ Id.
---------------------------------------------------------------------------
The Exchange has proposed, due to the technology changes associated
with this proposal, to announce via Trader Update the implementation
date of the elimination of the order types under this proposal.\16\
---------------------------------------------------------------------------
\16\ See Notice, 79 FR at 41616.
---------------------------------------------------------------------------
III. Discussion and Commission Findings
After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\17\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\18\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, 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; and are not designed to permit unfair discrimination
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------
\17\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
\18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Commission notes that the instant proposal does not add any new
functionality but instead reduces the number of order types and order
type/modifier combinations that will be accepted by the Exchange, which
should simplify to a degree the order type functionality available on
the Exchange. The Commission believes that the proposed rule change
should promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, protect investors and the
public interest.
IV. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-NYSEArca-2014-75) be, and it
hereby is, approved.
---------------------------------------------------------------------------
\19\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------
\20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-20998 Filed 9-3-14; 8:45 am]
BILLING CODE 8011-01-P