Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To Eliminate Additional Order Type Combinations and Delete Related Rule Text and To Restructure the Remaining Rule Text in NYSE Arca Equities Rule 7.31, 12537-12542 [2015-05291]
Download as PDF
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File No. SR–ISE Gemini2015–04 and should be submitted by
March 30, 2015.9
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.
Brent J. Fields,
Secretary.
[FR Doc. 2015–05292 Filed 3–6–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[Release No. 34–74415; File No. SR–
NYSEArca–2015–08]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change To Eliminate Additional
Order Type Combinations and Delete
Related Rule Text and To Restructure
the Remaining Rule Text in NYSE Arca
Equities Rule 7.31
March 3, 2015.
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 February
19, 2015, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
the Securities and Exchange
Commission (‘‘SEC’’ or the
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comment on the proposed rule change
from interested persons.
mstockstill on DSK4VPTVN1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to eliminate
additional order type combinations and
delete related rule text and to
restructure the remaining rule text in
NYSE Arca Equities Rule 7.31. 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.
9 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
VerDate Sep<11>2014
18:04 Mar 06, 2015
Jkt 235001
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. Purpose
On June 5, 2014, in a speech entitled
‘‘Enhancing Our Market Equity
Structure,’’ Mary Jo White, Chair of the
Securities and Exchange Commission
(‘‘SEC’’ or the ‘‘Commission’’) requested
the equity exchanges to conduct a
comprehensive review of their order
types and how they operate in practice,
and as part of this review, consider
appropriate rule changes to help clarify
the nature of their order types.4
Subsequent to the Chair’s speech, the
SEC’s Division of Trading and Markets
requested that the equity exchanges
complete their reviews and submit any
proposed rule changes by November 1,
2014.5
The Exchange notes that it
continually assesses its rules governing
order types and undertook on its own
initiative a review of its rules related to
order functionality to assure that its
various order types, which have been
adopted and amended over the years,
accurately describe the functionality
associated with those order types, and
more specifically, how different order
types may interact. As a result of that
review, in 2013, the Exchange submitted
a proposed rule change, which the
Commission approved, to update its
rules relating to order types and
modifiers.6 The 2013 Review Filing did
4 See Mary Jo White, Chair, Securities and
Exchange Commission, Speech at the Sandler,
O’Neill & Partners, L.P. Global Exchange and
Brokerage Conference (June 5, 2014) (available at
www.sec.gov/News/Speech/Detail/Speech/
1370542004312#.U5HI-fmwJiw).
5 See Letter from James Burns, Deputy Director,
Division of Trading and Markets, Securities and
Exchange Commission, to Jeffrey C. Sprecher, Chief
Executive Officer, Intercontinental Exchange, Inc.,
dated June 20, 2014.
6 See Securities Exchange Act Release No. 71331
(Jan. 16, 2014), 79 FR 3907 (Jan. 23, 2014) (SR–
NYSEArca–2013–92) (Approval order) (‘‘2013
Review Filing’’).
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
12537
not add any new functionality but
instead enhanced and clarified
descriptions of the order type and
modifier functionality on the Exchange.
More recently, as part of its ongoing
review to streamline its rules and
reduce complexity among its order type
offerings, the Exchange filed a proposed
rule change, which the Commission
approved, to eliminate specified order
types, modifiers, and related
references.7
The Exchange is filing this proposed
rule change to continue its efforts to
review and clarify its rules governing
order types. First, the Exchange has
identified additional order types and
functionality to eliminate and proposes
to delete related rule text in NYSE Arca
Equities Rule 7.31 (‘‘Rule 7.31’’), as
described in more detail below.
Second, the Exchange is proposing
certain non-substantive and clarifying
changes to its rules. As Rule 7.31 has
been amended through the years,
additional order types and modifiers
have been added as new subsections to
what was the end of the rule text at any
given time. Accordingly, the rule text
describes the Exchange’s order types
and modifiers in the order in which
those order types and modifiers were
added. In addition, when rule text has
been deleted and replaced with
references to ‘‘Reserved,’’ the
subsections have not been renumbered.
The Exchange proposes to provide
additional clarity to Rule 7.31 by regrouping and re-numbering current rule
text, removing references to ‘‘reserved’’
subsections, and making other nonsubstantive, clarifying changes. In this
regard, the proposed rule changes are
not intended to reflect changes to
functionality but rather to clarify Rule
7.31 to make it easier to navigate.8
Proposed Elimination of Additional
Orders and Modifiers
As part of its review, the Exchange
has identified the following additional
order types and functionality to
eliminate:
• All-or-None (‘‘AON’’) Orders: An
AON Order is a limit order that is to be
executed in its entirety or not at all. A
limit order marked AON does not trade
through a Protected Quotation. AONs
are defined as a type of Working Order,
currently set forth in Rule 7.31(h)(1). To
7 See Securities Exchange Act Release No. 72942
(Aug. 28, 2014), 79 FR 52784 (Sept. 4, 2014) (SR–
NYSEArca–2014–75) (Approval order) (‘‘2013
Deletion Filing’’).
8 The Exchange notes that its affiliated exchanges,
New York Stock Exchange LLC (‘‘NYSE’’) and
NYSE MKT LLC are proposing similar restructuring
of their respective order type rules to group order
types and modifiers. See SR–NYSE–2014–59 and
SR–NYSEMKT–2014–95.
E:\FR\FM\09MRN1.SGM
09MRN1
mstockstill on DSK4VPTVN1PROD with NOTICES
12538
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices
effectuate the proposed elimination of
AON Orders, the Exchange proposes not
to include current Rule 7.31(h)(1) in the
rule restructuring, described below. The
Exchange proposes to make conforming
changes to Rules 7.36(a)(2)(C) and
current Rule 7.37(b)(2)(A)(ii) to reflect
the elimination of AON.9
• Primary Sweep Orders (‘‘PSO’’): A
PSO is a Primary Only Order (defined
in Rule 7.31(x)) that first sweeps the
Exchange’s book before routing to the
primary market. PSOs may only be day
or IOC, and may not be designated as
GTC or an ISO. PSOs are currently set
forth in Rule 7.31(kk). To effectuate the
proposed elimination, the Exchange
proposes not to include current Rule
7.31(kk) in the rule restructuring,
described below.
In addition, the Exchange has
identified additional order type
functionality combinations that would
no longer be accepted:
• Reserve Orders designated IOC:
Rule 7.31(h)(3) governing Reserve
Orders currently provides that Reserve
Orders must be in round lots and cannot
be combined with an order type that
could never be displayed. The Exchange
proposes to further specify that Reserve
Orders may not be designated with an
Immediate or Cancel (‘‘IOC’’) time-inforce modifier, which would be stated
in new Rule 7.31(d)(2) governing
Reserve Orders.
• Inside Limit Orders designated IOC:
Inside Limit Orders, which are currently
defined in Rule 7.31(d), are limit orders
that, if routed away, are routed to the
market participant with the best
displayed price. If there is an unfilled
portion of such an order, it will not be
routed to the next best price level until
all quotes at the current best bid or offer
are exhausted. The Exchange proposes
to specify that Inside Limit Orders may
not be designated IOC because the
Exchange believes that the IOC time-inforce modifier is inconsistent with the
purpose of an Inside Limit Order, which
is to wait for each price point to be
cleared before being executed or routed
to additional price points. This change
would be included in new Rule
7.31(a)(3).
• PNP Blind Orders: Rule 7.31(mm)
currently specifies that a PNP Blind
order may be combined with an Add
Liquidity Only (‘‘ALO’’) Order. The
Exchange proposes to amend the rule
text governing PNP Blind to provide
that a PNP Blind order that is combined
with an ALO modifier may not also be
9 The Exchange also proposes non-substantive
changes to Rule 7.37 to delete references to
‘‘reserved’’ and re-number the rule text accordingly.
Current Rule 7.37(b)(2)(A)(ii), as amended, would
be renumbered to Rule 7.37(b)(1)(A).
VerDate Sep<11>2014
18:04 Mar 06, 2015
Jkt 235001
designated Reserve. This change would
be included in new Rule 7.31(e)(4).
The Exchange believes that by
eliminating the above-described order
types and functionality, the Exchange
would further streamline its rules and
reduce complexity among the order
types offered at the Exchange.
Because of technology changes
associated with eliminating the abovedescribed order types and functionality,
the Exchange will announce by Trader
Update the implementation date of
these proposed changes.
Proposed Rule 7.31 Restructure
The Exchange proposes to re-structure
Rule 7.31 to re-group existing order
types and modifiers together along
functional lines.
Proposed new subsection (a) of Rule
7.31 would set forth the Exchange’s
order types that are the foundation for
all other order type instructions, i.e., the
primary order types. All orders entered
at the Exchange must be designated
with an identifier associated with a
primary order type, together with such
other technical specifications as may be
applicable for a specific order or
modifier combination. The Exchange,
therefore, believes that clearly
identifying the primary order types in
Exchange rules would provide
transparency for ETP Holders of how to
designate orders entered at the
Exchange. The proposed primary order
types would be:
• Market Orders. Current Rule 7.31(a)
describing Market Orders and related
subsections would be moved to new
Rule 7.31(a)(1). In moving the rule text
currently set forth in Rule 7.31(a)(3)(A),
the Exchange proposes non-substantive
revisions to delete the phrase ‘‘unless
marked IOC’’ because Market Orders
cannot be designated IOC 10 and to
capitalize the terms ‘‘Market Order’’. In
addition, the Exchange proposes a
clarifying change to the second sentence
of current Rule 7.31(a), which currently
provides that Market Orders shall be
rejected if there is no bid or offer.
Because such rejection is based on
whether there is a contra-side bid or
offer (i.e., a Market Order to sell is
rejected if there is no bid), the Exchange
proposes to clarify this sentence in new
Rule 7.31(a)(1) to provide that ‘‘Market
Orders are rejected if there is no contraside bid or offer.’’
• Limit Orders. Current Rule 7.31(b)
describing Limit Orders and related
subsections would be moved to new
10 In the 2013 Deletion Filing, the Exchange
amended the definition of IOC to specify that it is
only available for Limit Orders. See 2013 Deletion
Filing, supra n. 7.
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
Rule 7.31(a)(2). The Exchange proposes
a non-substantive change to capitalize
the term ‘‘Limit Order’’ in new Rule
7.31(a)(2) and make conforming changes
to references to ‘‘limit order’’ in the
remainder of Rule 7.31, as specified
below. In addition, the Exchange
proposes a clarifying change to the
second sentence of current Rule 7.31(b),
which currently provides that a
marketable limit order is a limit order to
buy (sell) at or above (below) the PBBO
for the security. Because marketability is
based on the contra-side PBBO (i.e., a
Limit Order to buy is marketable against
the PBO), the Exchange proposes to
clarify this sentence in new Rule
7.31(a)(2) to provide that: ‘‘A
‘marketable’ Limit Order is a Limit
Order to buy (sell) at or above (below)
the contra-side PBBO for the security.’’
• Inside Limit Orders. Current Rule
7.31(d) describing Inside Limit Orders
would be moved to new Rule 7.31(a)(3).
The Exchange proposes clarifying
amendments to new Rule 7.31(a)(3) to
replace references to ‘‘best displayed
price’’ with references to ‘‘contra-side
NBBO.’’ As set forth in Rule 7.37, Inside
Limit Orders are priced based on the
NBBO. Accordingly, the Exchange
believes that referencing the NBBO in
new Rule 7.31(a)(3) would eliminate the
need for a market participant to review
two rules, Rules 7.31 and 7.37, to
determine that the term ‘‘best displayed
price’’ refers to the NBBO. The
Exchange also proposes to add new text
to Rule 7.31(a)(3) to clarify that after an
Inside Limit Order has been routed to a
contra-side NBBO, the Exchange
displays the Inside Limit Order at that
now-exhausted contra-side NBBO price
while the Exchange waits for an
updated NBBO to be displayed. As
provided for in the current rule, once a
new contra-side NBBO is displayed, the
Exchange will route to that single price
point and continue such assessment at
each new contra-side NBBO until the
order is filled or no longer marketable.
In addition, to effect the abovedescribed proposal to provide that
Inside Limit Orders may not be
designated IOC, the Exchange proposes
to add to new Rule 7.31(a)(3)(D) that an
Inside Limit Order may not be
designated as IOC. Because an Inside
Limit Order may still be designated as
NOW, which is a distinct time-in-force
modifier from IOC, the Exchange also
proposes to add to new Rule
7.31(a)(3)(D) that an Inside Limit Order
may be designated as NOW. The
Exchange further proposes nonsubstantive changes to the rule text
governing Inside Limit Orders to
separate the existing text into sub-
E:\FR\FM\09MRN1.SGM
09MRN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices
sections, which the Exchange believes
would make the rule text easier to
navigate.
Proposed new subsection (b) of Rule
7.31 would set forth the Time in Force
Modifiers that the Exchange makes
available for orders entered at the
Exchange. In the 2013 Review Filing,
the Exchange grouped its existing timein-force modifiers together in current
Rule 7.31(c).11 As proposed, Rule
7.31(c) would be redesignated as Rule
7.31(b), without changing the rule text.
In addition, the Exchange proposes to
move the rule text governing NOW
Orders, currently in Rule 7.31(v), to new
Rule 7.31(b)(5). The Exchange believes
that ‘‘NOW Orders’’ are appropriately
included with the time-in-force
modifiers because a NOW Order
designation provides for an immediate
execution of an order in whole or in part
on the Exchange with the unexecuted
portion routed to away markets
consistent with Rule 7.37(d), and the
portion not so executed cancelled. The
Exchange also believes that the ‘‘NOW’’
designation is more appropriately
described as a modifier rather than as an
order, and therefore proposes to re-name
it as a ‘‘NOW Modifier’’ and make
conforming changes in other Exchange
rules. In addition, the Exchange notes
that it routes orders designated NOW to
all available quotes in the routing
determination, consistent with Rule
7.37(d)(2). The Exchange therefore
proposes to delete the references in the
rule text to NOW recipients and replace
such references with rule text that
specifies that orders with a NOW
modifier would be routed to all
available quotations in the routing
determination, including Protected
Quotations.
Proposed new subsection (c) of Rule
7.31 would specify the Exchange’s
existing Auction-Only Orders, which
the Exchange last revised in the 2013
Deletion Filing.12 The Exchange
proposes non-substantive changes to the
definitions of Limit-on-Open Orders,
Market-on-Open Orders, Limit-on-Close
Orders, and Market-on-Close Orders,
which would be defined in proposed
Rule 7.31(c)(1)–(4), respectively. The
Exchange further proposes to delete rule
text in proposed Rules 7.31(c)(1), (c)(2),
(c)(3), and (c)(4), as duplicative of the
general definition of Auction Only
Orders in proposed new Rule 7.31(c).
The Exchange further proposes to add to
Rule 7.31(c) existing rule text from these
subsections, as modified, that the
Exchange would reject any AuctionOnly Orders in securities that are not
11 See
12 See
2013 Review Filing, supra n. 6.
2013 Deletion Filing, supra n. 7.
VerDate Sep<11>2014
18:04 Mar 06, 2015
Jkt 235001
eligible for an auction on the Exchange
or if an auction is suspended pursuant
to Rule 7.35(g).
Proposed new subsection (d) of Rule
7.31 would specify the Exchange’s
Working Orders, which are currently
defined in Rule 7.31(h). As noted above,
the Exchange proposes to eliminate
AON Orders. Accordingly, [sic]
• Discretionary Orders. Current Rule
7.31(h)(2) would be moved to new Rule
7.31(d)(1) without any substantive
changes to the rule text (the Exchange
would capitalize the term ‘‘Limit
Order’’).
• Reserve Orders. Current Rule
7.31(h)(3) would be moved to new Rule
7.31(d)(2) and the Exchange proposes
non-substantive changes to capitalize
the term ‘‘Limit Order’’ and delete a
duplicative use of the word ‘‘Order.’’ To
effect the change described above that
Reserve Orders may not be designated
IOC, the Exchange proposes to add to
new Rule 7.31(d)(2) that Reserve Orders
may not be designated IOC. The
Exchange also proposes to clarify that
the existing requirement that Reserve
Orders be in round lots applies to the
displayed quantity of the Reserve Order.
• Passive Liquidity Orders. Current
Rule 7.31(h)(4) would be moved to new
Rule 7.31(d)(3). The Exchange notes that
Rule 7.31(h)(4) currently provides that
‘‘[a] Passive Liquidity Order must be
designated as an Inside Limit Order.’’
This requirement refers to the identifier
associated with entering Passive
Liquidity Orders at the Exchange. The
description of how Passive Liquidity
Orders operate is in current Rule
7.31(h)(4), and proposed new Rule
7.31(d)(3). As noted above, the
Exchange now proposes to separately
define the Exchange’s primary order
types. In connection with this proposal,
the Exchange proposes to reorganize the
description of Passive Liquidity Orders
to delete the separate phrase ‘‘[a]
Passive Liquidity Order must be
designated as an Inside Limit Order’’
and replace the term ‘‘order’’ in the first
sentence of the rule with a reference to
‘‘Inside Limit Order.’’ The Exchange
also proposes to clarify that a Passive
Liquidity Order does not route.
• Mid-Point Passive Liquidity
(‘‘MPL’’) Orders. Current Rule 7.31(h)(5)
would be moved to new Rule 7.31(d)(4).
The Exchange proposes to make nonsubstantive changes to the rule text to
make it easier to read, including adding
new subsections and deleting obsolete
rule text and capitalizing the term
‘‘Limit Order.’’ The Exchange also
proposes to specify that the primary
order type for an MPL Order is a Limit
Order rather than a Passive Liquidity
Order because an MPL Order does not
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
12539
use the Inside Limit Order primary
order type (and related technical
identifier). Because a Passive Liquidity
Order is by definition an undisplayed
order, and because the Exchange is
proposing to delete reference to Passive
Liquidity Order as part of the MPL
Order definition, the Exchange proposes
to specify that MPL Orders are
undisplayed. This proposed addition to
the definition of MPL Orders is nonsubstantive because Passive Liquidity
Orders are undisplayed orders and,
thus, the current description of MPL
Orders as Passive Liquidity Orders
incorporates the undisplayed
functionality of MPL Orders.
The Exchange also proposes to
include new text that explicitly states
that an incoming order marketable
against a resting MPL Order with
minimum execution size specifications
will not execute against such MPL
Order unless it meets the minimum size
restrictions and, instead, will trade
through such MPL Order. The Exchange
believes this additional rule language
would provide clarity and transparency
that when an MPL Order also includes
a minimum execution size, it may be
traded through by incoming marketable
orders that do not satisfy the minimum
execution size condition.
• MPL–IOC Order. Current Rule
7.31(h)(6) would be moved to new Rule
7.31(d)(5) without any substantive
changes to the rule text.
Proposed new subsection (e) of Rule
7.31 would specify the Exchange’s
existing order types that, by definition,
do not route. The order types proposed
to be included in this new subsection
are:
• ALO Order. Current Rule 7.31(nn)
would be moved to new Rule 7.31(e)(1).
The current rule provides that an ALO
must be designated as either a PNP or
MPL and the Exchange proposes to
clarify that the reference to PNP
includes PNP Blind orders. This
proposed change does not alter any
existing functionality associated with
ALO because PNP Blind orders are by
definition PNP Orders. The Exchange
further notes that all functionality
associated with PNP Orders, including
the ability to be designated ISO, are
applicable to PNP Orders that are
designated ALO.
• Intermarket Sweep Order. Current
Rule 7.31(jj) would be moved to new
Rule 7.31(e)(2) without any substantive
changes to the rule text (the Exchange
would capitalize the term ‘‘Limit
Order’’).
• PNP Order (Post No Preference).
Current Rule 7.31(w) would be moved
to new Rule 7.31(e)(3). Because PNP
Orders cannot be combined with Inside
E:\FR\FM\09MRN1.SGM
09MRN1
mstockstill on DSK4VPTVN1PROD with NOTICES
12540
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices
Limit Orders, the Exchange proposes to
delete the following rule text: ‘‘A PNP
Inside Limit Order shall not lock or
cross Manual Quotations’’ when moving
the rule text to new Rule 7.31(e)(3). The
Exchange proposes a non-substantive
change to the rule text to capitalize the
term ‘‘Limit Order.’’
• PNP Blind. Current Rule 7.31(mm)
would be moved to new Rule 7.31(e)(4)
without any substantive changes to the
rule text (the Exchange would capitalize
the term ‘‘PNP Order’’). As discussed
above, the Exchange proposes to
provide in new Rule 7.31(e)(4) that a
PNP Blind order combined with ALO
may not be designated as a Reserve
Order.
• Cross Order. Because Cross Orders
do not route, the Exchange proposes to
move current Rule 7.31(s) to new Rule
7.31(e)(5) without any changes to the
rule text.13
• Tracking Order. Current Rule 7.31(f)
would be moved to new Rule 7.31(e)(6).
The Exchange proposes to make the
following clarifying changes to the rule
text. First, the Exchange is proposing to
clarify that a Tracking Order is eligible
to execute against a contra-side order
equal to or less than the size of a
Tracking Order and to specify that that
the size requirement relates to
comparing the incoming contra-side
order to the size of a resting Tracking
Order, not Tracking Orders in the
aggregate. Second, because Tracking
Orders execute at the price of the sameside NBBO, provided such price is equal
to or better than the price of the
Tracking Order, the Exchange proposes
to clarify in new Rule 7.31(e)(6) that a
Tracking Order will execute at the price
of the same-side NBBO provided that
such price shall not trade through a
Protected Quotation or the price of the
Tracking Order.
Proposed new subsection (f) of Rule
7.31 would specify the Exchange’s
existing order types that by definition,
include specified routing instructions.
As noted above, the Exchange proposes
to delete Primary Sweep Orders.
Accordingly, new subsection (f) would
not include Primary Sweep Orders. The
order types proposed to be included in
this new subsection are:
• Primary Only Order (‘‘PO Order’’).
Current Rule 7.31(x) would be moved to
new Rule 7.31(f)(1) without any
substantive changes to the rule text (the
Exchange would capitalize the terms
‘‘Limit Order’’ and ‘‘Market Order’’).
• Primary Until 9:45 Order. Current
Rule 7.31(oo) would be moved to new
13 The Exchange revised its Cross Order
functionality in the 2013 Deletion Filing. See 2013
Deletion Filing, supra n. 7.
VerDate Sep<11>2014
18:04 Mar 06, 2015
Jkt 235001
Rule 7.31(f)(2) without any substantive
changes to the rule text (the Exchange
would capitalize the term ‘‘Limit
Order’’).
• Primary After 3:55 Order. Current
Rule 7.31(pp) would be moved to new
Rule 7.31(f)(3) without any substantive
changes to the rule text (the Exchange
would capitalize the term ‘‘Limit
Order’’).
Proposed new subsection (g) of Rule
7.31 would include the Exchange’s
other existing order instructions and
modifiers, including:
• Pegged Order. Current Rule 7.31(cc)
would be moved to new Rule 7.31(g)(1)
without any substantive changes to the
rule text (the Exchange would capitalize
the term ‘‘Limit Order’’).
• Proactive if Locked Modifier.
Current Rule 7.31(hh) would be moved
to new Rule 7.31(g)(2) without any
substantive changes to the rule text (the
Exchange would capitalize the term
‘‘Limit Order’’).
• Do Not Reduce Modifier. Current
Rule 7.31(n) would be moved to new
Rule 7.31(g)(3) without any substantive
changes to the rule text (the Exchange
would capitalize the term ‘‘Limit
Order’’).
• Do Not Increase Modifier. Current
Rule 7.31(o) would be moved to new
Rule 7.31(g)(4) without any substantive
changes to the rule text (the Exchange
would capitalize the term ‘‘Limit
Order’’).
• Self Trade Prevention Modifier
(‘‘STP’’). Current Rule 7.31(qq) would be
moved to new Rule 7.31(g)(5) without
any substantive changes.
Finally, proposed new subsection (h)
of Rule 7.31 would describe Q Orders,
an existing order type available for
Exchange Market Makers, which are
currently defined in Rule 7.31(k). In
moving the rule text, the Exchange
proposes to delete the subsections
marked ‘‘reserved’’ and renumber the
remaining subsections accordingly. The
Exchange also proposes to clarify in
new Rule 7.31(h)(3) that Q Orders do
not route.
Additional Proposed Amendments
To reflect the changes proposed to
Rule 7.31, the Exchange proposes to
make conforming, non-substantive
changes to Rules 7.35, 7.36, and 7.37, as
follows:
• Amend Rule 7.35 to capitalize the
terms ‘‘Market Order’’ and ‘‘Limit
Order,’’ replace the term ‘‘Limited
Priced Order’’ with the term ‘‘Limit
Order,’’ and use the terms ‘‘LOC Order’’
and ‘‘MOC Order’’ instead of ‘‘Limit-onClose Order’’ and ‘‘Market-on-Close
Order.’’ In Rule 7.35(e), the Exchange
proposes to delete the reference to a
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
Closing Auction for NYSE-listed
securities subject to a sub-penny trading
condition under NYSE Rule 123D, as
that condition no longer exists on
NYSE. In addition, because the
Exchange does not run a Market Order
Auction in Nasdaq-listed securities
(other than of Derivative Securities
Products as defined in Rule
7.34(a)(4)(A), and as specified in Rule
7.35(c)), the Exchange proposes to
delete all references to Nasdaq-Listed
securities and related rule text in Rules
7.35(c)(1)(B), (c)(2)(B), and (c)(3)(B).
Similarly, because the Exchange only
runs a Trading Halt Auction in
securities that are listed on the
Exchange, the Exchange proposes to
delete references to how Trading Halt
Auctions operate for securities other
than those listed on the Exchange, and
as currently described in Rules
7.35(f)(1)(A) and (B), (f)(4)(A), and
(f)(4)(B), and re-number existing Rule
7.36(f)(4)(C) as Rule 7.36(f)(4);
• Amend Rule 7.36 to capitalize the
term ‘‘Limit Order’’; and Amend Rule
7.37 to capitalize the term ‘‘Reserve
Order,’’ use the term ‘‘ISO’’ instead of
‘‘Intermarket Sweep Order,’’ replace the
term ‘‘Limited Price Order’’ with the
term ‘‘Limit Order,’’ remove references
to the term ‘‘Reserved’’ from current
Rule 7.37(a) and (b) and re-number the
subsections of the rule accordingly, and
update the cross-reference to the rule
cite for Passive Liquidity Orders in new
Rule 7.37(a)(1).
The Exchange also proposes to amend
Rule 7.36 to clarify how the Exchange
treats non-marketable odd-lot orders
that are priced better than the bestpriced round lot interest at the
Exchange for purposes of determining
the best ranked displayed order(s) on
the Exchange. Specifically, when
disseminating the Exchange’s best
ranked displayed orders to either the
Consolidated Quotation System (for
Tape A and B securities) or the UTP
Plan (for Tape C securities) (together,
the ‘‘public data feeds’’), the Exchange
aggregates non-marketable odd-lot
interest at multiple price points and if
they equal a round lot or more, displays
the aggregated odd-lot orders in a round
lot quantity at the least aggressive price
at which such odd-lot sized orders can
be aggregated to equal at least a round
lot. For example, if the Exchange has a
bid of 100 shares at 10.00, 50 shares at
10.01 and 60 shares at 10.02, the
Exchange’s best bid published to the
public data feeds would be 100 shares
at 10.01. Similarly, if the Exchange has
an offer of 100 shares at 10.05, 50 shares
at 10.04, and 60 shares at 10.03, the
Exchange’s best offer published to the
public data feeds would be 100 shares
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices
at 10.04. To reflect this clarification, the
Exchange proposes to amend Rule
7.36(c) to provide that if non-marketable
odd-lot sized orders at different price
points equal at least a round lot, such
odd-lot sized orders would be displayed
as the best ranked displayed orders to
sell (buy) at the least aggressive price at
which such odd-lot sized orders can be
aggregated to equal at least a round lot.
Finally, the Exchange proposes to
amend Rule 7.38(a)(1) regarding Odd
Lots to specify the order types that may
not be entered as odd lots. Currently,
Rule 7.38(a)(1) provides that odd lot
orders may not be Working Orders,
Tracking Orders, etc. However, to reflect
certain amendments to Rule 7.31, which
were not incorporated in Rule 7.38,14
and to provide more specificity, the
Exchange proposes to clarify Rule
7.38(a)(1) to provide that the following
orders may not be entered as odd lots:
Reserve Orders, MPL–IOC Orders,
Tracking Orders, and Q Orders. The
Exchange also proposes a nonsubstantive change to Rule 7.38(a)(2) to
remove an extraneous period at the end
of the sentence.
2. Statutory Basis
mstockstill on DSK4VPTVN1PROD with NOTICES
The proposed rule change is
consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),15 in general, and furthers the
objectives of Section 6(b)(5),16 in
particular, because it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, 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. Specifically, the
Exchange believes that eliminating AON
and PSO Orders, as well as reducing
specified order type combinations,
would remove impediments to and
perfect the mechanism of a free and
open market by simplifying
functionality and complexity of its order
types. The Exchange believes that
eliminating these order types would be
consistent with the public interest and
the protection of investors because
14 E.g., In 2011, the Exchange amended Rule
7.31(h)(5) to lower the minimum order entry size
to one share for MPL Orders. See Securities
Exchange Act Release No. 64523 (May 19, 2011), 76
FR 30417 (May 24, 2011) (SR–NYSEArca-2011–29)
(Notice of filing of proposed rule change amending
Rule 7.31(h)(5) to reduce the minimum order entry
size of MPL Orders from 100 shares to one share).
15 15 U.S.C. 78f(b).
16 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014
18:04 Mar 06, 2015
Jkt 235001
investors will not be harmed and in fact
would benefit from the removal of
complex functionality. The Exchange
further believes that removing crossreferences to AON in Rules 7.36 and
7.37 would remove impediments to and
perfect the mechanism of a free and
open market because it would reduce
potential confusion that may result from
having such cross references in the
Exchange’s rulebook. Removing such
obsolete cross references would also
further the goal of transparency and add
clarity to the Exchange’s rules.
The Exchange further believes that the
proposed restructuring of Rule 7.31, to
group existing order types to align by
functionality, delete subsections marked
‘‘reserved’’, and clarify rule text also
would remove impediments to and
perfect the mechanism of a free and
open market by ensuring that members,
regulators, and the public can more
easily navigate the Exchange’s rulebook
and better understand the order types
available for trading on the Exchange.
The Exchange believes that the related,
proposed conforming changes to Rules
7.35, 7.36, 7.37 and 7.38 similarly
would remove impediments to and
perfect the mechanism of a free and
open market by assuring consistency of
terms used in the Exchange’s rulebook.
The Exchange also believes that the
proposed amendment to Rule 7.38 to
specify which orders may not be odd
lots provides more specificity to the
Exchange’s rulebook, thereby similarly
promoting transparency and thus
removing impediments and perfecting
the mechanism of a free and open
market.
Finally, the Exchange believes that
the proposed amendment to Rule 7.36 to
specify how the Exchange aggregates
non-marketable odd-lot sized orders at
multiple price points that equal a round
lot for purposes of determining the
Exchange’s best ranked displayed
order(s) would remove impediments to
and perfect the mechanism of a free and
open market and a national market
system because it provides greater
specificity regarding how the Exchange
determines its best bid or offer for
display on the public data feeds. The
Exchange further believes that it would
remove impediments to and perfect the
mechanism of a free and open market
and a national market system to
aggregate such non-marketable odd-lot
orders because pursuant to Rule 7.38(b),
odd-lot orders are ranked and executed
in the same manner as round lot orders,
and therefore, incoming marketable
contra-side orders would execute
against resting non-marketable odd-lot
orders that represent the best price on
the Exchange. Because arriving
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
12541
marketable contra-side orders execute in
price-time priority against resting oddlot orders priced better than resting
round-lot orders, the Exchange believes
that it is appropriate to display such
odd-lot interest on the public data feeds
as the Exchange’s best bid or offer if in
the aggregate, they equal a round lot or
more. The Exchange further believes
that aggregating such odd-lot orders at
the least aggressive price point from
among those odd-lot orders would
remove impediments to and perfect the
mechanism of a free and open market
because it represents the lowest possible
execution price (for incoming sell
orders) or highest possible execution
price (for incoming buy orders). The
Exchange notes that the incoming
marketable interest would receive price
improvement when executing against
any odd-lot orders priced better than the
aggregated displayed price.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed change is not designed to
address any competitive issue but rather
would remove complex functionality
and re-structure Rule 7.31 and make
conforming changes to related Exchange
rules, thereby reducing confusion and
making the Exchange’s rules easier to
navigate.
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
Within 45 days of the date of
publication of this notice in the Federal
Register or up to 90 days (i) as the
Commission may designate if it finds
such longer period to be appropriate
and publishes its reasons for so finding
or (ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) by order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
E:\FR\FM\09MRN1.SGM
09MRN1
12542
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices
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–2015–08 on the subject line.
mstockstill on DSK4VPTVN1PROD with NOTICES
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2015–08. 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 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–2015–08 and should be
submitted on or before March 30, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Brent J. Fields,
Secretary.
[FR Doc. 2015–05291 Filed 3–6–15; 8:45 am]
BILLING CODE 8011–01–P
17 17
SMALL BUSINESS ADMINISTRATION
[License No. 03/03–0236]
Legg Mason SBIC Mezzanine Fund,
L.P.; Notice Seeking Exemption Under
Section 312 of the Small Business
Investment Act, Conflicts of Interest
Notice is hereby given that Legg
Mason SBIC Mezzanine Fund, L.P.,
2330 W. Joppa Road, Suite 320,
Lutherville, MD 21093, a Federal
Licensee under the Small Business
Investment Act of 1958, as amended
(the ‘‘Act’’), in connection with the
financing of a small concern, has sought
an exemption under Section 312 of the
Act and Section 107.730, Financings
which Constitute Conflicts of Interest of
the Small Business Administration
(‘‘SBA’’) Rules and Regulations (13 CFR
107.730). Legg Mason SBIC Mezzanine
Fund, L.P. has provided equity
financing to Die Cast Holdings, Inc.,
3400 Wentworth Drive SW., Wyoming,
MI 49509. The proceeds were used to
recapitalize the company.
The financing is brought within the
purview of § 107.730(a)(1) of the
Regulations because an individual that
was an employee of Legg Mason SBIC
Mezzanine Fund, L.P.’s investment
advisor at the time of the financing
became an officer of Die Cast Holdings,
Inc. within the six month period
following the financing, and therefore
this transaction is considered financing
an Associate requiring SBA prior
written exemption.
Notice is hereby given that any
interested person may submit written
comments on the transaction within
fifteen days of the date of this
publication to the Associate
Administrator for the Office of
Investment and Innovation, U.S. Small
Business Administration, 409 Third
Street SW., Washington, DC 20416.
Dated: February 25, 2015.
Javier E. Saade,
Associate Administrator for Office of
Investment and Innovation.
[FR Doc. 2015–05321 Filed 3–6–15; 8:45 am]
BILLING CODE 8025–01–P
SOCIAL SECURITY ADMINISTRATION
[Docket No: SSA–2015–0008]
Agency Information Collection
Activities: Proposed Request
The Social Security Administration
(SSA) publishes a list of information
collection packages requiring clearance
by the Office of Management and
Budget (OMB) in compliance with
Public Law 104–13, the Paperwork
Reduction Act of 1995, effective October
1, 1995. This notice includes revisions
and an extension of OMB-approved
information collections.
SSA is soliciting comments on the
accuracy of the agency’s burden
estimate; the need for the information;
its practical utility; ways to enhance its
quality, utility, and clarity; and ways to
minimize burden on respondents,
including the use of automated
collection techniques or other forms of
information technology. Mail, email, or
fax your comments and
recommendations on the information
collection(s) to the OMB Desk Officer
and SSA Reports Clearance Officer at
the following addresses or fax numbers.
(OMB)
Office of Management and Budget,
Attn: Desk Officer for SSA, Fax: 202–
395–6974, Email address: OIRA_
Submission@omb.eop.gov.
(SSA)
Social Security Administration,
OLCA, Attn: Reports Clearance Director,
3100 West High Rise, 6401 Security
Blvd., Baltimore, MD 21235, Fax: 410–
966–2830, Email address:
OR.Reports.Clearance@ssa.gov.
Or you may submit your comments
online through www.regulations.gov,
referencing Docket ID Number [SSA–
2015–0008].
The information collections below are
pending at SSA. SSA will submit them
to OMB within 60 days from the date of
this notice. To be sure we consider your
comments, we must receive them no
later than May 8, 2015. Individuals can
obtain copies of the collection
instruments by writing to the above
email address.
1. Application for Parent’s Insurance
Benefits—20 CFR 404.370–404.374, and
404.601–404.603—0960–0012. Section
202(h) of the Social Security Act
establishes the conditions of eligibility a
claimant must meet to receive monthly
benefits as a parent of a deceased
worker. SSA uses information from
Form SSA–7–F6 to determine if the
claimant meets the eligibility and
application criteria. The respondents are
applicants for, and recipients of, Social
Security Old Age, Survivors, and
Disability Insurance (OASDI).
Type of Request: Revision of an OMBapproved information collection.
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
18:04 Mar 06, 2015
Jkt 235001
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
E:\FR\FM\09MRN1.SGM
09MRN1
Agencies
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Notices]
[Pages 12537-12542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05291]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74415; File No. SR-NYSEArca-2015-08]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change To Eliminate Additional Order Type Combinations
and Delete Related Rule Text and To Restructure the Remaining Rule Text
in NYSE Arca Equities Rule 7.31
March 3, 2015.
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 February 19, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission
(``SEC'' or the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
self-regulatory organization. The Commission is publishing this notice
to solicit comment 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 eliminate additional order type
combinations and delete related rule text and to restructure the
remaining rule text in NYSE Arca Equities Rule 7.31. 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
On June 5, 2014, in a speech entitled ``Enhancing Our Market Equity
Structure,'' Mary Jo White, Chair of the Securities and Exchange
Commission (``SEC'' or the ``Commission'') requested the equity
exchanges to conduct a comprehensive review of their order types and
how they operate in practice, and as part of this review, consider
appropriate rule changes to help clarify the nature of their order
types.\4\ Subsequent to the Chair's speech, the SEC's Division of
Trading and Markets requested that the equity exchanges complete their
reviews and submit any proposed rule changes by November 1, 2014.\5\
---------------------------------------------------------------------------
\4\ See Mary Jo White, Chair, Securities and Exchange
Commission, Speech at the Sandler, O'Neill & Partners, L.P. Global
Exchange and Brokerage Conference (June 5, 2014) (available at
www.sec.gov/News/Speech/Detail/Speech/1370542004312#.U5HI-fmwJiw).
\5\ See Letter from James Burns, Deputy Director, Division of
Trading and Markets, Securities and Exchange Commission, to Jeffrey
C. Sprecher, Chief Executive Officer, Intercontinental Exchange,
Inc., dated June 20, 2014.
---------------------------------------------------------------------------
The Exchange notes that it continually assesses its rules governing
order types and undertook on its own initiative a review of its rules
related to order functionality to assure that its various order types,
which have been adopted and amended over the years, accurately describe
the functionality associated with those order types, and more
specifically, how different order types may interact. As a result of
that review, in 2013, the Exchange submitted a proposed rule change,
which the Commission approved, to update its rules relating to order
types and modifiers.\6\ The 2013 Review Filing did not add any new
functionality but instead enhanced and clarified descriptions of the
order type and modifier functionality on the Exchange. More recently,
as part of its ongoing review to streamline its rules and reduce
complexity among its order type offerings, the Exchange filed a
proposed rule change, which the Commission approved, to eliminate
specified order types, modifiers, and related references.\7\
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release No. 71331 (Jan. 16,
2014), 79 FR 3907 (Jan. 23, 2014) (SR-NYSEArca-2013-92) (Approval
order) (``2013 Review Filing'').
\7\ See Securities Exchange Act Release No. 72942 (Aug. 28,
2014), 79 FR 52784 (Sept. 4, 2014) (SR-NYSEArca-2014-75) (Approval
order) (``2013 Deletion Filing'').
---------------------------------------------------------------------------
The Exchange is filing this proposed rule change to continue its
efforts to review and clarify its rules governing order types. First,
the Exchange has identified additional order types and functionality to
eliminate and proposes to delete related rule text in NYSE Arca
Equities Rule 7.31 (``Rule 7.31''), as described in more detail below.
Second, the Exchange is proposing certain non-substantive and
clarifying changes to its rules. As Rule 7.31 has been amended through
the years, additional order types and modifiers have been added as new
subsections to what was the end of the rule text at any given time.
Accordingly, the rule text describes the Exchange's order types and
modifiers in the order in which those order types and modifiers were
added. In addition, when rule text has been deleted and replaced with
references to ``Reserved,'' the subsections have not been renumbered.
The Exchange proposes to provide additional clarity to Rule 7.31 by re-
grouping and re-numbering current rule text, removing references to
``reserved'' subsections, and making other non-substantive, clarifying
changes. In this regard, the proposed rule changes are not intended to
reflect changes to functionality but rather to clarify Rule 7.31 to
make it easier to navigate.\8\
---------------------------------------------------------------------------
\8\ The Exchange notes that its affiliated exchanges, New York
Stock Exchange LLC (``NYSE'') and NYSE MKT LLC are proposing similar
restructuring of their respective order type rules to group order
types and modifiers. See SR-NYSE-2014-59 and SR-NYSEMKT-2014-95.
---------------------------------------------------------------------------
Proposed Elimination of Additional Orders and Modifiers
As part of its review, the Exchange has identified the following
additional order types and functionality to eliminate:
All-or-None (``AON'') Orders: An AON Order is a limit
order that is to be executed in its entirety or not at all. A limit
order marked AON does not trade through a Protected Quotation. AONs are
defined as a type of Working Order, currently set forth in Rule
7.31(h)(1). To
[[Page 12538]]
effectuate the proposed elimination of AON Orders, the Exchange
proposes not to include current Rule 7.31(h)(1) in the rule
restructuring, described below. The Exchange proposes to make
conforming changes to Rules 7.36(a)(2)(C) and current Rule
7.37(b)(2)(A)(ii) to reflect the elimination of AON.\9\
---------------------------------------------------------------------------
\9\ The Exchange also proposes non-substantive changes to Rule
7.37 to delete references to ``reserved'' and re-number the rule
text accordingly. Current Rule 7.37(b)(2)(A)(ii), as amended, would
be renumbered to Rule 7.37(b)(1)(A).
---------------------------------------------------------------------------
Primary Sweep Orders (``PSO''): A PSO is a Primary Only
Order (defined in Rule 7.31(x)) that first sweeps the Exchange's book
before routing to the primary market. PSOs may only be day or IOC, and
may not be designated as GTC or an ISO. PSOs are currently set forth in
Rule 7.31(kk). To effectuate the proposed elimination, the Exchange
proposes not to include current Rule 7.31(kk) in the rule
restructuring, described below.
In addition, the Exchange has identified additional order type
functionality combinations that would no longer be accepted:
Reserve Orders designated IOC: Rule 7.31(h)(3) governing
Reserve Orders currently provides that Reserve Orders must be in round
lots and cannot be combined with an order type that could never be
displayed. The Exchange proposes to further specify that Reserve Orders
may not be designated with an Immediate or Cancel (``IOC'') time-in-
force modifier, which would be stated in new Rule 7.31(d)(2) governing
Reserve Orders.
Inside Limit Orders designated IOC: Inside Limit Orders,
which are currently defined in Rule 7.31(d), are limit orders that, if
routed away, are routed to the market participant with the best
displayed price. If there is an unfilled portion of such an order, it
will not be routed to the next best price level until all quotes at the
current best bid or offer are exhausted. The Exchange proposes to
specify that Inside Limit Orders may not be designated IOC because the
Exchange believes that the IOC time-in-force modifier is inconsistent
with the purpose of an Inside Limit Order, which is to wait for each
price point to be cleared before being executed or routed to additional
price points. This change would be included in new Rule 7.31(a)(3).
PNP Blind Orders: Rule 7.31(mm) currently specifies that a
PNP Blind order may be combined with an Add Liquidity Only (``ALO'')
Order. The Exchange proposes to amend the rule text governing PNP Blind
to provide that a PNP Blind order that is combined with an ALO modifier
may not also be designated Reserve. This change would be included in
new Rule 7.31(e)(4).
The Exchange believes that by eliminating the above-described order
types and functionality, the Exchange would further streamline its
rules and reduce complexity among the order types offered at the
Exchange.
Because of technology changes associated with eliminating the
above-described order types and functionality, the Exchange will
announce by Trader Update the implementation date of these proposed
changes.
Proposed Rule 7.31 Restructure
The Exchange proposes to re-structure Rule 7.31 to re-group
existing order types and modifiers together along functional lines.
Proposed new subsection (a) of Rule 7.31 would set forth the
Exchange's order types that are the foundation for all other order type
instructions, i.e., the primary order types. All orders entered at the
Exchange must be designated with an identifier associated with a
primary order type, together with such other technical specifications
as may be applicable for a specific order or modifier combination. The
Exchange, therefore, believes that clearly identifying the primary
order types in Exchange rules would provide transparency for ETP
Holders of how to designate orders entered at the Exchange. The
proposed primary order types would be:
Market Orders. Current Rule 7.31(a) describing Market
Orders and related subsections would be moved to new Rule 7.31(a)(1).
In moving the rule text currently set forth in Rule 7.31(a)(3)(A), the
Exchange proposes non-substantive revisions to delete the phrase
``unless marked IOC'' because Market Orders cannot be designated IOC
\10\ and to capitalize the terms ``Market Order''. In addition, the
Exchange proposes a clarifying change to the second sentence of current
Rule 7.31(a), which currently provides that Market Orders shall be
rejected if there is no bid or offer. Because such rejection is based
on whether there is a contra-side bid or offer (i.e., a Market Order to
sell is rejected if there is no bid), the Exchange proposes to clarify
this sentence in new Rule 7.31(a)(1) to provide that ``Market Orders
are rejected if there is no contra-side bid or offer.''
---------------------------------------------------------------------------
\10\ In the 2013 Deletion Filing, the Exchange amended the
definition of IOC to specify that it is only available for Limit
Orders. See 2013 Deletion Filing, supra n. 7.
---------------------------------------------------------------------------
Limit Orders. Current Rule 7.31(b) describing Limit Orders
and related subsections would be moved to new Rule 7.31(a)(2). The
Exchange proposes a non-substantive change to capitalize the term
``Limit Order'' in new Rule 7.31(a)(2) and make conforming changes to
references to ``limit order'' in the remainder of Rule 7.31, as
specified below. In addition, the Exchange proposes a clarifying change
to the second sentence of current Rule 7.31(b), which currently
provides that a marketable limit order is a limit order to buy (sell)
at or above (below) the PBBO for the security. Because marketability is
based on the contra-side PBBO (i.e., a Limit Order to buy is marketable
against the PBO), the Exchange proposes to clarify this sentence in new
Rule 7.31(a)(2) to provide that: ``A `marketable' Limit Order is a
Limit Order to buy (sell) at or above (below) the contra-side PBBO for
the security.''
Inside Limit Orders. Current Rule 7.31(d) describing
Inside Limit Orders would be moved to new Rule 7.31(a)(3). The Exchange
proposes clarifying amendments to new Rule 7.31(a)(3) to replace
references to ``best displayed price'' with references to ``contra-side
NBBO.'' As set forth in Rule 7.37, Inside Limit Orders are priced based
on the NBBO. Accordingly, the Exchange believes that referencing the
NBBO in new Rule 7.31(a)(3) would eliminate the need for a market
participant to review two rules, Rules 7.31 and 7.37, to determine that
the term ``best displayed price'' refers to the NBBO. The Exchange also
proposes to add new text to Rule 7.31(a)(3) to clarify that after an
Inside Limit Order has been routed to a contra-side NBBO, the Exchange
displays the Inside Limit Order at that now-exhausted contra-side NBBO
price while the Exchange waits for an updated NBBO to be displayed. As
provided for in the current rule, once a new contra-side NBBO is
displayed, the Exchange will route to that single price point and
continue such assessment at each new contra-side NBBO until the order
is filled or no longer marketable. In addition, to effect the above-
described proposal to provide that Inside Limit Orders may not be
designated IOC, the Exchange proposes to add to new Rule 7.31(a)(3)(D)
that an Inside Limit Order may not be designated as IOC. Because an
Inside Limit Order may still be designated as NOW, which is a distinct
time-in-force modifier from IOC, the Exchange also proposes to add to
new Rule 7.31(a)(3)(D) that an Inside Limit Order may be designated as
NOW. The Exchange further proposes non-substantive changes to the rule
text governing Inside Limit Orders to separate the existing text into
sub-
[[Page 12539]]
sections, which the Exchange believes would make the rule text easier
to navigate.
Proposed new subsection (b) of Rule 7.31 would set forth the Time
in Force Modifiers that the Exchange makes available for orders entered
at the Exchange. In the 2013 Review Filing, the Exchange grouped its
existing time-in-force modifiers together in current Rule 7.31(c).\11\
As proposed, Rule 7.31(c) would be redesignated as Rule 7.31(b),
without changing the rule text.
---------------------------------------------------------------------------
\11\ See 2013 Review Filing, supra n. 6.
---------------------------------------------------------------------------
In addition, the Exchange proposes to move the rule text governing
NOW Orders, currently in Rule 7.31(v), to new Rule 7.31(b)(5). The
Exchange believes that ``NOW Orders'' are appropriately included with
the time-in-force modifiers because a NOW Order designation provides
for an immediate execution of an order in whole or in part on the
Exchange with the unexecuted portion routed to away markets consistent
with Rule 7.37(d), and the portion not so executed cancelled. The
Exchange also believes that the ``NOW'' designation is more
appropriately described as a modifier rather than as an order, and
therefore proposes to re-name it as a ``NOW Modifier'' and make
conforming changes in other Exchange rules. In addition, the Exchange
notes that it routes orders designated NOW to all available quotes in
the routing determination, consistent with Rule 7.37(d)(2). The
Exchange therefore proposes to delete the references in the rule text
to NOW recipients and replace such references with rule text that
specifies that orders with a NOW modifier would be routed to all
available quotations in the routing determination, including Protected
Quotations.
Proposed new subsection (c) of Rule 7.31 would specify the
Exchange's existing Auction-Only Orders, which the Exchange last
revised in the 2013 Deletion Filing.\12\ The Exchange proposes non-
substantive changes to the definitions of Limit-on-Open Orders, Market-
on-Open Orders, Limit-on-Close Orders, and Market-on-Close Orders,
which would be defined in proposed Rule 7.31(c)(1)-(4), respectively.
The Exchange further proposes to delete rule text in proposed Rules
7.31(c)(1), (c)(2), (c)(3), and (c)(4), as duplicative of the general
definition of Auction Only Orders in proposed new Rule 7.31(c). The
Exchange further proposes to add to Rule 7.31(c) existing rule text
from these subsections, as modified, that the Exchange would reject any
Auction-Only Orders in securities that are not eligible for an auction
on the Exchange or if an auction is suspended pursuant to Rule 7.35(g).
---------------------------------------------------------------------------
\12\ See 2013 Deletion Filing, supra n. 7.
---------------------------------------------------------------------------
Proposed new subsection (d) of Rule 7.31 would specify the
Exchange's Working Orders, which are currently defined in Rule 7.31(h).
As noted above, the Exchange proposes to eliminate AON Orders.
Accordingly, [sic]
Discretionary Orders. Current Rule 7.31(h)(2) would be
moved to new Rule 7.31(d)(1) without any substantive changes to the
rule text (the Exchange would capitalize the term ``Limit Order'').
Reserve Orders. Current Rule 7.31(h)(3) would be moved to
new Rule 7.31(d)(2) and the Exchange proposes non-substantive changes
to capitalize the term ``Limit Order'' and delete a duplicative use of
the word ``Order.'' To effect the change described above that Reserve
Orders may not be designated IOC, the Exchange proposes to add to new
Rule 7.31(d)(2) that Reserve Orders may not be designated IOC. The
Exchange also proposes to clarify that the existing requirement that
Reserve Orders be in round lots applies to the displayed quantity of
the Reserve Order.
Passive Liquidity Orders. Current Rule 7.31(h)(4) would be
moved to new Rule 7.31(d)(3). The Exchange notes that Rule 7.31(h)(4)
currently provides that ``[a] Passive Liquidity Order must be
designated as an Inside Limit Order.'' This requirement refers to the
identifier associated with entering Passive Liquidity Orders at the
Exchange. The description of how Passive Liquidity Orders operate is in
current Rule 7.31(h)(4), and proposed new Rule 7.31(d)(3). As noted
above, the Exchange now proposes to separately define the Exchange's
primary order types. In connection with this proposal, the Exchange
proposes to reorganize the description of Passive Liquidity Orders to
delete the separate phrase ``[a] Passive Liquidity Order must be
designated as an Inside Limit Order'' and replace the term ``order'' in
the first sentence of the rule with a reference to ``Inside Limit
Order.'' The Exchange also proposes to clarify that a Passive Liquidity
Order does not route.
Mid-Point Passive Liquidity (``MPL'') Orders. Current Rule
7.31(h)(5) would be moved to new Rule 7.31(d)(4). The Exchange proposes
to make non-substantive changes to the rule text to make it easier to
read, including adding new subsections and deleting obsolete rule text
and capitalizing the term ``Limit Order.'' The Exchange also proposes
to specify that the primary order type for an MPL Order is a Limit
Order rather than a Passive Liquidity Order because an MPL Order does
not use the Inside Limit Order primary order type (and related
technical identifier). Because a Passive Liquidity Order is by
definition an undisplayed order, and because the Exchange is proposing
to delete reference to Passive Liquidity Order as part of the MPL Order
definition, the Exchange proposes to specify that MPL Orders are
undisplayed. This proposed addition to the definition of MPL Orders is
non-substantive because Passive Liquidity Orders are undisplayed orders
and, thus, the current description of MPL Orders as Passive Liquidity
Orders incorporates the undisplayed functionality of MPL Orders.
The Exchange also proposes to include new text that explicitly
states that an incoming order marketable against a resting MPL Order
with minimum execution size specifications will not execute against
such MPL Order unless it meets the minimum size restrictions and,
instead, will trade through such MPL Order. The Exchange believes this
additional rule language would provide clarity and transparency that
when an MPL Order also includes a minimum execution size, it may be
traded through by incoming marketable orders that do not satisfy the
minimum execution size condition.
MPL-IOC Order. Current Rule 7.31(h)(6) would be moved to
new Rule 7.31(d)(5) without any substantive changes to the rule text.
Proposed new subsection (e) of Rule 7.31 would specify the
Exchange's existing order types that, by definition, do not route. The
order types proposed to be included in this new subsection are:
ALO Order. Current Rule 7.31(nn) would be moved to new
Rule 7.31(e)(1). The current rule provides that an ALO must be
designated as either a PNP or MPL and the Exchange proposes to clarify
that the reference to PNP includes PNP Blind orders. This proposed
change does not alter any existing functionality associated with ALO
because PNP Blind orders are by definition PNP Orders. The Exchange
further notes that all functionality associated with PNP Orders,
including the ability to be designated ISO, are applicable to PNP
Orders that are designated ALO.
Intermarket Sweep Order. Current Rule 7.31(jj) would be
moved to new Rule 7.31(e)(2) without any substantive changes to the
rule text (the Exchange would capitalize the term ``Limit Order'').
PNP Order (Post No Preference). Current Rule 7.31(w) would
be moved to new Rule 7.31(e)(3). Because PNP Orders cannot be combined
with Inside
[[Page 12540]]
Limit Orders, the Exchange proposes to delete the following rule text:
``A PNP Inside Limit Order shall not lock or cross Manual Quotations''
when moving the rule text to new Rule 7.31(e)(3). The Exchange proposes
a non-substantive change to the rule text to capitalize the term
``Limit Order.''
PNP Blind. Current Rule 7.31(mm) would be moved to new
Rule 7.31(e)(4) without any substantive changes to the rule text (the
Exchange would capitalize the term ``PNP Order''). As discussed above,
the Exchange proposes to provide in new Rule 7.31(e)(4) that a PNP
Blind order combined with ALO may not be designated as a Reserve Order.
Cross Order. Because Cross Orders do not route, the
Exchange proposes to move current Rule 7.31(s) to new Rule 7.31(e)(5)
without any changes to the rule text.\13\
---------------------------------------------------------------------------
\13\ The Exchange revised its Cross Order functionality in the
2013 Deletion Filing. See 2013 Deletion Filing, supra n. 7.
---------------------------------------------------------------------------
Tracking Order. Current Rule 7.31(f) would be moved to new
Rule 7.31(e)(6). The Exchange proposes to make the following clarifying
changes to the rule text. First, the Exchange is proposing to clarify
that a Tracking Order is eligible to execute against a contra-side
order equal to or less than the size of a Tracking Order and to specify
that that the size requirement relates to comparing the incoming
contra-side order to the size of a resting Tracking Order, not Tracking
Orders in the aggregate. Second, because Tracking Orders execute at the
price of the same-side NBBO, provided such price is equal to or better
than the price of the Tracking Order, the Exchange proposes to clarify
in new Rule 7.31(e)(6) that a Tracking Order will execute at the price
of the same-side NBBO provided that such price shall not trade through
a Protected Quotation or the price of the Tracking Order.
Proposed new subsection (f) of Rule 7.31 would specify the
Exchange's existing order types that by definition, include specified
routing instructions. As noted above, the Exchange proposes to delete
Primary Sweep Orders. Accordingly, new subsection (f) would not include
Primary Sweep Orders. The order types proposed to be included in this
new subsection are:
Primary Only Order (``PO Order''). Current Rule 7.31(x)
would be moved to new Rule 7.31(f)(1) without any substantive changes
to the rule text (the Exchange would capitalize the terms ``Limit
Order'' and ``Market Order'').
Primary Until 9:45 Order. Current Rule 7.31(oo) would be
moved to new Rule 7.31(f)(2) without any substantive changes to the
rule text (the Exchange would capitalize the term ``Limit Order'').
Primary After 3:55 Order. Current Rule 7.31(pp) would be
moved to new Rule 7.31(f)(3) without any substantive changes to the
rule text (the Exchange would capitalize the term ``Limit Order'').
Proposed new subsection (g) of Rule 7.31 would include the
Exchange's other existing order instructions and modifiers, including:
Pegged Order. Current Rule 7.31(cc) would be moved to new
Rule 7.31(g)(1) without any substantive changes to the rule text (the
Exchange would capitalize the term ``Limit Order'').
Proactive if Locked Modifier. Current Rule 7.31(hh) would
be moved to new Rule 7.31(g)(2) without any substantive changes to the
rule text (the Exchange would capitalize the term ``Limit Order'').
Do Not Reduce Modifier. Current Rule 7.31(n) would be
moved to new Rule 7.31(g)(3) without any substantive changes to the
rule text (the Exchange would capitalize the term ``Limit Order'').
Do Not Increase Modifier. Current Rule 7.31(o) would be
moved to new Rule 7.31(g)(4) without any substantive changes to the
rule text (the Exchange would capitalize the term ``Limit Order'').
Self Trade Prevention Modifier (``STP''). Current Rule
7.31(qq) would be moved to new Rule 7.31(g)(5) without any substantive
changes.
Finally, proposed new subsection (h) of Rule 7.31 would describe Q
Orders, an existing order type available for Exchange Market Makers,
which are currently defined in Rule 7.31(k). In moving the rule text,
the Exchange proposes to delete the subsections marked ``reserved'' and
renumber the remaining subsections accordingly. The Exchange also
proposes to clarify in new Rule 7.31(h)(3) that Q Orders do not route.
Additional Proposed Amendments
To reflect the changes proposed to Rule 7.31, the Exchange proposes
to make conforming, non-substantive changes to Rules 7.35, 7.36, and
7.37, as follows:
Amend Rule 7.35 to capitalize the terms ``Market Order''
and ``Limit Order,'' replace the term ``Limited Priced Order'' with the
term ``Limit Order,'' and use the terms ``LOC Order'' and ``MOC Order''
instead of ``Limit-on-Close Order'' and ``Market-on-Close Order.'' In
Rule 7.35(e), the Exchange proposes to delete the reference to a
Closing Auction for NYSE-listed securities subject to a sub-penny
trading condition under NYSE Rule 123D, as that condition no longer
exists on NYSE. In addition, because the Exchange does not run a Market
Order Auction in Nasdaq-listed securities (other than of Derivative
Securities Products as defined in Rule 7.34(a)(4)(A), and as specified
in Rule 7.35(c)), the Exchange proposes to delete all references to
Nasdaq-Listed securities and related rule text in Rules 7.35(c)(1)(B),
(c)(2)(B), and (c)(3)(B). Similarly, because the Exchange only runs a
Trading Halt Auction in securities that are listed on the Exchange, the
Exchange proposes to delete references to how Trading Halt Auctions
operate for securities other than those listed on the Exchange, and as
currently described in Rules 7.35(f)(1)(A) and (B), (f)(4)(A), and
(f)(4)(B), and re-number existing Rule 7.36(f)(4)(C) as Rule
7.36(f)(4);
Amend Rule 7.36 to capitalize the term ``Limit Order'';
and Amend Rule 7.37 to capitalize the term ``Reserve Order,'' use the
term ``ISO'' instead of ``Intermarket Sweep Order,'' replace the term
``Limited Price Order'' with the term ``Limit Order,'' remove
references to the term ``Reserved'' from current Rule 7.37(a) and (b)
and re-number the subsections of the rule accordingly, and update the
cross-reference to the rule cite for Passive Liquidity Orders in new
Rule 7.37(a)(1).
The Exchange also proposes to amend Rule 7.36 to clarify how the
Exchange treats non-marketable odd-lot orders that are priced better
than the best-priced round lot interest at the Exchange for purposes of
determining the best ranked displayed order(s) on the Exchange.
Specifically, when disseminating the Exchange's best ranked displayed
orders to either the Consolidated Quotation System (for Tape A and B
securities) or the UTP Plan (for Tape C securities) (together, the
``public data feeds''), the Exchange aggregates non-marketable odd-lot
interest at multiple price points and if they equal a round lot or
more, displays the aggregated odd-lot orders in a round lot quantity at
the least aggressive price at which such odd-lot sized orders can be
aggregated to equal at least a round lot. For example, if the Exchange
has a bid of 100 shares at 10.00, 50 shares at 10.01 and 60 shares at
10.02, the Exchange's best bid published to the public data feeds would
be 100 shares at 10.01. Similarly, if the Exchange has an offer of 100
shares at 10.05, 50 shares at 10.04, and 60 shares at 10.03, the
Exchange's best offer published to the public data feeds would be 100
shares
[[Page 12541]]
at 10.04. To reflect this clarification, the Exchange proposes to amend
Rule 7.36(c) to provide that if non-marketable odd-lot sized orders at
different price points equal at least a round lot, such odd-lot sized
orders would be displayed as the best ranked displayed orders to sell
(buy) at the least aggressive price at which such odd-lot sized orders
can be aggregated to equal at least a round lot.
Finally, the Exchange proposes to amend Rule 7.38(a)(1) regarding
Odd Lots to specify the order types that may not be entered as odd
lots. Currently, Rule 7.38(a)(1) provides that odd lot orders may not
be Working Orders, Tracking Orders, etc. However, to reflect certain
amendments to Rule 7.31, which were not incorporated in Rule 7.38,\14\
and to provide more specificity, the Exchange proposes to clarify Rule
7.38(a)(1) to provide that the following orders may not be entered as
odd lots: Reserve Orders, MPL-IOC Orders, Tracking Orders, and Q
Orders. The Exchange also proposes a non-substantive change to Rule
7.38(a)(2) to remove an extraneous period at the end of the sentence.
---------------------------------------------------------------------------
\14\ E.g., In 2011, the Exchange amended Rule 7.31(h)(5) to
lower the minimum order entry size to one share for MPL Orders. See
Securities Exchange Act Release No. 64523 (May 19, 2011), 76 FR
30417 (May 24, 2011) (SR-NYSEArca-2011-29) (Notice of filing of
proposed rule change amending Rule 7.31(h)(5) to reduce the minimum
order entry size of MPL Orders from 100 shares to one share).
---------------------------------------------------------------------------
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\15\ in general, and
furthers the objectives of Section 6(b)(5),\16\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, 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. Specifically,
the Exchange believes that eliminating AON and PSO Orders, as well as
reducing specified order type combinations, would remove impediments to
and perfect the mechanism of a free and open market by simplifying
functionality and complexity of its order types. The Exchange believes
that eliminating these order types would be consistent with the public
interest and the protection of investors because investors will not be
harmed and in fact would benefit from the removal of complex
functionality. The Exchange further believes that removing cross-
references to AON in Rules 7.36 and 7.37 would remove impediments to
and perfect the mechanism of a free and open market because it would
reduce potential confusion that may result from having such cross
references in the Exchange's rulebook. Removing such obsolete cross
references would also further the goal of transparency and add clarity
to the Exchange's rules.
---------------------------------------------------------------------------
\15\ 15 U.S.C. 78f(b).
\16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange further believes that the proposed restructuring of
Rule 7.31, to group existing order types to align by functionality,
delete subsections marked ``reserved'', and clarify rule text also
would remove impediments to and perfect the mechanism of a free and
open market by ensuring that members, regulators, and the public can
more easily navigate the Exchange's rulebook and better understand the
order types available for trading on the Exchange. The Exchange
believes that the related, proposed conforming changes to Rules 7.35,
7.36, 7.37 and 7.38 similarly would remove impediments to and perfect
the mechanism of a free and open market by assuring consistency of
terms used in the Exchange's rulebook. The Exchange also believes that
the proposed amendment to Rule 7.38 to specify which orders may not be
odd lots provides more specificity to the Exchange's rulebook, thereby
similarly promoting transparency and thus removing impediments and
perfecting the mechanism of a free and open market.
Finally, the Exchange believes that the proposed amendment to Rule
7.36 to specify how the Exchange aggregates non-marketable odd-lot
sized orders at multiple price points that equal a round lot for
purposes of determining the Exchange's best ranked displayed order(s)
would remove impediments to and perfect the mechanism of a free and
open market and a national market system because it provides greater
specificity regarding how the Exchange determines its best bid or offer
for display on the public data feeds. The Exchange further believes
that it would remove impediments to and perfect the mechanism of a free
and open market and a national market system to aggregate such non-
marketable odd-lot orders because pursuant to Rule 7.38(b), odd-lot
orders are ranked and executed in the same manner as round lot orders,
and therefore, incoming marketable contra-side orders would execute
against resting non-marketable odd-lot orders that represent the best
price on the Exchange. Because arriving marketable contra-side orders
execute in price-time priority against resting odd-lot orders priced
better than resting round-lot orders, the Exchange believes that it is
appropriate to display such odd-lot interest on the public data feeds
as the Exchange's best bid or offer if in the aggregate, they equal a
round lot or more. The Exchange further believes that aggregating such
odd-lot orders at the least aggressive price point from among those
odd-lot orders would remove impediments to and perfect the mechanism of
a free and open market because it represents the lowest possible
execution price (for incoming sell orders) or highest possible
execution price (for incoming buy orders). The Exchange notes that the
incoming marketable interest would receive price improvement when
executing against any odd-lot orders priced better than the aggregated
displayed price.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue but rather would remove
complex functionality and re-structure Rule 7.31 and make conforming
changes to related Exchange rules, thereby reducing confusion and
making the Exchange's rules easier to navigate.
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
Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
(A) by order approve or disapprove the proposed rule change, or
(B) institute proceedings to determine whether the proposed rule
change should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
[[Page 12542]]
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-2015-08 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2015-08. 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 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-2015-08 and should
be submitted on or before March 30, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------
\17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Brent J. Fields,
Secretary.
[FR Doc. 2015-05291 Filed 3-6-15; 8:45 am]
BILLING CODE 8011-01-P