Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot Period for the Exchange's Retail Liquidity Program, Which Is Currently Scheduled To Expire on March 31, 2015, Until September 30, 2015, 13047-13049 [2015-05607]
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Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
III. Discussion and Commission
Findings
IV. Conclusion
Section 19(b)(2)(C) of the Act 4 directs
the Commission to approve a proposed
rule change of a self-regulatory
organization if the Commission finds
that such proposed rule change is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to such selfregulatory organization. Section
17A(b)(3)(F) of the Act 5 requires, among
other things, that the rules of a clearing
agency are designed to promote the
prompt and accurate clearance and
settlement of securities transactions
and, to the extent applicable, derivative
agreements, contracts, and transactions,
to assure the safeguarding of securities
and funds which are in the custody or
control of the clearing agency or for
which it is responsible and, in general,
to protect investors and the public
interest.
The Commission finds that ICC’s
proposed revisions to its End-of-Day
Price Discovery Policies and Procedures
is consistent with the requirements of
Section 17A of the Act 6 and regulations
thereunder applicable to it, including
the standards under Rule 17Ad–22.7
The proposed rule change is designed to
enhance ICC’s price discovery process
by including all price submissions
(including those classified as obvious
errors) in the process of determining
Firm Trades, thereby reducing price
submissions that may be classified as
obvious errors. In addition, the
proposed rule change would adjust the
trading prices of Firm Trades that
include a bid or offer classified as an
obvious error to fall within a predefined
range on either side of the EOD price,
thereby limiting CPs’ potential P/L
exposure to obvious errors from the risk
management perspective, while holding
them accountable for their price
submissions. Finally, the proposed rule
change would assist CPs in unwinding
Firm Trades in certain index products
by generating reversing trades at the
EOD level based on liquidity. The
Commission believes that the proposal
is therefore designed to promote the
prompt and accurate clearance and
settlement of securities transactions and
derivative agreements, contracts and
transactions cleared by ICC, consistent
with Section 17A(b)(3)(F) of the Act.8
4 15
U.S.C. 78s(b)(2)(C).
U.S.C. 78q–1(b)(3)(F).
6 15 U.S.C. 78q–1.
7 17 CFR 240.17Ad–22.
8 15 U.S.C. 78q–1(b)(3)(F).
5 15
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On the basis of the foregoing, the
Commission finds that the proposal is
consistent with the requirements of the
Act and in particular with the
requirements of Section 17A of the Act 9
and the rules and regulations
thereunder.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,10 that the
proposed rule change (SR–ICC–2015–
001) be, and hereby is, approved.11
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015–05602 Filed 3–11–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74455; File No. SR–
NYSEMKT–2015–14]
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Extend the Pilot
Period for the Exchange’s Retail
Liquidity Program, Which Is Currently
Scheduled To Expire on March 31,
2015, Until September 30, 2015
March 6, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
27, 2015, NYSE MKT LLC (the
‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with
the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I, II, and III below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to extend the
pilot period for the Exchange’s Retail
Liquidity Program (the ‘‘Retail Liquidity
Program’’ or the ‘‘Program’’), which is
9 15
U.S.C. 78q–1.
U.S.C. 78s(b)(2).
11 In approving the proposed rule change, the
Commission considered the proposal’s impact on
efficiency, competition and capital formation. 15
U.S.C. 78c(f).
12 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
10 15
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
13047
currently scheduled to expire on March
31, 2015, until September 30, 2015. 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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this filing is to extend
the pilot period of the Retail Liquidity
Program,3 currently scheduled to expire
on March 31, 2015, until September 30,
2015.
Background
In July 2012, the Commission
approved the Retail Liquidity Program
on a pilot basis.4 The Program is
designed to attract retail order flow to
the Exchange, and allows such order
flow to receive potential price
improvement. The Program is currently
limited to trades occurring at prices
equal to or greater than $1.00 per share.
Under the Program, Retail Liquidity
Providers (‘‘RLPs’’) are able to provide
potential price improvement in the form
of a non-displayed order that is priced
better than the Exchange’s best
protected bid or offer (‘‘PBBO’’), called
a Retail Price Improvement Order
(‘‘RPI’’). When there is an RPI in a
particular security, the Exchange
disseminates an indicator, known as the
Retail Liquidity Identifier, indicating
that such interest exists. Retail Member
Organizations (‘‘RMOs’’) can submit a
Retail Order to the Exchange, which
would interact, to the extent possible,
with available contra-side RPIs.
3 See Securities Exchange Act Release No. 72625
(July 16, 2014), 79 FR 42566 (July 22, 2014) (SR–
NYSEMKT–2014–60).
4 See Securities Exchange Act Release No. 67347
(July 3, 2012), 77 FR 40673 (July 10, 2012) (‘‘RLP
Approval Order’’) (SR–NYSEAmex–2011–84).
E:\FR\FM\12MRN1.SGM
12MRN1
13048
Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices
The Retail Liquidity Program was
approved by the Commission on a pilot
basis. Pursuant to NYSE MKT Rule
107C(m)—Equities, the pilot period for
the Program is scheduled to end on
March 31, 2015.
Proposal To Extend the Operation of the
Program
The Exchange established the Retail
Liquidity Program in an attempt to
attract retail order flow to the Exchange
by potentially providing price
improvement to such order flow. The
Exchange believes that the Program
promotes competition for retail order
flow by allowing Exchange members to
submit RPIs to interact with Retail
Orders. Such competition has the ability
to promote efficiency by facilitating the
price discovery process and generating
additional investor interest in trading
securities, thereby promoting capital
formation. The Exchange believes that
extending the pilot is appropriate
because it will allow the Exchange and
the Commission additional time to
analyze data regarding the Program that
the Exchange has committed to
provide.5 As such, the Exchange
believes that it is appropriate to extend
the current operation of the Program.6
Through this filing, the Exchange seeks
to amend NYSE MKT Rule 107C(m)—
Equities and extend the current pilot
period of the Program until September
30, 2015.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the Act,7
in general, and furthers the objectives of
Section 6(b)(5),8 in particular, in that it
is designed to promote just and
equitable principles of trade, to remove
impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general, to protect investors and the
public interest. The Exchange believes
that extending the pilot period for the
Retail Liquidity Program is consistent
with these principles because the
Program is reasonably designed to
attract retail order flow to the exchange
environment, while helping to ensure
that retail investors benefit from the
better price that liquidity providers are
asabaliauskas on DSK5VPTVN1PROD with NOTICES
5 See
id. at 40681.
with this filing, the Exchange has
submitted a request for an extension of the
exemption under Regulation NMS Rule 612
previously granted by the Commission that permits
it to accept and rank the undisplayed RPIs. See
Letter from Martha Redding, Senior Counsel, NYSE
Group, Inc. to Brent J. Fields, Secretary, Securities
and Exchange Commission, dated February 27,
2015.
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
6 Concurrently
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17:40 Mar 11, 2015
Jkt 235001
willing to give their orders.
Additionally, as previously stated, the
competition promoted by the Program
may facilitate the price discovery
process and potentially generate
additional investor interest in trading
securities. The extension of the pilot
period will allow the Commission and
the Exchange to continue to monitor the
Program for its potential effects on
public price discovery, and on the
broader market structure.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change simply extends an
established pilot program for an
additional six months, thus allowing the
Retail Liquidity Program to enhance
competition for retail order flow and
contribute to the public price discovery
process.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 9 and Rule
19b–4(f)(6) thereunder.10 Because the
proposed rule change does not: (i)
Significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 11 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),12 the Commission
may designate a shorter time if such
9 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
10 17
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
action is consistent with the protection
of investors and the public interest.
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 13 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEMKT–2015–14 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEMKT–2015–14. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
13 15
E:\FR\FM\12MRN1.SGM
U.S.C. 78s(b)(2)(B).
12MRN1
Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices
filing also will be available for
inspection and copying at the principal
offices 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–
NYSEMKT–2015–14, and should be
submitted on or before April 2, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015–05607 Filed 3–11–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74453; File No. SR–Phlx–
2015–10]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Rule
1082.02 and .03
March 6, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
23, 2015, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) a proposed rule
change as described in Items I and II
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.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Rule 1082.02 and .03, as described
below.
The text of the proposed rule change
is below. Proposed new language is
italicized. Proposed deletions are in
brackets.
*
*
*
*
*
Rule 1082. Firm Quotations
(a)–(d) No change.
.01 No change.
.02 Locked Markets. In the event that
an SQT, RSQT, and/or specialist’s
14 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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17:40 Mar 11, 2015
Jkt 235001
electronically submitted quotations
interact with the electronically
submitted quotations of other SQTs,
RSQTs and/or the specialist, resulting in
the dissemination of a ‘‘locked’’
quotation (e.g., $1.00 bid—1.00 offer),
the [following shall occur:
(a) The Exchange will disseminate the
locked market and both quotations will
be deemed ‘‘firm’’ disseminated market
quotations;
(b) A ‘‘counting period’’ not to exceed
.25 of one second will begin during
which SQTs, RSQTs and/or specialists
whose quotations are locked may
eliminate the locked market. Provided,
however, that in accordance with
subparagraph (a) above, such SQT,
RSQT and/or specialist shall be
obligated to execute orders at their
disseminated quotation. The duration of
the counting period will be established
by the Exchange, will be the same for all
options traded on the Exchange, and
will not exceed .25 of one second. The
duration of the counting period will be
published in an Options Trader Alert,
which will be available on the
Exchange’s Web site.
During the counting period SQTs and
specialists located in the Crowd Area in
which the option that is the subject of
the locked market is traded will
continue to be obligated to respond to
Floor Brokers as set forth in Rule 1014,
Commentary .05(c), and will continue to
be obligated for one contract in open
outcry to other SQTs, non-SQT ROTs,
and specialists. If at the end of the
counting period the quotations remain
locked, the] locked quotations will
automatically execute against each other
in accordance with the allocation
algorithm set forth in Rule 1014(g)(vii).
[The quotation that is locked may be
executed by an order during the
counting period.]
.03 Crossed Markets. The Exchange
will not disseminate an internally
crossed market (e.g., $1.10 bid, 1.00
offer). If an SQT, RSQT or specialist
electronically submits a quotation [in a
Streaming Quote Option] (‘‘incoming
quotation’’) that would cross an existing
quotation (‘‘existing quotation’’), the
Exchange will[: (i)] Change the
incoming quotation such that it locks
the existing quotation and automatically
execute the locked quotations against
each other in accordance with the
allocation algorithm set forth in Rule
1014(g)(vii).
[; (ii) send a notice to the SQT, RSQT
or specialist that submitted the existing
quotation indicating that its quotation
was crossed; and (iii) send a notice to
the specialist, SQT or RSQT that
submitted the incoming quotation,
indicating that its quotation crossed the
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
13049
existing quotation and was changed.
Such a locked market shall be handled
in accordance with Commentary .01
above. During the counting period, if the
existing quotation is cancelled
subsequent to the time the incoming
quotation is changed, the incoming
quotation will automatically be restored
to its original terms.]
*
*
*
*
*
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposal is to
amend two commentaries to Rule 1082
because the timers no longer operate.
Rule 1082.02 currently addresses what
occurs when a Streaming Quote Trader’s
(‘‘SQT’’), Remote SQT’s (‘‘RSQT’’), and/
or specialist’s electronically submitted
quotations interact with the
electronically submitted quotations of
other SQTs, RSQTs and/or the
specialist. Under this provision, the
Exchange disseminates the resulting
locked market and both quotations are
deemed ‘‘firm’’ disseminated market
quotations. Furthermore, a counting
period not to exceed .25 of one second
may begin during which SQTs, RSQTs
and/or specialists whose quotations are
locked may eliminate the locked market,
provided, however, that such SQT,
RSQT and/or specialist shall
nevertheless be obligated to execute
orders at that price. The rule provides
that the duration of the counting period
is established by the Exchange, will be
the same for all options traded on the
Exchange and will not exceed .25 of one
second.3 In March 2010, the Exchange
reduced this counting period to zero,
which is within the range contemplated
by the rule (does not exceed .25 of one
3 The duration of the counting period is the same
for all options traded on the Exchange and is
published in an Options Trader Alert, which is
available on the Exchange’s Web site.
E:\FR\FM\12MRN1.SGM
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Agencies
[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Pages 13047-13049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05607]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74455; File No. SR-NYSEMKT-2015-14]
Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change To Extend the Pilot
Period for the Exchange's Retail Liquidity Program, Which Is Currently
Scheduled To Expire on March 31, 2015, Until September 30, 2015
March 6, 2015.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 27, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to extend the pilot period for the Exchange's
Retail Liquidity Program (the ``Retail Liquidity Program'' or the
``Program''), which is currently scheduled to expire on March 31, 2015,
until September 30, 2015. 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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of this filing is to extend the pilot period of the
Retail Liquidity Program,\3\ currently scheduled to expire on March 31,
2015, until September 30, 2015.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 72625 (July 16,
2014), 79 FR 42566 (July 22, 2014) (SR-NYSEMKT-2014-60).
---------------------------------------------------------------------------
Background
In July 2012, the Commission approved the Retail Liquidity Program
on a pilot basis.\4\ The Program is designed to attract retail order
flow to the Exchange, and allows such order flow to receive potential
price improvement. The Program is currently limited to trades occurring
at prices equal to or greater than $1.00 per share. Under the Program,
Retail Liquidity Providers (``RLPs'') are able to provide potential
price improvement in the form of a non-displayed order that is priced
better than the Exchange's best protected bid or offer (``PBBO''),
called a Retail Price Improvement Order (``RPI''). When there is an RPI
in a particular security, the Exchange disseminates an indicator, known
as the Retail Liquidity Identifier, indicating that such interest
exists. Retail Member Organizations (``RMOs'') can submit a Retail
Order to the Exchange, which would interact, to the extent possible,
with available contra-side RPIs.
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 67347 (July 3,
2012), 77 FR 40673 (July 10, 2012) (``RLP Approval Order'') (SR-
NYSEAmex-2011-84).
---------------------------------------------------------------------------
[[Page 13048]]
The Retail Liquidity Program was approved by the Commission on a
pilot basis. Pursuant to NYSE MKT Rule 107C(m)--Equities, the pilot
period for the Program is scheduled to end on March 31, 2015.
Proposal To Extend the Operation of the Program
The Exchange established the Retail Liquidity Program in an attempt
to attract retail order flow to the Exchange by potentially providing
price improvement to such order flow. The Exchange believes that the
Program promotes competition for retail order flow by allowing Exchange
members to submit RPIs to interact with Retail Orders. Such competition
has the ability to promote efficiency by facilitating the price
discovery process and generating additional investor interest in
trading securities, thereby promoting capital formation. The Exchange
believes that extending the pilot is appropriate because it will allow
the Exchange and the Commission additional time to analyze data
regarding the Program that the Exchange has committed to provide.\5\ As
such, the Exchange believes that it is appropriate to extend the
current operation of the Program.\6\ Through this filing, the Exchange
seeks to amend NYSE MKT Rule 107C(m)--Equities and extend the current
pilot period of the Program until September 30, 2015.
---------------------------------------------------------------------------
\5\ See id. at 40681.
\6\ Concurrently with this filing, the Exchange has submitted a
request for an extension of the exemption under Regulation NMS Rule
612 previously granted by the Commission that permits it to accept
and rank the undisplayed RPIs. See Letter from Martha Redding,
Senior Counsel, NYSE Group, Inc. to Brent J. Fields, Secretary,
Securities and Exchange Commission, dated February 27, 2015.
---------------------------------------------------------------------------
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Act,\7\ in general, and furthers the objectives of Section 6(b)(5),\8\
in particular, in that it is designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. The Exchange
believes that extending the pilot period for the Retail Liquidity
Program is consistent with these principles because the Program is
reasonably designed to attract retail order flow to the exchange
environment, while helping to ensure that retail investors benefit from
the better price that liquidity providers are willing to give their
orders. Additionally, as previously stated, the competition promoted by
the Program may facilitate the price discovery process and potentially
generate additional investor interest in trading securities. The
extension of the pilot period will allow the Commission and the
Exchange to continue to monitor the Program for its potential effects
on public price discovery, and on the broader market structure.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
simply extends an established pilot program for an additional six
months, thus allowing the Retail Liquidity Program to enhance
competition for retail order flow and contribute to the public price
discovery process.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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\9\ 15 U.S.C. 78s(b)(3)(A)(iii).
\10\ 17 CFR 240.19b-4(f)(6).
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A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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\11\ 17 CFR 240.19b-4(f)(6).
\12\ 17 CFR 240.19b-4(f)(6)(iii).
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At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\13\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEMKT-2015-14 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEMKT-2015-14. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
[[Page 13049]]
filing also will be available for inspection and copying at the
principal offices 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-NYSEMKT-2015-14, and should be submitted on or before
April 2, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-05607 Filed 3-11-15; 8:45 am]
BILLING CODE 8011-01-P