Justia Agencies And Commissions Securities And Exchange Commission Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 123D To Specify That Exchange Systems May Open One or More Securities Electronically if a Designated Market Maker Registered in a Security or Securities Cannot Facilitate the Opening of Trading as Required by Exchange Rules, 67822-67826 [2015-27911]

Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 123D To Specify That Exchange Systems May Open One or More Securities Electronically if a Designated Market Maker Registered in a Security or Securities Cannot Facilitate the Opening of Trading as Required by Exchange Rules, 67822-67826 [2015-27911]

Download as PDF 67822 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Notices staff engage in 1.5 hours per new client and 1 hour per continuing client to prepare, conduct and/or review interviews regarding the client’s financial situation and investment objectives as required by the rule. Furthermore, the staff estimates that each year the investment advisory program sponsors’ staff spends 1 hour per client to prepare and mail quarterly client account statements, including notices to update information. Based on the estimates above, the Commission estimates that the total annual burden of the rule’s paperwork requirements is 35,534,594 hours. The estimate of average burden hours is made solely for the purposes of the Paperwork Reduction Act. The estimate is not derived from a comprehensive or even a representative survey or study of the costs of Commission rules and forms. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid control number. Written comments are invited on: (a) whether the collections of information are necessary for the proper performance of the functions of the Commission, including whether the information has practical utility; (b) the accuracy of the Commission’s estimate of the burdens of the collections of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burdens of the collections of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to Pamela Dyson, Director/Chief Information Officer, Securities and Exchange Commission, C/O Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549; or send an email to: PRA_Mailbox@sec.gov. mstockstill on DSK4VPTVN1PROD with NOTICES Dated: October 28, 2015. Robert W. Errett, Deputy Secretary. [FR Doc. 2015–27916 Filed 11–2–15; 8:45 am] BILLING CODE 8011–01–P VerDate Sep<11>2014 18:04 Nov 02, 2015 Jkt 238001 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–76198A; File No. SR– NYSEARCA–2015–58] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval to a Proposed Rule Change, as Modified by Amendment No. 1, Adopting New Equity Trading Rules Relating to Trading Halts, Short Sales, Limit UpLimit Down, and Odd Lots and Mixed Lots to Reflect the Implementation of Pillar, the Exchange’s New Trading Technology Platform; Correction October 28, 2015. Securities and Exchange Commission. ACTION: Notice; correction. AGENCY: The Securities and Exchange Commission published a document in the Federal Register on October 26, 2015, concerning a Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval to a Proposed Rule Change, as Modified by Amendment No. 1, Adopting New Equity Trading Rules Relating to Trading Halts, Short Sales, Limit UpLimit Down, and Odd Lots and Mixed Lots to Reflect the Implementation of Pillar, the Exchange’s New Trading Technology Platform. The document contained typographical errors. FOR FURTHER INFORMATION CONTACT: Sonia Trocchio, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, (202) 551–5648. SUMMARY: Correction In the Federal Register of October 26, 2015 in FR Doc. 2015–27069, on page 65274, subsection (iii) of footnote 5, change the text, ‘‘amend proposed Rule 7.16P(f)(5)(C) to clarify that the Exchange would treat all odd lot orders ranked Priority 2—Display Orders in the same manner as Market Orders and other non-displayed orders,’’ to the text, ‘‘remove references to odd lot orders in proposed Rule 7.16P(f)(5)’’. On page 65276, in the 4th sentence of paragraph 3, remove the following language: ‘‘of odd-lot orders that are ranked Priority 2,’’. On page 65277, in the 1st sentence of the first full paragraph, change the text, ‘‘amends proposed Rule 7.16P(f)(5)(C) to clarify that the Exchange would treat all odd lot orders ranked Priority 2—Display Orders in the same manner as Market Orders and other non-displayed orders,’’ to the text, PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 ‘‘remove references to odd lot orders in proposed Rule 7.16P(f)(5)’’ Robert W. Errett, Deputy Secretary. [FR Doc. 2015–27877 Filed 11–2–15; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–76290; File No. SR–NYSE– 2015–49] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 123D To Specify That Exchange Systems May Open One or More Securities Electronically if a Designated Market Maker Registered in a Security or Securities Cannot Facilitate the Opening of Trading as Required by Exchange Rules October 28, 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 October 16, 2015, New York Stock Exchange LLC (‘‘NYSE’’ or the ‘‘Exchange’’) 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 amend Rule 123D to specify that Exchange systems may open one or more securities electronically if a Designated Market Maker registered in a security or securities cannot facilitate the opening of trading as required by Exchange rules. 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 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Notices 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 mstockstill on DSK4VPTVN1PROD with NOTICES 1. Purpose The Exchange proposes to amend Rule 123D to specify that Exchange systems may open one or more securities electronically if a Designated Market Maker (‘‘DMM’’) registered in a security or securities cannot facilitate the open of trading as required by Exchange rules.3 Currently, Rule 123D provides that openings may be effected manually or electronically. However, the current rule contemplates that openings would be facilitated by a DMM, as provided for in Rule 104(a)(2). The Exchange proposes to re-number Rule 123D to provide that current Rule 123D(1) would be renumbered as Rule 123D(a), and the heading would be amended to be referred to as ‘‘Openings.’’ 4 Proposed Rule 123D(a)(1) would include the current first paragraph of Rule 123D(1). The Exchange proposes to add a new paragraph (a)(2) to Rule 123D to provide that, if a DMM cannot facilitate the open of trading for one or more securities for which the DMM is registered, the Exchange would open those securities electronically on a quote or a trade as provided for in paragraphs (a)(3)–(a)(6) of the proposed Rule. Proposed Rule 123D(a)(2) would further provide that manually-entered Floor interest would not participate in any open effected 3 The proposed amendment contemplates that a DMM’s inability to open securities either manually or electronically would be related to business continuity disruptions such as the physical closing of the Exchange Trading Floor or equipment and connectivity breakdowns that prevent the DMM from opening a security either manually or electronically. When a DMM is unable to open securities manually or electronically, the DMM’s affirmative obligations under Rule 104 would not apply. 4 The Exchange would also delete the terms ‘‘Delayed’’ and ‘‘Halts in trading’’ from the current Rule 123D(1) heading. The Exchange further proposes to add a new sub-paragraph (b) to Rule 123D, before the current second paragraph of Rule 123D(1), which would be named ‘‘Delayed Openings/Halts in Trading.’’ The Exchange proposes further non-substantive amendments to renumber current Rule 123D(2) as 123D(c) and Rule 123D(4) as Rule 123D(d). As discussed below, the Exchange proposes to delete current Rule 123D(3) and related Supplementary Material .24. VerDate Sep<11>2014 18:04 Nov 02, 2015 Jkt 238001 electronically by the Exchange and if previously entered, would be ignored. Finally, proposed Rule 123D(a)(2) would provide that, unless otherwise specified, references to an open or opening in proposed Rules 123D(a)(3)– (a)(6) would also mean a reopening following a trading halt or pause. Proposed Rule 123D(a)(3) would specify when the Exchange would open a security on a trade and would provide that the Exchange would open a security on a trade if there is buy and sell interest that can trade a round lot or more at a price that is no greater than or no less than a specified range (‘‘Opening Price Range’’) away from the last sale price on the Exchange (‘‘Reference Price’’). Proposed Rule 123D(a)(3) would further provide that the Exchange would determine the Opening Price Range parameters upon advance notice to market participants. Unlike DMMs, who have the obligation to trade for their own account to supply liquidity as needed to facilitate openings,5 the Exchange would not supply any liquidity when effecting an electronic open. Without the addition of liquidity to offset an imbalance, pricing the opening based on a significant imbalance could result in an opening price that may not be reasonably related to the last sale price on the Exchange. To avoid opening a security at a price too far away from the last sale, the Exchange proposes to establish numerical guidelines to provide parameters regarding the price a security may open when the Exchange opens such security on a trade. The Exchange proposes to establish the Opening Price Range parameters from time to time upon advance notice to market participants, which is similar to how other markets function.6 Proposed Rule 123D(a)(3)(A)–(C) would specify how orders would participate if the Exchange opens a security on a trade. Proposed Rule 123D(a)(3)(A) would provide that if all interest guaranteed to participate in an opening trade under Rule 115A(b) 7 5 See Rule 104(a)(2) & 104(f)(ii). e.g., Nasdaq Stock Market LLC (‘‘Nasdaq’’) Rule 4752(b)[sic](2)(E) (Nasdaq management sets and modifies benchmarks and thresholds for the Nasdaq Opening Cross from time to time upon prior notice to market participants); NYSE Arca Equities, Inc. (‘‘NYSE Arca Equities’’) Rule 1.1(s)(A) (NYSE Arca Equities sets and modifiers price collar thresholds for the Market Order Auction from time to time upon prior notice to ETP Holders). 7 Rule 115A(b) provides that when arranging an opening or reopening price, except as provided for in Rule 115A(b)(2) which concerns opening a security on a quote, market interest would be guaranteed to participate in the opening or reopening transaction and have precedence over limit interest that is priced equal to the opening or reopening price of a security and DMM interest. For 6 See, PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 67823 could trade at a price consistent with the Opening Price Range, the opening trade would be at the price at which all such interest could trade. Proposed Rule 123D(a)(3)(B) would provide that if there are only Market Orders on both sides of the market, the opening price would be the Reference Price. Because the Exchange would open a security within specified guidelines, not all interest that is intended for the open may participate in such an open. Proposed Rule 123D(a)(3)(C) would therefore provide that if interest that is otherwise guaranteed to participate in an opening trade under Rule 115A(b) would cause an opening price to be outside the Opening Price Range, such interest would not be guaranteed to participate in the opening trade. In that case, the Exchange proposes that the opening trade would be at the price at which the maximum volume of shares is tradable that is closest to the Reference Price and that orders would be allocated in the following priority, which is based on the priority of orders set forth in Rule 115A(b): • Proposed Rule 123D(a)(3)(C)(i) would provide that Market and Marketon-Open (‘‘MOO’’) orders would trade first in time priority, provided that, during a Short Sale Period, sell short market orders and MOO orders would be adjusted to a Permitted Price 8 and would be considered limit orders for purposes of determining allocation priority. • Proposed Rule 123D(a)(3)(C)(ii) would provide that Stop Orders that purposes of the opening or reopening transaction, market interest includes (1) market and Market on Open (‘‘MOO’’) orders, (2) tick-sensitive market and MOO orders to buy (sell) that are priced higher (lower) than the opening or reopening price, (3) limit interest to buy (sell) that is priced higher (lower) than the opening or reopening price, and (iv) Floor broker interest entered manually by the DMM. See Rule 115A(b)(1)(A). For purposes of the opening or reopening transaction, limit interest would include (2) limited-priced interest, including-Quotes, Limit on Open (‘‘LOO’’) orders, and G orders; and (ii) tick-sensitive market and MOO orders that are priced equal to the opening or reopening price of a security. See Rule 115A(b)(1)(C). In addition, G orders that are priced equal to the opening or reopening price of a security would yield to all other limit interest priced equal to the opening or reopening price of a security except DMM interest. 8 As set forth in Rule 440B, a short sale price test is activated if the price of a listed security declines by 10% or more from the previous day’s last sale on the listing market and continues through the end of the following trading day (the ‘‘Short Sale Period’’). Pursuant to Rule 440B(e), Exchange systems will re-price short sale orders that are limited to the current national best bid (‘‘NBB’’) or lower and short sale market orders by one minimum price increment above the NBB (the ‘‘Permitted Price’’). The Permitted Price for securities for which the NBB is $1 or more is $.01 above the NBB; the Permitted Price for securities for which the NBB is below $1 is $.0001 above the NBB. E:\FR\FM\03NON1.SGM 03NON1 67824 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES would be elected based on the opening price would trade second in time priority. As further proposed, during a Short Sale Period, sell short Stop Orders that are priced to a Permitted Price that would be lower than the opening price would trade after all other Stop Orders and before all other interest priced equal to or lower than the opening price. • Proposed Rule 123D(a)(3)(C)(iii) would provide that Limit Orders (including Reserve Orders) to buy (sell) and e-Quotes (including Reserve eQuotes) to buy (sell) priced higher (lower) than the opening price would trade third on parity by agent under Rule 72(c).9 • Proposed Rule 123D(a)(3)(C)(iv) would provide that G-quotes 10 to buy (sell) priced higher (lower) than the opening price will trade fourth on parity by agent under Rule 72(c). • Finally, proposed Rule 123D(a)(3)(C)(v) would provide that all other limit interest that is priced equal to the opening price will trade last and be allocated consistent with Rule 115A(b)(1). Proposed Rule 123D(a)(4) would describe when the Exchange would open a security electronically on a quote. First, proposed Rule 123D(a)(4)(A) would provide that if interest of less than a round lot pairs off at a price within the Opening Price Range, the Exchange would open on a quote. In this circumstance, after opening on a quote, interest of less than a round lot would trade at the price closest to the Reference Price (or at the Reference Price if the only interest is market orders), but would not be reported as an opening trade. Proposed Rule 123D(a)(4)(B) would provide that the Exchange would open a security electronically on a quote if interest of any size pairs off at a price below (above) the lower (upper) boundary of the Opening Price Range, in which case, such paired-off interest would not trade. 9 Rule 72(c) describes the allocation of executions on the Exchange and Rule 72(c)(ii) provides that for purposes of share allocation in an execution, each single Floor broker, the DMM and orders collectively represented in Exchange systems shall constitute individual participants. Rule 72(c)(iv) provides that executed volume shall be allocated to each participant on parity. 10 Section 11(a)(1) of the Act, 15 U.S.C. 78k(a)(1), generally prohibits a member of a national securities exchange from effecting transactions on that exchange for its own account, the account of an associated person, or any account over which it or an associated person exercises discretion. Subsection (G) of Section 11(a)(1) provides an exemption allowing an exchange member to have its own floor broker execute a proprietary transaction (‘‘G order’’). A G-Quote is an electronic method for Floor brokers to represent G orders. G orders on NYSE yield priority, parity and precedence based on size to all other non-G orders. VerDate Sep<11>2014 18:04 Nov 02, 2015 Jkt 238001 Proposed Rule 123D(a)(4)(C) would provide that the Exchange would open a security electronically on a quote if there is no interest that can be quoted on either or both sides of the market. The proposed Rule would further specify that if an opening quote has a zero bid and/or a zero offer, it would not constitute an ‘‘Opening Price’’ as defined in Section I(I) of the Regulation NMS Plan to Address Extraordinary Market Volatility (the ‘‘Plan’’).11 Accordingly, if the Exchange were to open on a quote with a zero bid and/or a zero offer, it would not calculate a midpoint of the quote for purposes of calculating Price Bands as provided for in Section V(B)(1) of the Plan. Proposed Rule 123D(a)(5) would specify which information would be provided in advance of an opening or reopening. In order to provide transparency regarding the opening process, the Exchange proposes that during an opening effected by the Exchange, Order Imbalance Information pursuant to Rule 15(c) would be published.12 However, because the Exchange would not open a security at a price outside of specified ranges, the Exchange would not issue pre-opening indications in a security pursuant to either Rule 15(a) or 123D.13 The Exchange further proposes that it would publish pre-opening indications pursuant to Rule 123D(b) for a reopening following a regulatory halt. Proposed Rule 123D(a)(6) would describe under which circumstances the Exchange would cancel orders after opening on a trade or quote. A proposed in new Rule 123D(a)(6)(A), all unexecuted Market Orders, MOO 11 See Securities Exchange Act Release No. 67091, 77 FR 33498 (June 6, 2012) (File No. 4–631). 12 Order Imbalance Information reflects real-time order imbalances that accumulate prior to the opening transaction on the Exchange and the price at which interest eligible to participate in the opening transaction may be executed in full. Order Imbalance Information disseminated pursuant to Rule 15(c) includes all interest eligible for execution in the opening transaction of the security in Exchange systems, i.e., electronic interest, including Floor broker electronic interest, entered into Exchange systems prior to the opening. Order Imbalance Information is disseminated on the Exchange’s proprietary data feeds. See Rule 15(c)(1). 13 See Proposed Rule 123D(a)(2) (F) [sic]. Rule 123D(1) requires the dissemination of one or more indications in connection with any delayed opening where a security has not opened or been quoted by 10 a.m. In addition, Rule 123D(1) provides that dissemination of one or more indication is mandatory for an opening which will result in a ‘‘significant’’ price change from the previous close. For securities priced under $10, such indications are mandatory if the price change is one dollar of more; for securities between $10 and $99.99, indications are required for price movements of the lesser of 10% or three dollars; and for securities over $100, indications are required for price movements of five dollars or more. PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 Orders, and LOO Orders would be cancelled. This would be new behavior following an Exchange-facilitated open because under a DMM-facilitated open, all Market and MOO Orders are guaranteed to participate and therefore there would not be any unexecuted Market Orders or MOO Orders following an opening. Proposed Rule 123D(a)(6)(B) would provide that after an opening on a trade, buy (sell) Limit Orders priced higher (lower) than the opening price would be cancelled. Lastly, proposed Rule 123D(a)(6)(C) would provide that if interest would have paired off at a price below (above) the lower (upper) boundary of the Opening Price Range, after opening on a quote, sell (buy) Limit Orders would be cancelled. The Exchange proposes to cancel only the side of the orders that would cause an opening price to be outside of the Opening Price Range parameters; the other side would not be cancelled and would be included in the opening quote. The Exchange also proposes to delete current Rule 123D(3) and related Supplementary Material .24. Rule 123D(3) sets forth a non-regulatory trading halt condition titled ‘‘Investment Company Units or IndexLinked Securities Trading Condition’’ adopted to facilitate the listing and trading of all index-linked securities and ETFs from the Exchange to its affiliate NYSE Arca, Inc. (‘‘NYSE Arca’’) by December 31, 2007.14 The condition permits the Exchange to halt ETFs or index-linked securities after January 1, 2008 that remain listed on the NYSE.15 All NYSE-listed index-linked securities and ETFs have transferred to NYSE Arca and are no longer traded on the Exchange, rendering Rule 123D(3) and Supplementary Material .24 moot. Because of the technology changes associated with the proposed rule change, the Exchange proposes to announce the implementation date via Trader Update. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,16 in general, and furthers the objectives of Section 6(b)(5) of the Act,17 in particular, because it is designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, remove impediments to and perfect the mechanism of a free and 14 See Securities Exchange Act Release No. 57035 (December 21, 2007), 72 FR 74386 (December 31, 2007) (SR–NYSE–2007–117). 15 See id. 16 15 U.S.C. 78f(b). 17 15 U.S.C. 78f(b)(5). E:\FR\FM\03NON1.SGM 03NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Notices open market and a national market system, and protect investors and the public interest. The Exchange believes that permitting the Exchange to electronically open trading would remove impediments to and perfect the mechanism of a free and open market and a national market system by ensuring an orderly open if the registered DMM cannot manually or electronically facilitate the open of trading as required under Rule 104(a). Similarly, the proposal promotes just and equitable principles of trade and removes impediments to and perfects the mechanism of a free and open market by providing customers and the investing public with the certainty of an open in circumstances where business continuity disruptions or other emergencies would prevent the assigned DMMs from opening a security. For the same reasons, the proposal is also designed to protect investors as well as the public interest. The Exchange believes that the proposed amendment to Rule 123D(a)(3) to provide that openings effected by the Exchange would be within a proposed numerical guideline would remove impediments to and perfect the mechanism of a free and open market because, similar to how Nasdaq and NYSE Arca Equities function, it would enable the Exchange to set parameters for an opening to assure that the potential prices that a security may open would not be significantly away from the Reference Price. Similarly, the Exchange believes that excluding interest eligible for the open that would cause an execution to occur outside the Opening Price Range parameters, even if such interest would otherwise be required to be included in an open effected by a DMM, would remove impediments to and perfect the mechanism of a fair and orderly market because it would assure that the Exchange could effect the open within the proposed specified price ranges. The proposed rule therefore promotes just and equitable principles of trade because it provides transparency to entering firms of whether interest would be eligible to participate in a closing transaction effected by the Exchange. Finally, deleting an obsolete halt condition in 123D(3) and related Supplementary Material .24 removes impediments to and perfects the mechanism of a free and open market by removing confusion that may result from having obsolete references in the Exchange’s rulebook. The Exchange further believes that the proposal removes impediments to and perfects the mechanism of a free and open market by ensuring that persons subject VerDate Sep<11>2014 18:04 Nov 02, 2015 Jkt 238001 to the Exchange’s jurisdiction, regulators, and the investing public, can more easily navigate and understand the Exchange’s rulebook. The Exchange believes that eliminating obsolete references would not be inconsistent with the public interest and the protection of investors because investors will not be harmed and in fact would benefit from increased transparency, thereby reducing potential confusion. Removing such obsolete references will also further the goal of transparency and add clarity to the Exchange’s rules. 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 is not intended to address competitive issues but rather enable the Exchange to open trading where circumstances would prevent a DMM from facilitating an open. 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 18 and Rule 19b–4(f)(6) thereunder.19 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) 20 normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b4(f)(6)(iii),21 the Commission may designate a shorter time if such 18 15 U.S.C. 78s(b)(3)(A)(iii). CFR 240.19b–4(f)(6). 20 17 CFR 240.19b–4(f)(6). 21 17 CFR 240.19b–4(f)(6)(iii). 19 17 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 67825 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) 22 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– NYSE–2015–49 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–NYSE–2015–49. 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 22 15 E:\FR\FM\03NON1.SGM U.S.C. 78s(b)(2)(B). 03NON1 67826 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 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–NYSE– 2015–49, and should be submitted on or before November 24, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.23 Robert W. Errett, Deputy Secretary. [FR Doc. 2015–27911 Filed 11–2–15; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request Copies Available From: U.S. Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE., Washington, DC 20549–2736. Reinstatement: Rule 19h–1; SEC File No. 270–247; OMB Control No. 3235–0259. Notice by a Self-Regulatory Organization of Proposed Admission to or Continuance in Membership or Participation or Association With a Member of Any Person Subject to a Statutory Disqualification, and Applications to the Commission for Relief Therefrom Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the proposed request for reinstatement, with change, of a previously approved collection for which approval has expired—Rule 19h– 1, Notice by a Self-Regulatory Organization of Proposed Admission to or Continuance in Membership or Participation or Association With a Member of Any Person Subject to a Statutory Disqualification, and Applications to the Commission for Relief Therefrom (17 CFR 240.19h–1). The Commission plans to submit this request for reinstatement to the Office of Management and Budget (‘‘OMB’’) for approval. Rule 19h–1 (‘‘Rule’’) under the Securities Exchange Act of 1934 (the ‘‘Exchange Act’’) prescribes the form and content of notices and applications by self-regulatory organizations (‘‘SROs’’) regarding proposed admissions to, or continuances in, membership, participation or association with a member of any person subject to a statutory disqualification. The Commission uses the information provided in the submissions filed pursuant to Rule 19h–1 to review decisions of SROs to permit the entry into or continuance in the securities business of persons who have committed serious misconduct. The filings submitted pursuant to the Rule also permit inclusion of an application to the Commission for consent to associate with a member of an SRO notwithstanding a Commission order barring such association. The Commission reviews filings made pursuant to the Rule to ascertain whether it is in the public interest to permit the employment in the securities business of persons subject to a statutory disqualification. The filings contain information that is essential to the staff’s review and ultimate determination on whether an association or employment is in the public interest and consistent with investor protection. Without these filings, persons subject to a statutory disqualification could reenter or continue employment in the securities business without the Commission’s critical review of their character, ability to act as a fiduciary, and their employer’s plan of supervision. The failure to collect and review this information could result in significant harm to the investing public. The Commission estimates the annual burden of responding to this collection of information is as follows. BURDEN HOURS 19h–1(a)—Notice of admission or continuance notwithstanding a statutory disqualification Estimated number of respondents = .......... Estimated number of annual responses per respondent =. Estimated annual reporting burden per response =. mstockstill on DSK4VPTVN1PROD with NOTICES Estimated total annual reporting burden =. 19h–1(a)(4)—Notification of proposed admission or continuance pursuant to an exception from the notice requirements 19h–1(b)—Preliminary notifications 20 ........................................ 11 ........................................ 20 ........................................ 9 .......................................... 20 ........................................ 28 ........................................ 20. 5. 80 ........................................ 80 ........................................ 13 ........................................ 80. 17,600 (20 respondents × 11 annual responses per respondent × 80 hours per respondent). 14,400 (20 respondents × 9 annual responses per respondent × 80 hours per respondent). 7,280 (20 respondents × 28 annual responses per respondent × 13 hours per respondent). 8,000 (20 respondents × 5 annual responses per respondent × 80 hours per respondent). Written comments are invited on: (a) Whether this collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden imposed by the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the 23 17 collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. The Commission may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. Persons submitting comments on the collection of information requirements should direct them to Pamela Dyson, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or send an email to: PRA_Mailbox@sec.gov. Comments should reference SEC File CFR 200.30–3(a)(12). VerDate Sep<11>2014 18:04 Nov 02, 2015 Jkt 238001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 19h–1(d)—Application to the Commission for relief from certain statutory disqualifications E:\FR\FM\03NON1.SGM 03NON1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Notices]
[Pages 67822-67826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27911]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76290; File No. SR-NYSE-2015-49]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Amending Rule 123D To Specify That Exchange Systems May Open One or 
More Securities Electronically if a Designated Market Maker Registered 
in a Security or Securities Cannot Facilitate the Opening of Trading as 
Required by Exchange Rules

October 28, 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 October 16, 2015, New York Stock Exchange LLC (``NYSE'' or the 
``Exchange'') 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 amend Rule 123D to specify that Exchange 
systems may open one or more securities electronically if a Designated 
Market Maker registered in a security or securities cannot facilitate 
the opening of trading as required by Exchange rules. 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

[[Page 67823]]

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 Exchange proposes to amend Rule 123D to specify that Exchange 
systems may open one or more securities electronically if a Designated 
Market Maker (``DMM'') registered in a security or securities cannot 
facilitate the open of trading as required by Exchange rules.\3\
---------------------------------------------------------------------------

    \3\ The proposed amendment contemplates that a DMM's inability 
to open securities either manually or electronically would be 
related to business continuity disruptions such as the physical 
closing of the Exchange Trading Floor or equipment and connectivity 
breakdowns that prevent the DMM from opening a security either 
manually or electronically. When a DMM is unable to open securities 
manually or electronically, the DMM's affirmative obligations under 
Rule 104 would not apply.
---------------------------------------------------------------------------

    Currently, Rule 123D provides that openings may be effected 
manually or electronically. However, the current rule contemplates that 
openings would be facilitated by a DMM, as provided for in Rule 
104(a)(2). The Exchange proposes to re-number Rule 123D to provide that 
current Rule 123D(1) would be re-numbered as Rule 123D(a), and the 
heading would be amended to be referred to as ``Openings.'' \4\ 
Proposed Rule 123D(a)(1) would include the current first paragraph of 
Rule 123D(1).
---------------------------------------------------------------------------

    \4\ The Exchange would also delete the terms ``Delayed'' and 
``Halts in trading'' from the current Rule 123D(1) heading. The 
Exchange further proposes to add a new sub-paragraph (b) to Rule 
123D, before the current second paragraph of Rule 123D(1), which 
would be named ``Delayed Openings/Halts in Trading.'' The Exchange 
proposes further non-substantive amendments to re-number current 
Rule 123D(2) as 123D(c) and Rule 123D(4) as Rule 123D(d). As 
discussed below, the Exchange proposes to delete current Rule 
123D(3) and related Supplementary Material .24.
---------------------------------------------------------------------------

    The Exchange proposes to add a new paragraph (a)(2) to Rule 123D to 
provide that, if a DMM cannot facilitate the open of trading for one or 
more securities for which the DMM is registered, the Exchange would 
open those securities electronically on a quote or a trade as provided 
for in paragraphs (a)(3)-(a)(6) of the proposed Rule. Proposed Rule 
123D(a)(2) would further provide that manually-entered Floor interest 
would not participate in any open effected electronically by the 
Exchange and if previously entered, would be ignored. Finally, proposed 
Rule 123D(a)(2) would provide that, unless otherwise specified, 
references to an open or opening in proposed Rules 123D(a)(3)-(a)(6) 
would also mean a reopening following a trading halt or pause.
    Proposed Rule 123D(a)(3) would specify when the Exchange would open 
a security on a trade and would provide that the Exchange would open a 
security on a trade if there is buy and sell interest that can trade a 
round lot or more at a price that is no greater than or no less than a 
specified range (``Opening Price Range'') away from the last sale price 
on the Exchange (``Reference Price''). Proposed Rule 123D(a)(3) would 
further provide that the Exchange would determine the Opening Price 
Range parameters upon advance notice to market participants.
    Unlike DMMs, who have the obligation to trade for their own account 
to supply liquidity as needed to facilitate openings,\5\ the Exchange 
would not supply any liquidity when effecting an electronic open. 
Without the addition of liquidity to offset an imbalance, pricing the 
opening based on a significant imbalance could result in an opening 
price that may not be reasonably related to the last sale price on the 
Exchange. To avoid opening a security at a price too far away from the 
last sale, the Exchange proposes to establish numerical guidelines to 
provide parameters regarding the price a security may open when the 
Exchange opens such security on a trade. The Exchange proposes to 
establish the Opening Price Range parameters from time to time upon 
advance notice to market participants, which is similar to how other 
markets function.\6\
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    \5\ See Rule 104(a)(2) & 104(f)(ii).
    \6\ See, e.g., Nasdaq Stock Market LLC (``Nasdaq'') Rule 
4752(b)[sic](2)(E) (Nasdaq management sets and modifies benchmarks 
and thresholds for the Nasdaq Opening Cross from time to time upon 
prior notice to market participants); NYSE Arca Equities, Inc. 
(``NYSE Arca Equities'') Rule 1.1(s)(A) (NYSE Arca Equities sets and 
modifiers price collar thresholds for the Market Order Auction from 
time to time upon prior notice to ETP Holders).
---------------------------------------------------------------------------

    Proposed Rule 123D(a)(3)(A)-(C) would specify how orders would 
participate if the Exchange opens a security on a trade. Proposed Rule 
123D(a)(3)(A) would provide that if all interest guaranteed to 
participate in an opening trade under Rule 115A(b) \7\ could trade at a 
price consistent with the Opening Price Range, the opening trade would 
be at the price at which all such interest could trade. Proposed Rule 
123D(a)(3)(B) would provide that if there are only Market Orders on 
both sides of the market, the opening price would be the Reference 
Price.
---------------------------------------------------------------------------

    \7\ Rule 115A(b) provides that when arranging an opening or 
reopening price, except as provided for in Rule 115A(b)(2) which 
concerns opening a security on a quote, market interest would be 
guaranteed to participate in the opening or reopening transaction 
and have precedence over limit interest that is priced equal to the 
opening or reopening price of a security and DMM interest. For 
purposes of the opening or reopening transaction, market interest 
includes (1) market and Market on Open (``MOO'') orders, (2) tick-
sensitive market and MOO orders to buy (sell) that are priced higher 
(lower) than the opening or reopening price, (3) limit interest to 
buy (sell) that is priced higher (lower) than the opening or 
reopening price, and (iv) Floor broker interest entered manually by 
the DMM. See Rule 115A(b)(1)(A). For purposes of the opening or 
reopening transaction, limit interest would include (2) limited-
priced interest, including-Quotes, Limit on Open (``LOO'') orders, 
and G orders; and (ii) tick-sensitive market and MOO orders that are 
priced equal to the opening or reopening price of a security. See 
Rule 115A(b)(1)(C). In addition, G orders that are priced equal to 
the opening or reopening price of a security would yield to all 
other limit interest priced equal to the opening or reopening price 
of a security except DMM interest.
---------------------------------------------------------------------------

    Because the Exchange would open a security within specified 
guidelines, not all interest that is intended for the open may 
participate in such an open. Proposed Rule 123D(a)(3)(C) would 
therefore provide that if interest that is otherwise guaranteed to 
participate in an opening trade under Rule 115A(b) would cause an 
opening price to be outside the Opening Price Range, such interest 
would not be guaranteed to participate in the opening trade. In that 
case, the Exchange proposes that the opening trade would be at the 
price at which the maximum volume of shares is tradable that is closest 
to the Reference Price and that orders would be allocated in the 
following priority, which is based on the priority of orders set forth 
in Rule 115A(b):
     Proposed Rule 123D(a)(3)(C)(i) would provide that Market 
and Market-on-Open (``MOO'') orders would trade first in time priority, 
provided that, during a Short Sale Period, sell short market orders and 
MOO orders would be adjusted to a Permitted Price \8\ and would be 
considered limit orders for purposes of determining allocation 
priority.
---------------------------------------------------------------------------

    \8\ As set forth in Rule 440B, a short sale price test is 
activated if the price of a listed security declines by 10% or more 
from the previous day's last sale on the listing market and 
continues through the end of the following trading day (the ``Short 
Sale Period''). Pursuant to Rule 440B(e), Exchange systems will re-
price short sale orders that are limited to the current national 
best bid (``NBB'') or lower and short sale market orders by one 
minimum price increment above the NBB (the ``Permitted Price''). The 
Permitted Price for securities for which the NBB is $1 or more is 
$.01 above the NBB; the Permitted Price for securities for which the 
NBB is below $1 is $.0001 above the NBB.
---------------------------------------------------------------------------

     Proposed Rule 123D(a)(3)(C)(ii) would provide that Stop 
Orders that

[[Page 67824]]

would be elected based on the opening price would trade second in time 
priority. As further proposed, during a Short Sale Period, sell short 
Stop Orders that are priced to a Permitted Price that would be lower 
than the opening price would trade after all other Stop Orders and 
before all other interest priced equal to or lower than the opening 
price.
     Proposed Rule 123D(a)(3)(C)(iii) would provide that Limit 
Orders (including Reserve Orders) to buy (sell) and e-Quotes (including 
Reserve e-Quotes) to buy (sell) priced higher (lower) than the opening 
price would trade third on parity by agent under Rule 72(c).\9\
---------------------------------------------------------------------------

    \9\ Rule 72(c) describes the allocation of executions on the 
Exchange and Rule 72(c)(ii) provides that for purposes of share 
allocation in an execution, each single Floor broker, the DMM and 
orders collectively represented in Exchange systems shall constitute 
individual participants. Rule 72(c)(iv) provides that executed 
volume shall be allocated to each participant on parity.
---------------------------------------------------------------------------

     Proposed Rule 123D(a)(3)(C)(iv) would provide that G-
quotes \10\ to buy (sell) priced higher (lower) than the opening price 
will trade fourth on parity by agent under Rule 72(c).
---------------------------------------------------------------------------

    \10\ Section 11(a)(1) of the Act, 15 U.S.C. 78k(a)(1), generally 
prohibits a member of a national securities exchange from effecting 
transactions on that exchange for its own account, the account of an 
associated person, or any account over which it or an associated 
person exercises discretion. Subsection (G) of Section 11(a)(1) 
provides an exemption allowing an exchange member to have its own 
floor broker execute a proprietary transaction (``G order''). A G-
Quote is an electronic method for Floor brokers to represent G 
orders. G orders on NYSE yield priority, parity and precedence based 
on size to all other non-G orders.
---------------------------------------------------------------------------

     Finally, proposed Rule 123D(a)(3)(C)(v) would provide that 
all other limit interest that is priced equal to the opening price will 
trade last and be allocated consistent with Rule 115A(b)(1).
    Proposed Rule 123D(a)(4) would describe when the Exchange would 
open a security electronically on a quote. First, proposed Rule 
123D(a)(4)(A) would provide that if interest of less than a round lot 
pairs off at a price within the Opening Price Range, the Exchange would 
open on a quote. In this circumstance, after opening on a quote, 
interest of less than a round lot would trade at the price closest to 
the Reference Price (or at the Reference Price if the only interest is 
market orders), but would not be reported as an opening trade.
    Proposed Rule 123D(a)(4)(B) would provide that the Exchange would 
open a security electronically on a quote if interest of any size pairs 
off at a price below (above) the lower (upper) boundary of the Opening 
Price Range, in which case, such paired-off interest would not trade.
    Proposed Rule 123D(a)(4)(C) would provide that the Exchange would 
open a security electronically on a quote if there is no interest that 
can be quoted on either or both sides of the market. The proposed Rule 
would further specify that if an opening quote has a zero bid and/or a 
zero offer, it would not constitute an ``Opening Price'' as defined in 
Section I(I) of the Regulation NMS Plan to Address Extraordinary Market 
Volatility (the ``Plan'').\11\ Accordingly, if the Exchange were to 
open on a quote with a zero bid and/or a zero offer, it would not 
calculate a midpoint of the quote for purposes of calculating Price 
Bands as provided for in Section V(B)(1) of the Plan.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 67091, 77 FR 33498 
(June 6, 2012) (File No. 4-631).
---------------------------------------------------------------------------

    Proposed Rule 123D(a)(5) would specify which information would be 
provided in advance of an opening or reopening. In order to provide 
transparency regarding the opening process, the Exchange proposes that 
during an opening effected by the Exchange, Order Imbalance Information 
pursuant to Rule 15(c) would be published.\12\ However, because the 
Exchange would not open a security at a price outside of specified 
ranges, the Exchange would not issue pre-opening indications in a 
security pursuant to either Rule 15(a) or 123D.\13\ The Exchange 
further proposes that it would publish pre-opening indications pursuant 
to Rule 123D(b) for a re-opening following a regulatory halt.
---------------------------------------------------------------------------

    \12\ Order Imbalance Information reflects real-time order 
imbalances that accumulate prior to the opening transaction on the 
Exchange and the price at which interest eligible to participate in 
the opening transaction may be executed in full. Order Imbalance 
Information disseminated pursuant to Rule 15(c) includes all 
interest eligible for execution in the opening transaction of the 
security in Exchange systems, i.e., electronic interest, including 
Floor broker electronic interest, entered into Exchange systems 
prior to the opening. Order Imbalance Information is disseminated on 
the Exchange's proprietary data feeds. See Rule 15(c)(1).
    \13\ See Proposed Rule 123D(a)(2) (F) [sic]. Rule 123D(1) 
requires the dissemination of one or more indications in connection 
with any delayed opening where a security has not opened or been 
quoted by 10 a.m. In addition, Rule 123D(1) provides that 
dissemination of one or more indication is mandatory for an opening 
which will result in a ``significant'' price change from the 
previous close. For securities priced under $10, such indications 
are mandatory if the price change is one dollar of more; for 
securities between $10 and $99.99, indications are required for 
price movements of the lesser of 10% or three dollars; and for 
securities over $100, indications are required for price movements 
of five dollars or more.
---------------------------------------------------------------------------

    Proposed Rule 123D(a)(6) would describe under which circumstances 
the Exchange would cancel orders after opening on a trade or quote. A 
proposed in new Rule 123D(a)(6)(A), all unexecuted Market Orders, MOO 
Orders, and LOO Orders would be cancelled. This would be new behavior 
following an Exchange-facilitated open because under a DMM-facilitated 
open, all Market and MOO Orders are guaranteed to participate and 
therefore there would not be any unexecuted Market Orders or MOO Orders 
following an opening. Proposed Rule 123D(a)(6)(B) would provide that 
after an opening on a trade, buy (sell) Limit Orders priced higher 
(lower) than the opening price would be cancelled. Lastly, proposed 
Rule 123D(a)(6)(C) would provide that if interest would have paired off 
at a price below (above) the lower (upper) boundary of the Opening 
Price Range, after opening on a quote, sell (buy) Limit Orders would be 
cancelled. The Exchange proposes to cancel only the side of the orders 
that would cause an opening price to be outside of the Opening Price 
Range parameters; the other side would not be cancelled and would be 
included in the opening quote.
    The Exchange also proposes to delete current Rule 123D(3) and 
related Supplementary Material .24. Rule 123D(3) sets forth a non-
regulatory trading halt condition titled ``Investment Company Units or 
Index-Linked Securities Trading Condition'' adopted to facilitate the 
listing and trading of all index-linked securities and ETFs from the 
Exchange to its affiliate NYSE Arca, Inc. (``NYSE Arca'') by December 
31, 2007.\14\ The condition permits the Exchange to halt ETFs or index-
linked securities after January 1, 2008 that remain listed on the 
NYSE.\15\ All NYSE-listed index-linked securities and ETFs have 
transferred to NYSE Arca and are no longer traded on the Exchange, 
rendering Rule 123D(3) and Supplementary Material .24 moot.
---------------------------------------------------------------------------

    \14\ See Securities Exchange Act Release No. 57035 (December 21, 
2007), 72 FR 74386 (December 31, 2007) (SR-NYSE-2007-117).
    \15\ See id.
---------------------------------------------------------------------------

    Because of the technology changes associated with the proposed rule 
change, the Exchange proposes to announce the implementation date via 
Trader Update.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\16\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\17\ in particular, because it 
is designed to prevent fraudulent and manipulative acts and practices, 
promote just and equitable principles of trade, remove impediments to 
and perfect the mechanism of a free and

[[Page 67825]]

open market and a national market system, and protect investors and the 
public interest. The Exchange believes that permitting the Exchange to 
electronically open trading would remove impediments to and perfect the 
mechanism of a free and open market and a national market system by 
ensuring an orderly open if the registered DMM cannot manually or 
electronically facilitate the open of trading as required under Rule 
104(a). Similarly, the proposal promotes just and equitable principles 
of trade and removes impediments to and perfects the mechanism of a 
free and open market by providing customers and the investing public 
with the certainty of an open in circumstances where business 
continuity disruptions or other emergencies would prevent the assigned 
DMMs from opening a security. For the same reasons, the proposal is 
also designed to protect investors as well as the public interest.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed amendment to Rule 
123D(a)(3) to provide that openings effected by the Exchange would be 
within a proposed numerical guideline would remove impediments to and 
perfect the mechanism of a free and open market because, similar to how 
Nasdaq and NYSE Arca Equities function, it would enable the Exchange to 
set parameters for an opening to assure that the potential prices that 
a security may open would not be significantly away from the Reference 
Price. Similarly, the Exchange believes that excluding interest 
eligible for the open that would cause an execution to occur outside 
the Opening Price Range parameters, even if such interest would 
otherwise be required to be included in an open effected by a DMM, 
would remove impediments to and perfect the mechanism of a fair and 
orderly market because it would assure that the Exchange could effect 
the open within the proposed specified price ranges. The proposed rule 
therefore promotes just and equitable principles of trade because it 
provides transparency to entering firms of whether interest would be 
eligible to participate in a closing transaction effected by the 
Exchange.
    Finally, deleting an obsolete halt condition in 123D(3) and related 
Supplementary Material .24 removes impediments to and perfects the 
mechanism of a free and open market by removing confusion that may 
result from having obsolete references in the Exchange's rulebook. The 
Exchange further believes that the proposal removes impediments to and 
perfects the mechanism of a free and open market by ensuring that 
persons subject to the Exchange's jurisdiction, regulators, and the 
investing public, can more easily navigate and understand the 
Exchange's rulebook. The Exchange believes that eliminating obsolete 
references would not be inconsistent with the public interest and the 
protection of investors because investors will not be harmed and in 
fact would benefit from increased transparency, thereby reducing 
potential confusion. Removing such obsolete references will also 
further the goal of transparency and add clarity to the Exchange's 
rules.

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 is 
not intended to address competitive issues but rather enable the 
Exchange to open trading where circumstances would prevent a DMM from 
facilitating an open.

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 \18\ and Rule 19b-4(f)(6) thereunder.\19\ 
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.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \19\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\21\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    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) \22\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSE-2015-49 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-NYSE-2015-49. 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 67826]]

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-NYSE-2015-49, and should be submitted on or before 
November 24, 2015.
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-27911 Filed 11-2-15; 8:45 am]
 BILLING CODE 8011-01-P

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