Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 13-Equities To Eliminate Orders With a Sell “Plus” and Buy “Minus” Instruction and Retain Orders With a “Buy Minus Zero Plus” Instruction, and Make Conforming Changes to Rules 104-Equities, 107B-Equities, 123C-Equities and 1004-Equities, 60094-60097 [2016-20959]
Download as PDF
60094
Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices
SECURITIES AND EXCHANGE
COMMISSION
of the most significant parts of such
statements.
[Release No. 34–78692; File No. SR–
NYSEMKT–2016–81]
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Rule 13—
Equities To Eliminate Orders With a
Sell ‘‘Plus’’ and Buy ‘‘Minus’’
Instruction and Retain Orders With a
‘‘Buy Minus Zero Plus’’ Instruction,
and Make Conforming Changes to
Rules 104—Equities, 107B—Equities,
123C—Equities and 1004—Equities
August 26, 2016.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on August
19, 2016, NYSE MKT LLC (the
‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
mstockstill on DSK3G9T082PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Rule 13—Equities to eliminate orders
with a sell ‘‘plus’’ and buy ‘‘minus’’
instruction and retain orders with a
‘‘Buy Minus Zero Plus’’ instruction, and
(2) make conforming changes to Rules
104—Equities, 107B—Equities, 123C—
Equities and 1004—Equities. 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,
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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1. Purpose
The Exchange proposes to amend
Rule 13—Equities (‘‘Rule 13’’) to
eliminate orders with a sell ‘‘plus’’ and
buy ‘‘minus’’ instruction and retain
orders with a ‘‘Buy Minus Zero Plus’’
instruction, and make conforming
changes to Rules 104—Equities (‘‘Rule
104’’), 107B—Equities (‘‘Rule 107B’’),
123C—Equities (‘‘Rule 123C’’) and
1004—Equities (‘‘Rule 1004’’). The
Exchange proposes to eliminate orders
with a sell ‘‘plus’’ and buy ‘‘minus’’
instruction for all securities both to
streamline its rules and reduce
complexity among its order type
offerings.4
Because of the technology changes
associated with the proposed rule
change, the Exchange proposes to
announce the implementation date of
the elimination of the order types via
Trader Update.
Elimination of Sell ‘‘Plus’’ and Buy
‘‘Minus’’ Order Instructions (Rule 13)
The Exchange proposes to eliminate,
and thus delete from its rules, sell
‘‘plus’’ and buy ‘‘minus’’ order
instructions, as defined in Rule
13(f)(4)(A) and (B), respectively. Rule
13(f)(4)(B) would also be amended to
retain a ‘‘Buy Minus Zero Plus’’
instruction.
First, the Exchange proposes to
eliminate the sell ‘‘plus’’ order
instruction. An order with a sell ‘‘plus’’
instruction is an order that will not
trade at a price that is lower than the
last sale if the last sale was a ‘‘plus’’ or
‘‘zero plus’’ tick or that is lower than the
last sale plus the minimum fractional
change in the stock if the last sale was
a ‘‘minus’’ or ‘‘zero minus’’ tick, subject
to the limit price of an order, if
applicable.5
To reflect elimination of the sell
‘‘plus’’ order instruction, the Exchange
proposes to delete subsection (f)(4)(A) of
Rule 13, which defines the sell ‘‘plus’’
instruction, in its entirety. Subsection
(4)(B) of Rule 13(f), amended as
described below, would become new
subsection (4)(A).
4 See, e.g., Mary Jo White, Chair, Securities and
Exchange Commission, Speech at the Sandler
O’Neill & Partners, L.P. Global Exchange and
Brokerage Conference (June 5, 2014) (available at
www.sec.gov/News/Speech/Detail/Speech/
1370542004312#.U5HI-fmwJiw).
5 See Rule 13(f)(4)(A)—Equities.
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Second, the Exchange proposes to
eliminate the buy ‘‘minus’’ order
instruction defined in Rule 13(f)(4)(B)
and retain the ‘‘Buy Minus Zero Plus’’
order. An order with a buy ‘‘minus’’
instruction will not trade at a price that
is higher than the last sale if the last sale
was a ‘‘minus’’ or ‘‘zero minus’’ tick or
that is higher than the last sale minus
the minimum fractional change in the
stock if the last sale was a ‘‘plus’’ or
‘‘zero plus’’ tick, subject to the limit
price of an order, if applicable.6
Exchange rules would continue to
permit an order with a ‘‘Buy Minus Zero
Plus’’ instruction, which is currently a
sub-set of the instructions available
under Rule 13(f)(4)(B). A Buy Minus
Zero Plus order instruction assists
member organizations with compliance
with the ‘‘safe harbor’’ provisions of
Rule 10b–18 under the Act (‘‘Rule 10b–
18’’) for issuer repurchases.7 One of the
four provisions required to meet the safe
harbor provision is if the purchase price
of a security does not exceed the highest
independent bid or the last independent
transaction price.8 Because an order
with a Buy Minus Zero Plus instruction
will not trade at a price that is higher
than the last sale, member organizations
can use this instruction to facilitate their
compliance with at least one of the
conditions of the safe harbor provision
of Rule 10b–18.9
To reflect elimination of the buy
‘‘minus’’ order instruction and retention
of the ‘‘Buy Minus Zero Plus’’
instruction, the Exchange proposes to
add ‘‘Zero Plus’’ after ‘‘buy minus’’ in
the first sentence of proposed new Rule
13(f)(4)(A), capitalize ‘‘buy minus,’’ and
delete the phrase ‘‘if the last sale was a
‘minus’ or ‘zero minus’ tick or that is
higher than the last sale minus the
minimum fractional change in the stock
if the last sale was a ‘‘plus’’ or ‘‘zero
plus’’ tick’’ following ‘‘will not trade at
a price that is higher than the last sale.’’
As proposed, an order with an
instruction to ‘‘Buy Minus Zero Plus’’
would not trade at a price that is higher
than the last sale, subject to the limit
price of the order, if applicable.
The remaining subsections of Rule
13(f)(4) would be amended to reflect
these proposed changes, as follows.
6 See
Rule 13(f)(4)(B)—Equities.
17 CFR 240.10b–18.
8 See 17 CFR 240.10b–18(b)(3). The other three
conditions relate to time of purchases, volume of
purchases, and a requirement that only one broker
or dealer be involved in such repurchases on a
single day.
9 The Exchange does not represent that an order
with a Buy Minus Zero Plus instruction is
guaranteed to meet the requirements of the safe
harbor provision of Rule 10b–18; rather, this
instruction is available to member organizations to
facilitate their own compliance with Rule 10b–18.
7 See
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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices
Current subsection (C) provides that
sell ‘‘plus’’ and buy ‘‘minus’’
instructions are available for Limit
Orders, Limit-on-Open (‘‘LOO’’) Orders,
Limit-on-Close (‘‘LOC’’) Orders, and
Market-on-Close (‘‘MOC’’) Orders.
Further, the current rule provides that
orders with a buy ‘‘minus’’ instruction
that are systemically delivered to
Exchange systems will be eligible to be
automatically executed in accordance
with, and to the extent provided by,
Rules 1000–1004—Equities, consistent
with the order’s instructions.
Current subsection (C) would become
subsection (B) and would be amended
to reflect that the ‘‘Buy Minus Zero
Plus’’ order instruction would only be
available for limit orders. The Exchange
would accordingly amend the first
sentence of current subsection (C) to:
• Delete ‘‘sell ‘plus’ and’’;
• add ‘‘Zero Plus’’ after ‘‘buy minus’’
and capitalize ‘‘buy minus’’;
• delete ‘‘LOO Orders, LOC Orders,
and MOC Orders’’; and
• add the word ‘‘only’’ after ‘‘Limit
Orders’’.
The second sentence of proposed new
subsection (B) would be amended to:
• Add ‘‘Zero Plus’’ after ‘‘buy minus’’
and capitalize ‘‘buy minus’’; and
• delete the clause ‘‘or sell ‘plus’ ’’.
Finally, current subsection (D), which
provides that odd-lot sized transactions
shall not be considered the last sale for
purposes of executing sell ‘‘plus’’ or
‘‘buy’’ minus orders would become new
subsection (C) of Rule 13(f)(4). Proposed
new subsection (C) would be amended
to:
• Delete the clause ‘‘sell ‘plus’ or’’
before ‘‘buy minus’’; and capitalize ‘‘buy
minus’’; and
• add ‘‘Zero Plus’’ after ‘‘buy minus’’.
Conforming Amendments
The Exchange proposes certain
conforming amendments to Rules 104,
107B, 123C and 1004 to reflect the
elimination of sell ‘‘plus’’ and buy
‘‘minus’’ instruction as described above
as follows.
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Rule 104
The Exchange proposes to amend
Rule 104 (Dealings and Responsibilities
of Designated Market Makers
(‘‘DMMs’’)). Specifically, Rule 104(b)(vi)
provides that DMM units may not enter
certain orders and modifiers including,
among others, orders with Sell ‘‘Plus’’—
Buy ‘‘Minus’’ Instructions.
To conform Rule 104, the Exchange
proposes to delete ‘‘Sell ‘Plus’—’’ and
the quotes around the word ‘‘Minus’’
from Rule 104(b)(vi) and add the phrase
‘‘Zero Plus’’ after ‘‘Minus’’ and before
‘‘Instructions.’’ As proposed, Rule
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104(b)(vi) would provide that DMM
units may not enter orders with Buy
Minus Zero Plus Instructions.
Rule 107B
The Exchange proposes to amend
Rule 107B (Supplemental Liquidity
Providers), which sets forth the rules
governing Supplemental Liquidity
Providers (‘‘SLPs’’). An SLP is an
Exchange member organization that
electronically enters proprietary orders
or quotes from off the Floor into the
systems and facilities of the Exchange
and is obligated, among other things, to
maintain a bid or an offer at the NBB or
NBO in each assigned security in round
lots for at least 5% of the trading day,
on average, and for all assigned SLP
securities.10 Rules 107B(g) sets forth
how the Exchange calculates whether an
SLP is meeting its 5% quoting
requirement. Subsection (D)(iii) of Rule
107B(g) provides that tick sensitive
orders such as ‘‘‘Sell Plus’, ‘Buy Minus’
(see Rule 13) and ‘Buy Minus Zero
Plus’’’ will not be counted as credit
towards the 5% quoting requirement.
To conform Rule 107B, the Exchange
proposes to delete the phrase ‘‘Tick
sensitive orders (i.e., ‘‘Sell Plus’’ and
‘‘Buy Minus’’ orders (see Rule 13) and’’
in subsection (D)(iii), add the word
‘‘orders’’ following ‘‘Buy Minus Zero
Plus,’’ and delete a parenthesis and
quotation marks. As amended, Rule
107B(D)(iii) would provide that Buy
Minus Zero Plus orders will not be
counted as credit towards the 10%
quoting requirement.
Rule 123C
The Exchange proposes to amend
Rule 123C (The Closing Procedures),
which specifies the procedures to be
followed at the close of trading on the
Exchange.
Rule 123C(4)(a) describes how the
Exchange calculates MOC and LOC
imbalances, which is intended to
provide market participants with a
snapshot of the prices at which interest
eligible to participate in the closing
transaction would be executed in full
against each other at the time the data
feed is disseminated. Subsection (vi) of
Rule 123C(4)(a) provides that tick
sensitive MOC and LOC interest and
LOC orders priced equal to the last sale
can reduce the Buy or Sell Imbalance to
bring the imbalance quantity as close to
zero as possible. The Rule also provides
that the volume of tick sensitive MOC
and LOC orders eligible to reduce the
imbalance shall not cause the imbalance
to change to the other side.
10 See
PO 00000
Rule 107B(a)—Equities.
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60095
Rule 123C(4)(a)(vi)(A) specifies that,
in the event of a Buy Imbalance, only
Sell Plus MOC orders, Sell Plus LOC
orders priced equal to or below the last
sale price, and Sell and Sell Short LOC
orders priced equal to the last sale will
be included to offset the imbalance, and
that Sell Plus MOC and Sell Plus LOC
orders will be included to offset the
imbalance only if such orders could be
executed consistent with the terms of
their tick restrictions.
Rule 123C(4)(a)(vi)(B) specifies that,
in the event of a Sell Imbalance, only
Buy Minus MOC orders, Buy Minus
LOC orders priced equal to or above the
last sale price, and Buy LOC orders
priced equal to the last sale will be
included to offset the imbalance. The
Rule also provides that Buy Minus MOC
and Buy Minus LOC orders will be
included to offset the imbalance only if
such orders could be executed
consistent with the terms of their tick
restrictions.
To reflect the elimination of orders
with a sell ‘‘plus’’ instruction and buy
‘‘minus’’ instructions, i.e., tick-sensitive
orders, and the fact that as proposed,
Buy Minus Zero Plus orders would not
be available for MOC or LOC Orders, the
Exchange proposes to amend Rule 123C
as follows:
• Amend Rule 123C(4)(a)(vi) to delete
the phrase ‘‘tick sensitive MOC orders
and LOC orders and’’ before ‘‘LOC
orders priced equal to the last sale to
bring the imbalance quantity as close to
zero as possible.’’ The Exchange also
proposes to delete the last sentence in
Rule 123C(4)(a)(vi), which provides that
‘‘[t]he volume of tick sensitive MOC and
LOC orders eligible to reduce the
imbalance shall not cause the imbalance
to change to the other side.’’
• Amend Rule 123C(4)(a)(vi)(A) to
remove references to Sell Plus MOC
orders and Sell Plus LOC orders priced
equal to or below the last sale price. The
Exchange also proposes to delete the
last sentence of the subsection (A),
which provides that ‘‘Sell Plus MOC
and Sell Plus LOC orders will be
included to offset the imbalance only if
such orders could be executed
consistent with the terms of their tick
restrictions.’’
• Amend Rule 123C(4)(a)(vi)(B) to
remove references to Buy Minus MOC
orders and Buy Minus LOC orders
priced equal to or above the last sale
price. The Exchange also proposes to
delete the last sentence of the
subsection (B), which provides that
‘‘Buy Minus MOC and Buy Minus LOC
orders will be included to offset the
imbalance only if such orders could be
executed consistent with the terms of
their tick restrictions.’’
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mstockstill on DSK3G9T082PROD with NOTICES
Rule 1004
Finally, the Exchange proposes to
amend Rule 1004 (Election of Buy
Minus, Sell Plus and Stop Orders),
which provides that automatic
executions of transactions reported to
the Consolidated Tape shall elect,
among others, buy minus and sell plus
orders electable at the price of such
executions. The Rule further provides
that any buy minus and sell plus orders
so elected shall be automatically
executed as market orders pursuant to
Exchange rules.
To reflect the elimination of orders
with a Sell ‘‘Plus’’ and Buy ‘‘Minus’’
instruction and retention of ‘‘Buy Minus
Zero Plus’’ orders, the Exchange
proposes to add ‘‘Zero Plus’’ after ‘‘buy
minus’’ in Rule 1004, capitalize ‘‘buy
minus,’’ and delete the phrase ‘‘and sell
plus’’ in two places. The Exchange also
proposes to capitalize ‘‘market orders.’’
As amended, Rule 1004 would allow for
the automatic execution of Buy Minus
Zero Plus orders electable at the price of
such executions.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) 11 of the
Act, in general, and furthers the
objectives of Section 6(b)(5),12 in
particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, and to remove
impediments to and perfect the
mechanism of a free and open market
and a national market system.
Specifically, the Exchange believes
that eliminating orders with a sell
‘‘plus’’ and buy ‘‘minus’’ instruction
removes impediments to and perfects a
national market system by simplifying
functionality and complexity of its order
types. The Exchange believes that
eliminating these order types across all
securities 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 the removal of complex
functionality.
The Exchange further believes that
deleting corresponding references in
Exchange rules to deleted order types
also removes impediments to and
perfects the mechanism of a free and
open market by ensuring that members,
regulators and the public can more
easily navigate the Exchange’s rulebook
and better understand the orders types
11 15
12 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
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available for trading on the Exchange.
Removing obsolete cross references also
furthers the goal of transparency and
adds 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 change is not designed to
address any competitive issue but
would rather remove complex
functionality and obsolete crossreferences, thereby reducing confusion
and making the Exchange’s rules easier
to understand and navigate.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 13 and Rule
19b–4(f)(6) thereunder.14 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.15
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
13 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
15 17 CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
14 17
PO 00000
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Fmt 4703
Sfmt 4703
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–2016–81 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–NYSEMKT–2016–81. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEMKT–2016–81 and should be
submitted on or before September 21,
2016.
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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Brent J. Fields,
Secretary.
[FR Doc. 2016–20959 Filed 8–30–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78697; File No. SR–
BatsBZX–2016–53]
Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Amend Rule
19.6, Series of Options Contracts Open
for Trading, To Allow Wednesday
Expirations for SPY Options
August 26, 2016.
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 August
25, 2016, Bats BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Exchange has
designated this proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A) of the
Act 3 and Rule 19b–4(f)(6) thereunder,4
which renders it effective upon filing
with the Commission. The Commission
is publishing this notice to solicit
comments on the proposed rule change
from interested persons.
mstockstill on DSK3G9T082PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange filed a proposal to
amend Rule 19.6, entitled ‘‘Series of
Options Contracts Open for Trading,’’
related to the Short Term Option Series
(‘‘STOS’’) Program to allow Wednesday
expirations for SPY options. The
Exchange also proposes to make
corresponding changes to Rule 16.1,
entitled ‘‘Definitions.’’ The text of the
proposed rule change is available at the
Exchange’s Web site at
www.batstrading.com, at the principal
office of the Exchange, and at the
Commission’s Public Reference Room.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to harmonize the Exchange’s
rules with the rules governing Short
Term Options Series programs of other
options exchanges. Specifically, the
Exchange proposes to amend Rule 19.6,
entitled ‘‘Series of Options Contracts
Open for Trading,’’ related to the STOS
Program to allow Wednesday
expirations for SPY options. The
Exchange also proposes to make certain
corresponding changes to 16.1, entitled
‘‘Definitions.’’ The proposed rule
change is based on the recent approval
of a filing submitted by the BOX
Options Exchange LLC (‘‘BOX’’).5
Currently, under the STOS Program,
the Exchange may open for trading on
any Thursday or Friday that is a
business day series of options on that
class that expire on each of the next five
Fridays, provided that such Friday is
not a Friday in which monthly options
series or Quarterly Options Series expire
(‘‘Short Term Option Series’’). The
Exchange is now proposing to amend its
rule to permit the listing of options
expiring on Wednesdays. Specifically,
the Exchange is proposing that it may
open for trading on any Tuesday or
Wednesday that is a business day, series
of options on the SPDR S&P 500 ETF
Trust (‘‘SPY’’) to expire on any
Wednesday of the month that is a
business day and is not a Wednesday in
which Quarterly Options Series expire
(‘‘Wednesday SPY Expirations’’).6 The
proposed Wednesday SPY Expiration
series will be similar to the current
Short Term Option Series, with certain
exceptions, as explained in greater
16 17
1 15
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21:59 Aug 30, 2016
5 See Securities and Exchange Act Release No.
78668 (August 24, 2016) (SR–BOX–2016–28).
6 See proposed paragraph (g) of Interpretation and
Policy .05 to Rule 19.6.
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60097
detail below. The Exchange notes that
having Wednesday expirations is not a
novel proposal. Specifically, the
Chicago Board Options Exchange,
Incorporated (‘‘CBOE’’) recently
received approval to list Wednesday
expirations for broad-based indexes.7
In regards to Wednesday SPY
Expirations, the Exchange is proposing
to remove the current restriction
preventing it from listing Short Term
Option Series that expire in the same
week in which monthly option series in
the same class expire. Specifically, the
Exchange will be allowed to list
Wednesday SPY Expirations in the same
week in which monthly option series in
SPY expire. The current restriction to
prohibit the expiration of monthly and
Short Term Option Series from expiring
on the same trading day is reasonable to
avoid investor confusion. This
confusion will not apply with
Wednesday SPY Expirations and
standard monthly options because they
will not expire on the same trading day,
as standard monthly options do not
expire on Wednesdays. Additionally, it
would lead to investor confusion if
Wednesday SPY Expirations were not
listed for one week every month because
there was a monthly SPY expiration on
the Friday of that week.
Under the proposed Wednesday SPY
Expirations, the Exchange may list up to
five consecutive Wednesday SPY
Expirations at one time. The Exchange
may have no more than a total of five
Wednesday SPY Expirations listed. This
is the same listing procedure as Short
Term Option Series that expire on
Fridays. The Exchange is also proposing
to clarify that the five series limit in the
current Short Term Option Series
Program Rule will not include any
Wednesday SPY Expirations.8 This
means, under the proposal, the
Exchange would be allowed to list five
Short Term Option Series expirations
for SPY expiring on Friday under the
current rule and five Wednesday SPY
Expirations. The interval between strike
prices for the proposed Wednesday SPY
Expirations will be the same as those for
the current Short Term Option Series.
Specifically, the Wednesday SPY
Expirations will have $0.50 strike
intervals.
Currently, for each Short Term Option
Expiration Date,9 the Exchange is
7 See Securities Exchange Act Release No. 76909
(January 14, 2016), 81 FR 3512 (January 21, 2016)
(SR–CBOE–2015–106).
8 See proposed changes to Interpretation and
Policy .05 to Rule 19.6.
9 The Exchange may open for trading on any
Thursday or Friday that is a business day series of
options on that class that expire on each of the next
E:\FR\FM\31AUN1.SGM
Continued
31AUN1
Agencies
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60094-60097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20959]
[[Page 60094]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78692; File No. SR-NYSEMKT-2016-81]
Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Rule 13--
Equities To Eliminate Orders With a Sell ``Plus'' and Buy ``Minus''
Instruction and Retain Orders With a ``Buy Minus Zero Plus''
Instruction, and Make Conforming Changes to Rules 104--Equities, 107B--
Equities, 123C--Equities and 1004--Equities
August 26, 2016.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 19, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Rule 13--Equities to eliminate
orders with a sell ``plus'' and buy ``minus'' instruction and retain
orders with a ``Buy Minus Zero Plus'' instruction, and (2) make
conforming changes to Rules 104--Equities, 107B--Equities, 123C--
Equities and 1004--Equities. 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 Exchange proposes to amend Rule 13--Equities (``Rule 13'') to
eliminate orders with a sell ``plus'' and buy ``minus'' instruction and
retain orders with a ``Buy Minus Zero Plus'' instruction, and make
conforming changes to Rules 104--Equities (``Rule 104''), 107B--
Equities (``Rule 107B''), 123C--Equities (``Rule 123C'') and 1004--
Equities (``Rule 1004''). The Exchange proposes to eliminate orders
with a sell ``plus'' and buy ``minus'' instruction for all securities
both to streamline its rules and reduce complexity among its order type
offerings.\4\
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\4\ See, e.g., Mary Jo White, Chair, Securities and Exchange
Commission, Speech at the Sandler O'Neill & Partners, L.P. Global
Exchange and Brokerage Conference (June 5, 2014) (available at
www.sec.gov/News/Speech/Detail/Speech/1370542004312#.U5HI-fmwJiw).
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Because of the technology changes associated with the proposed rule
change, the Exchange proposes to announce the implementation date of
the elimination of the order types via Trader Update.
Elimination of Sell ``Plus'' and Buy ``Minus'' Order Instructions (Rule
13)
The Exchange proposes to eliminate, and thus delete from its rules,
sell ``plus'' and buy ``minus'' order instructions, as defined in Rule
13(f)(4)(A) and (B), respectively. Rule 13(f)(4)(B) would also be
amended to retain a ``Buy Minus Zero Plus'' instruction.
First, the Exchange proposes to eliminate the sell ``plus'' order
instruction. An order with a sell ``plus'' instruction is an order that
will not trade at a price that is lower than the last sale if the last
sale was a ``plus'' or ``zero plus'' tick or that is lower than the
last sale plus the minimum fractional change in the stock if the last
sale was a ``minus'' or ``zero minus'' tick, subject to the limit price
of an order, if applicable.\5\
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\5\ See Rule 13(f)(4)(A)--Equities.
---------------------------------------------------------------------------
To reflect elimination of the sell ``plus'' order instruction, the
Exchange proposes to delete subsection (f)(4)(A) of Rule 13, which
defines the sell ``plus'' instruction, in its entirety. Subsection
(4)(B) of Rule 13(f), amended as described below, would become new
subsection (4)(A).
Second, the Exchange proposes to eliminate the buy ``minus'' order
instruction defined in Rule 13(f)(4)(B) and retain the ``Buy Minus Zero
Plus'' order. An order with a buy ``minus'' instruction will not trade
at a price that is higher than the last sale if the last sale was a
``minus'' or ``zero minus'' tick or that is higher than the last sale
minus the minimum fractional change in the stock if the last sale was a
``plus'' or ``zero plus'' tick, subject to the limit price of an order,
if applicable.\6\
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\6\ See Rule 13(f)(4)(B)--Equities.
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Exchange rules would continue to permit an order with a ``Buy Minus
Zero Plus'' instruction, which is currently a sub-set of the
instructions available under Rule 13(f)(4)(B). A Buy Minus Zero Plus
order instruction assists member organizations with compliance with the
``safe harbor'' provisions of Rule 10b-18 under the Act (``Rule 10b-
18'') for issuer repurchases.\7\ One of the four provisions required to
meet the safe harbor provision is if the purchase price of a security
does not exceed the highest independent bid or the last independent
transaction price.\8\ Because an order with a Buy Minus Zero Plus
instruction will not trade at a price that is higher than the last
sale, member organizations can use this instruction to facilitate their
compliance with at least one of the conditions of the safe harbor
provision of Rule 10b-18.\9\
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\7\ See 17 CFR 240.10b-18.
\8\ See 17 CFR 240.10b-18(b)(3). The other three conditions
relate to time of purchases, volume of purchases, and a requirement
that only one broker or dealer be involved in such repurchases on a
single day.
\9\ The Exchange does not represent that an order with a Buy
Minus Zero Plus instruction is guaranteed to meet the requirements
of the safe harbor provision of Rule 10b-18; rather, this
instruction is available to member organizations to facilitate their
own compliance with Rule 10b-18.
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To reflect elimination of the buy ``minus'' order instruction and
retention of the ``Buy Minus Zero Plus'' instruction, the Exchange
proposes to add ``Zero Plus'' after ``buy minus'' in the first sentence
of proposed new Rule 13(f)(4)(A), capitalize ``buy minus,'' and delete
the phrase ``if the last sale was a `minus' or `zero minus' tick or
that is higher than the last sale minus the minimum fractional change
in the stock if the last sale was a ``plus'' or ``zero plus'' tick''
following ``will not trade at a price that is higher than the last
sale.'' As proposed, an order with an instruction to ``Buy Minus Zero
Plus'' would not trade at a price that is higher than the last sale,
subject to the limit price of the order, if applicable.
The remaining subsections of Rule 13(f)(4) would be amended to
reflect these proposed changes, as follows.
[[Page 60095]]
Current subsection (C) provides that sell ``plus'' and buy
``minus'' instructions are available for Limit Orders, Limit-on-Open
(``LOO'') Orders, Limit-on-Close (``LOC'') Orders, and Market-on-Close
(``MOC'') Orders. Further, the current rule provides that orders with a
buy ``minus'' instruction that are systemically delivered to Exchange
systems will be eligible to be automatically executed in accordance
with, and to the extent provided by, Rules 1000-1004--Equities,
consistent with the order's instructions.
Current subsection (C) would become subsection (B) and would be
amended to reflect that the ``Buy Minus Zero Plus'' order instruction
would only be available for limit orders. The Exchange would
accordingly amend the first sentence of current subsection (C) to:
Delete ``sell `plus' and'';
add ``Zero Plus'' after ``buy minus'' and capitalize ``buy
minus'';
delete ``LOO Orders, LOC Orders, and MOC Orders''; and
add the word ``only'' after ``Limit Orders''.
The second sentence of proposed new subsection (B) would be amended
to:
Add ``Zero Plus'' after ``buy minus'' and capitalize ``buy
minus''; and
delete the clause ``or sell `plus' ''.
Finally, current subsection (D), which provides that odd-lot sized
transactions shall not be considered the last sale for purposes of
executing sell ``plus'' or ``buy'' minus orders would become new
subsection (C) of Rule 13(f)(4). Proposed new subsection (C) would be
amended to:
Delete the clause ``sell `plus' or'' before ``buy minus'';
and capitalize ``buy minus''; and
add ``Zero Plus'' after ``buy minus''.
Conforming Amendments
The Exchange proposes certain conforming amendments to Rules 104,
107B, 123C and 1004 to reflect the elimination of sell ``plus'' and buy
``minus'' instruction as described above as follows.
Rule 104
The Exchange proposes to amend Rule 104 (Dealings and
Responsibilities of Designated Market Makers (``DMMs'')). Specifically,
Rule 104(b)(vi) provides that DMM units may not enter certain orders
and modifiers including, among others, orders with Sell ``Plus''--Buy
``Minus'' Instructions.
To conform Rule 104, the Exchange proposes to delete ``Sell
`Plus'--'' and the quotes around the word ``Minus'' from Rule
104(b)(vi) and add the phrase ``Zero Plus'' after ``Minus'' and before
``Instructions.'' As proposed, Rule 104(b)(vi) would provide that DMM
units may not enter orders with Buy Minus Zero Plus Instructions.
Rule 107B
The Exchange proposes to amend Rule 107B (Supplemental Liquidity
Providers), which sets forth the rules governing Supplemental Liquidity
Providers (``SLPs''). An SLP is an Exchange member organization that
electronically enters proprietary orders or quotes from off the Floor
into the systems and facilities of the Exchange and is obligated, among
other things, to maintain a bid or an offer at the NBB or NBO in each
assigned security in round lots for at least 5% of the trading day, on
average, and for all assigned SLP securities.\10\ Rules 107B(g) sets
forth how the Exchange calculates whether an SLP is meeting its 5%
quoting requirement. Subsection (D)(iii) of Rule 107B(g) provides that
tick sensitive orders such as ```Sell Plus', `Buy Minus' (see Rule 13)
and `Buy Minus Zero Plus''' will not be counted as credit towards the
5% quoting requirement.
---------------------------------------------------------------------------
\10\ See Rule 107B(a)--Equities.
---------------------------------------------------------------------------
To conform Rule 107B, the Exchange proposes to delete the phrase
``Tick sensitive orders (i.e., ``Sell Plus'' and ``Buy Minus'' orders
(see Rule 13) and'' in subsection (D)(iii), add the word ``orders''
following ``Buy Minus Zero Plus,'' and delete a parenthesis and
quotation marks. As amended, Rule 107B(D)(iii) would provide that Buy
Minus Zero Plus orders will not be counted as credit towards the 10%
quoting requirement.
Rule 123C
The Exchange proposes to amend Rule 123C (The Closing Procedures),
which specifies the procedures to be followed at the close of trading
on the Exchange.
Rule 123C(4)(a) describes how the Exchange calculates MOC and LOC
imbalances, which is intended to provide market participants with a
snapshot of the prices at which interest eligible to participate in the
closing transaction would be executed in full against each other at the
time the data feed is disseminated. Subsection (vi) of Rule 123C(4)(a)
provides that tick sensitive MOC and LOC interest and LOC orders priced
equal to the last sale can reduce the Buy or Sell Imbalance to bring
the imbalance quantity as close to zero as possible. The Rule also
provides that the volume of tick sensitive MOC and LOC orders eligible
to reduce the imbalance shall not cause the imbalance to change to the
other side.
Rule 123C(4)(a)(vi)(A) specifies that, in the event of a Buy
Imbalance, only Sell Plus MOC orders, Sell Plus LOC orders priced equal
to or below the last sale price, and Sell and Sell Short LOC orders
priced equal to the last sale will be included to offset the imbalance,
and that Sell Plus MOC and Sell Plus LOC orders will be included to
offset the imbalance only if such orders could be executed consistent
with the terms of their tick restrictions.
Rule 123C(4)(a)(vi)(B) specifies that, in the event of a Sell
Imbalance, only Buy Minus MOC orders, Buy Minus LOC orders priced equal
to or above the last sale price, and Buy LOC orders priced equal to the
last sale will be included to offset the imbalance. The Rule also
provides that Buy Minus MOC and Buy Minus LOC orders will be included
to offset the imbalance only if such orders could be executed
consistent with the terms of their tick restrictions.
To reflect the elimination of orders with a sell ``plus''
instruction and buy ``minus'' instructions, i.e., tick-sensitive
orders, and the fact that as proposed, Buy Minus Zero Plus orders would
not be available for MOC or LOC Orders, the Exchange proposes to amend
Rule 123C as follows:
Amend Rule 123C(4)(a)(vi) to delete the phrase ``tick
sensitive MOC orders and LOC orders and'' before ``LOC orders priced
equal to the last sale to bring the imbalance quantity as close to zero
as possible.'' The Exchange also proposes to delete the last sentence
in Rule 123C(4)(a)(vi), which provides that ``[t]he volume of tick
sensitive MOC and LOC orders eligible to reduce the imbalance shall not
cause the imbalance to change to the other side.''
Amend Rule 123C(4)(a)(vi)(A) to remove references to Sell
Plus MOC orders and Sell Plus LOC orders priced equal to or below the
last sale price. The Exchange also proposes to delete the last sentence
of the subsection (A), which provides that ``Sell Plus MOC and Sell
Plus LOC orders will be included to offset the imbalance only if such
orders could be executed consistent with the terms of their tick
restrictions.''
Amend Rule 123C(4)(a)(vi)(B) to remove references to Buy
Minus MOC orders and Buy Minus LOC orders priced equal to or above the
last sale price. The Exchange also proposes to delete the last sentence
of the subsection (B), which provides that ``Buy Minus MOC and Buy
Minus LOC orders will be included to offset the imbalance only if such
orders could be executed consistent with the terms of their tick
restrictions.''
[[Page 60096]]
Rule 1004
Finally, the Exchange proposes to amend Rule 1004 (Election of Buy
Minus, Sell Plus and Stop Orders), which provides that automatic
executions of transactions reported to the Consolidated Tape shall
elect, among others, buy minus and sell plus orders electable at the
price of such executions. The Rule further provides that any buy minus
and sell plus orders so elected shall be automatically executed as
market orders pursuant to Exchange rules.
To reflect the elimination of orders with a Sell ``Plus'' and Buy
``Minus'' instruction and retention of ``Buy Minus Zero Plus'' orders,
the Exchange proposes to add ``Zero Plus'' after ``buy minus'' in Rule
1004, capitalize ``buy minus,'' and delete the phrase ``and sell plus''
in two places. The Exchange also proposes to capitalize ``market
orders.'' As amended, Rule 1004 would allow for the automatic execution
of Buy Minus Zero Plus orders electable at the price of such
executions.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) \11\ of
the Act, in general, and furthers the objectives of Section
6(b)(5),\12\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78f(b).
\12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
Specifically, the Exchange believes that eliminating orders with a
sell ``plus'' and buy ``minus'' instruction removes impediments to and
perfects a national market system by simplifying functionality and
complexity of its order types. The Exchange believes that eliminating
these order types across all securities 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 the removal of
complex functionality.
The Exchange further believes that deleting corresponding
references in Exchange rules to deleted order types also removes
impediments to and perfects the mechanism of a free and open market by
ensuring that members, regulators and the public can more easily
navigate the Exchange's rulebook and better understand the orders types
available for trading on the Exchange. Removing obsolete cross
references also furthers the goal of transparency and adds 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 change is not
designed to address any competitive issue but would rather remove
complex functionality and obsolete cross-references, thereby reducing
confusion and making the Exchange's rules easier to understand and
navigate.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
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.\15\
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\13\ 15 U.S.C. 78s(b)(3)(A)(iii).
\14\ 17 CFR 240.19b-4(f)(6).
\15\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule 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-2016-81 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-NYSEMKT-2016-81. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2016-81 and should
be submitted on or before September 21, 2016.
[[Page 60097]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-20959 Filed 8-30-16; 8:45 am]
BILLING CODE 8011-01-P