Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.40 To Expand the Risk Limitation Mechanism to All Orders, Including Complex Orders, 89171-89176 [2016-29467]
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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
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50 option contracts may receive in
PRISM.
The Exchange believes that approving
the Pilot on a permanent basis is also
consistent with the Act. With respect to
the no minimum size requirement, the
Exchange believes that the data gathered
during the Pilot period indicates that
there is meaningful competition in
PRISM auctions for all size orders, there
is an active and liquid market
functioning on the Exchange outside of
the auction mechanism, and that there
are opportunities for significant price
improvement for orders executed
through PRISM.
With respect to the early termination
of a PRISM Auction, the Exchange
believes that it is appropriate to
terminate an auction any time the BX
BBO crosses the PRISM Order stop price
on the same side of the market as the
PRISM Order, or any time there is a
trading halt on the Exchange in the
affected series. Based on the data
gathered during the pilot, the Exchange
does not anticipate that either of these
conditions will occur with significant
frequency, or will otherwise disrupt the
functioning of PRISM auctions.
With respect to the requirement that
an unrelated market or marketable limit
order (against the BX BBO) on the
opposite side of the market from the
PRISM Order received during the
Auction will not cause the Auction to
end early and will execute against
interest outside of the Auction, the
Exchange does not believe that this
provision has had a significant impact
on either the unrelated order or the
PRISM auction process. The Exchange
also believes that allowing the PRISM
Auction to continue in this scenario will
allow the auction to run its full course
and, in so doing, will provide a full
opportunity for price improvement to
the PRISM Order. The Exchange also
notes that the unrelated order would be
available to participate in the PRISM
order allocation.
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 not
necessary or appropriate in furtherance
of the purposes of the Act. The proposal
will apply to all Exchange members,
and participation in the PRISM Auction
process is completely voluntary. Based
on the data collected by the Exchange
during the Pilot, the Exchange believes
that there is meaningful competition in
PRISM auctions for all size orders, there
are opportunities for significant price
improvement for orders executed
through PRISM, and that there is an
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active and liquid market functioning on
the Exchange outside of PRISM. The
Exchange believes that requiring
increased price improvement for PRISM
Orders may encourage competition by
attracting additional orders to
participate in PRISM. The Exchange
believes that approving the Pilot on a
permanent basis will not significantly
impact competition, as the Exchange is
proposing no other change to the Pilot
beyond implementing it on a permanent
basis.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the Exchange consents,
the Commission shall: (a) By order
approve or disapprove such proposed
rule change, or (b) institute proceedings
to determine whether the proposed rule
change should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
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–
BX–2016–063 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–BX–2016–063. 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/
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89171
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 Numbe SR–BX–
2016–063 and should be submitted on
or before December 30, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.27
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016–29463 Filed 12–8–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79469; File No. SR–
NYSEArca–2016–155]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Rule 6.40 To
Expand the Risk Limitation Mechanism
to All Orders, Including Complex
Orders
December 5, 2016.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on November
25, 2016, NYSE Arca, Inc. (‘‘NYSE
Arca’’ or the ‘‘Exchange’’) 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 Commission is
27 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
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 6.40 (Risk Limitation Mechanism)
to expand the risk limitation mechanism
to all orders, including Complex Orders.
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 6.40 (Risk Limitation Mechanism)
to expand the risk limitation mechanism
to all orders, including Complex
Orders.4
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Existing Risk Limitation Mechanism
Rule 6.40 sets forth the risk-limitation
system, which is designed to help
Market Makers, as well as OTP Firms
and OTP Holders (collectively, ‘‘OTPs’’),
better manage risk related to quoting
and submitting orders, respectively,
during periods of increased and
significant trading activity.5 The
4 Rule 6.62(e) defines a Complex Order as any
order involving the simultaneous purchase and/or
sale of two or more different option series in the
same underlying security, for the same account, in
a ratio that is equal to or greater than one-to-three
(.333) and less than or equal to three-to-one (3.00)
and for the purpose of executing a particular
investment strategy.
5 Market Makers are included in the definition of
OTPs and therefore, unless the Exchange is
discussing the quoting activity of Market Makers,
the Exchange does not distinguish Market Markers
from OTPs when discussing the risk limitation
mechanisms. See Rule 1.1(q) (defining OTP Holder
as ‘‘a natural person, in good standing, who has
been issued an OTP, or has been named as a
Nominee’’ that is ‘‘a registered broker or dealer
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Exchange requires Market Makers to
utilize its risk limitation mechanism,
which automatically removes a Market
Maker’s quotes in all series of an
options class when certain parameter
settings are breached.6 The Exchange
permits, but does not require, OTPs to
utilize its risk limitation mechanism for
certain orders, which automatically
cancels such orders when certain
parameter settings are breached.7
Pursuant to Rule 6.40, the Exchange
establishes a time period during which
the NYSE Arca System (‘‘System’’) 8
calculates for quotes and orders,
respectively: (1) The number of trades
executed by the Market Maker or OTP
in a particular options class; (2) the
volume of contracts traded by the
Market Maker or OTP in a particular
options class; or (3) the aggregate
percentage of the Market Maker’s quoted
size or OTP’s order size(s) executed in
a particular options class (collectively,
the ‘‘risk settings’’).9 When a Market
Maker or OTP has breached its risk
settings (i.e., has traded more than the
contract or volume limit or cumulative
percentage limit of a class during the
specified measurement interval), the
System will cancel all of the Market
Maker’s quotes or the OTP’s open orders
in that class until the Market Maker or
OTP notifies the Exchange it will
resume submitting quotes or orders.10
pursuant to Section 15 of the Securities Exchange
Act of 1934, or a nominee or an associated person
of a registered broker or dealer that has been
approved by the Exchange to conduct business on
the Exchange’s Trading Facilities’’). See also Rule
6.32(a) (defining a Market Maker as an individual
‘‘registered with the Exchange for the purpose of
making transactions as a dealer-specialist on the
Floor of the Exchange or for the purpose of
submitting quotes electronically and making
transactions as a dealer-specialist through the NYSE
Arca OX electronic trading system’’).
6 See Rule 6.40(b)(3), (c)(3), (d)(3) and (e)(3). See
also Commentary .04 to Rule 6.40 (providing that
Market Makers are required to utilize one of the
three risk settings for their quotes).
7 See Rule 6.40(b)(1), (2); (c)(1), (c)(2), (d)(1),
(d)(2) and Commentary .01 to Rule 6.40 (regarding
the cancellation of orders once the risk settings
have been breached). See also Commentary .04 to
Rule 6.40 (providing that OTPs may avail
themselves of one of the three risk limitation
mechanisms for certain of their orders).
8 The Exchange proposes to define ‘‘System’’ as
a shorthand reference to the term ‘‘NYSE Arca
System’’ and replace uses of the term ‘‘NYSE Arca
System’’ with the term ‘‘System’’ throughout the
rule text. See proposed Rule 6.40(a),(e), (f), and
Commentaries .01, .02, .05 and .06 to the Rule.
9 See Rule 6.40(a)–(e) (settings forth the three risk
limitation mechanisms available: TransactionBased, Volume-Based and Percentage-Based). A
Market Maker may activate one Risk Limitation
Mechanism for its quotes (which is required) and
a different Risk Limitation Mechanism for its orders
(which is optional), even if both are activated for
the same class. See also Commentary .04 to Rule
6.40.
10 See Commentaries .01 and .02 to Rule 6.40
(requiring that a Market Maker or OTP request that
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The temporary suspension of quotes or
orders from the market that results
when the risk settings are triggered is
meant to operate as a safety valve that
enables Market Makers and/or OTPs to
re-evaluate their positions before
requesting to re-enter the market.
Proposed Expansion of Risk Limitation
Mechanism to All Orders
Currently, OTPs may voluntarily
utilize risk settings for PNP Orders,
PNP-Blind Orders, PNP-Light Orders
and Liquidity Adding Orders (‘‘ALO’’)
submitted via ArcaDirect, which are
defined as ‘‘Applicable Orders’’.11
Given the importance of risk settings in
today’s trading environment, the
Exchange proposes to expand the
availability of the risk settings to all
orders traded on the Exchange.
The Exchange believes that expanding
the availability of the risk settings to all
orders would reduce the likelihood of
unintended trades and would enable
OTPs to re-evaluate their positions
before requesting to re-enter the market
if a risk setting is triggered. The
proposed expansion would, for
example, prevent the execution of a
large set of orders that are improperly
priced for any number of reasons (i.e.,
because of a malfunctioning algorithm,
the orders are left over from the prior
day, etc.). By preventing the execution
of such trades, the Exchange may help
parties (including clearing members)
avoid large trading losses. Thus, the
Exchange believes the proposed
expansion of the risk settings to all
orders would allow OTPs to better
manage the potential risks of multiple
executions against an OTP’s trading
interest that, in today’s highly
automated and electronic trading
environment, can occur simultaneously
across multiple series and multiple
option classes. Consistent with the
ability to better manage risk, the
Exchange anticipates that the proposed
changes would enhance the Exchange’s
overall market quality as a result of
narrowed quote widths and increased
liquidity for series traded on the
Exchange. This proposed expansion is
also being made, in part, to be
responsive to requests from OTPs that
engage in high-volume trading in a
it be re-enabled after a breach of its risk settings).
In the event that a Market Maker or OTP
experiences multiple, successive triggers of its risk
settings, the Exchange would cancel all of the
quotes or Applicable Orders—as opposed to
cancelling only those in the option class
(underlying symbol) in which the risk settings were
triggered. See Rule 6.40(f) and Commentary .02 to
Rule 6.40.
11 See Commentary .07 to Rule 6.40. For purposes
of risk settings relating to orders, the Exchange does
not distinguish Market Maker from OTPs.
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multitude of series and classes. The
Exchange believes that the proposal to
make the risk settings available for all
orders would assist OTPs in providing
a means to calibrate and monitor their
risk exposure on all orders. As is the
case today, the proposed availability of
risk settings for all of an OTP’s orders
would not be mandated, but risk
settings would continue to be mandated
for all Market Maker quotes.12
To effect this change, the Exchange
proposes to amend Rule 6.40(a)(1) to
provide that the Exchange would
maintain separate ‘‘trade counters’’ for
each of the following scenarios: (i)
When any order, including a single-leg
order or any leg of a Complex Order
submitted by an OTP is executed in any
series in a specified class; and (ii) when
a Market Maker quote is executed in any
series in an appointed class.13 The
Exchange proposes this rule text to
replace the current rule text that covers
the Applicable Orders of non-Market
Makers and Market Makers,
respectively.14 Because Market Makers
are also OTPs, and because the
operation of the risk settings for orders
are identical for all OTPs, the Exchange
proposes to streamline the rule text—in
Rule 6.40(a)(1) and throughout the
Rule—by removing reference to ‘‘nonMarket Makers’’ as superfluous and
potentially confusing.15 Instead of
separately addressing risk settings for
orders that are available to Market
Makers and non-Market Makers, the
proposed rule would simply address the
option as being available to all OTPs.
Proposed Rule 6.40(a)(1) would further
provide that for each of these scenarios,
the trade counters would be
incremented every time a trade is
executed, in accordance with
Commentary .07 to Rule 6.40.
The Exchange proposes to amend
paragraphs (b), (c), (d), (e), and (f) to
make similar changes so that each of
these paragraphs would have two subparagraphs that would be parallel to the
proposed changes to Rule 6.40(a)(1):
• The first sub-paragraph of each
paragraph would address how the
specific risk setting would be applied to
an OTP’s orders, which would be the
12 See proposed Commentary .04 (a) and (b) to
Rule 6.40.
13 See proposed Rule 6.40(a)(1)(i)–(ii).
14 The Exchange also proposes the nonsubstantive modification to replace uses of the term
‘‘shall’’ with the term ‘‘will’’ throughout the rule
text. See generally proposed Rule 6.40.
15 See supra note 5. See also proposed Rule
6.40(a)(1), (b)(1), (c)(1), (d)(1), (e)(1), (f)(1)
(collapsing into one paragraph the separate
paragraphs in the current Rule relating to risk
settings for orders sent by Market Maker and nonMarket Makers and updating cross-references to
condensed rule text).
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substantive change, as further described
below. These proposed sub-paragraphs
would replace current rule text in each
paragraph governing how the specific
risk setting would apply to a nonMarket Maker’s or Market Maker’s
Applicable Orders. Accordingly, current
sub-paragraph (2) to each of paragraphs
(b), (c), (d), (e), and (f) would be deleted.
The proposed second sub-paragraph
of each paragraph would address how
the specific risk setting would be
applied to a Market Marker’s quotes, as
further described below. Accordingly,
current sub-paragraph (3) to each of
paragraphs (b), (c), (d), (e), and (f) would
be re-numbered as sub-paragraph (2).
In addition to the substantive change
to expand risk settings to all orders, the
Exchange further proposes to make nonsubstantive amendments to each of the
proposed sub-paragraphs to paragraphs
(b), (c), and (d). The Exchange believes
that the proposed rule text would
simplify and streamline the rule by
describing a risk setting being triggered
when an OTP’s orders or Market
Marker’s quotes ‘‘have traded’’ rather
than using the more cumbersome text
that an order or quote has been traded
‘‘against.’’ When addressing an OTP’s
orders, the proposed rules would
provide that the risk setting would be
applicable to all orders in a specific
class. When addressing a Market
Maker’s quotes, the proposed rules
would provide that the risk setting
would be applicable to all of the Market
Maker’s quotes in an appointed class.
For each risk setting, the proposed new
text would provide as follows.
• The Transaction-Based Risk
Limitation Mechanism, described in
Rule 6.40(b), would be triggered under
the following conditions:
Æ When a trade counter indicates that
within a time period specified by the
Exchange, ‘‘n’’ executions of an OTP’s
open orders have traded in a specific
class (proposed Rule 6.40(b)(1)); or
Æ when a trade counter indicates that
within a time period specified by the
Exchange, ‘‘n’’ executions of a Market
Marker’s quotes have traded in an
appointed class (proposed Rule
6.40(b)(2)).
• The Volume-Based Risk Limitation
Mechanism, described in Rule 6.40(c),
would be triggered under the following
conditions:
Æ When a trade counter indicates that
within a time period specified by the
Exchange, ‘‘k’’ contracts of an OTP’s
open orders have traded in a specific
class (proposed Rule 6.40(c)(1)); or
Æ when a trade counter indicates that
within a time period specified by the
Exchange, ‘‘k’’ contracts of a Market
Maker’s quotes have traded in an
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89173
appointed class (proposed Rule
6.40(c)(2)).
• The Percentage-Based Risk
Limitation Mechanism, described in
Rule 6.40(d), would be triggered under
the following conditions:
Æ When a trade counter has
calculated that within a time period
specified by the Exchange, ‘‘p’’
percentage of an OTP’s open orders
have traded in a specific class (proposed
Rule 6.40(d)(1)); or
Æ when a trade counter has calculated
that within a time period specified by
the Exchange, ‘‘p’’ percentage of a
Market Maker’s quotes have traded in an
appointed class (proposed Rule
6.40(d)(2)).
The Exchange also proposes clarifying
changes to how the Percentage-Based
Risk Limitation Mechanism operates.
The Exchange proposes to modify Rule
6.40(d)(2)(i)–(ii) to make clear that the
trade counter would first calculate, for
each series of an option class, ‘‘the
percentage(s) of an OTP’s order size(s)
or a Market Maker’s quote size that is
executed on each side of the market,
including both displayed and nondisplayed size,’’ and would then ‘‘sum
the overall percentages of the size(s) for
the entire option class to calculate the
‘p’ percentage.’’ The proposed changes
are designed to account for the fact that
OTPs may submit multiple orders on
each side of the market that may be
counted by the risk settings (whereas
Market Makers have only one quote on
each side of the market) and to reduce
excess verbiage to streamline and
condense the rule text, which the
Exchange believes adds clarity and
transparency to the Rule.
Proposed Changes Regarding Routable
Orders
Because the proposed expansion of
risk settings for orders would include
routable orders, the Exchange proposes
to amend Rule 6.40 to address the
counting and cancellation of such
orders (or unexecuted portions thereof).
First, the Exchange proposes to add rule
text to Commentary .07 to Rule 6.40 to
provide that executions of routable
orders on away markets would be
considered by a trade counter once the
execution report is received by the
Exchange.16 The Exchange also
16 The Exchange also proposes to delete as
inapplicable the rule text in Commentary .07 to
Rule 6.40 providing that ‘‘[o]nly executions against
order types specified by the Exchange via Trader
Update and against quotes of Market Makers shall
be considered by a trade counter.’’ The Exchange
likewise proposes to delete the rule text from
Commentary .07 to Rule 6.40 that defines
‘‘Applicable Orders,’’ given that this limitation no
longer applies. In this regard, the Exchange
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proposes to amend Commentary .07 to
Rule 6.40 to provide that executions of
each leg of a Complex Order would be
considered by a trade counter as an
individual transaction.
Regarding cancellations, the Exchange
proposes to amend Commentary .01 to
Rule 6.40 to provide that once the risk
settings have been triggered, pursuant to
paragraphs (e) and (f) of the Rule, the
System would automatically generate a
‘‘bulk cancel’’ message to cancel Market
Maker quotes and electronic orders, or
portions thereof, that have not been
routed to away markets, excluding
intraday and prior day Good-Till-Cancel
(‘‘GTC’’), All-or-None (‘‘AON’’), and
orders entered in response to an
electronic auction that are valid only for
the duration of the auction (‘‘GTX’’).17
The Exchange has determined that it
would not cancel GTC, AON, or GTX
orders because these order types are
typically retail orders which, if
automatically cancelled by the
Exchange, could cause an operational
issue for any firm that entered the
order(s) (i.e., exposing a firm to the risk
of a missed execution on an order that
has come due).18 Given these potential
operational issues, and for the
protection of investors and the investing
public, the Exchange has determined to
exempt these order types from
automatic cancellation when the risk
settings are triggered.19 The Exchange
also proposes to amend Commentary .01
to Rule 6.40 to provide that ‘‘[o]rders
and quotes residing in the Consolidated
Book received prior to processing of the
bulk cancel message may trade. Any
unexecuted portion of an order subject
to a ‘bulk cancel’ message that had
routed away, but returned unexecuted,
will be immediately cancelled.’’ 20
proposes to delete reference to ‘‘Applicable Orders’’
throughout the rule text and, where pertinent, and
[sic] to replace uses of the term ‘‘Applicable
Orders’’ with ‘‘orders.’’
17 In light of this change, the Exchange proposes
to delete the following rule text in Commentary .01
to Rule 6.40 as no longer applicable: ‘‘The bulk
cancel message shall be processed by the NYSE
Arca System in time priority with any other quote
or order message received by the NYSE Arca
System. Any Applicable Orders or quotes that
matched with a Market Maker’s quote or a Market
Maker’s or non-Market Maker’s Applicable Order
and were received by the NYSE Arca System prior
to the receipt of the bulk cancel message shall be
automatically executed.’’ See id.
18 See, e.g., Rule 6.62(n) (defining GTC as buy or
sell orders that remain in force until the order is
filled, cancelled or the option contract expires);
(d)(4) (defining AON orders as a Market or Limit
Order that is to be executed in its entirety or not
at all).
19 The Exchange notes that the trade counters
would be incremented every time a GTC, AON or
GTX order is executed, subject to proposed
Commentary .07. See proposed Rule 6.40(a)(1).
20 Relatedly, the Exchange proposes to delete the
following rule text in Commentary .01 to Rule 6.40:
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In addition to the foregoing changes to
paragraphs (e) and (f) of Rule 6.40, the
Exchange also proposes to amend these
paragraphs to address the action (i.e.,
cancellations) that the System would
effect upon the triggering of the risk
settings to account for the proposed
amendments to Commentary .01 to the
Rule. Specifically, the Exchange
proposes to modify sub-paragraph (1) to
both paragraphs (e) and (f) to provide
that if a risk setting is triggered, the
System would automatically cancel an
OTP’s orders, ‘‘except as provided in
Commentary .01 to this Rule.’’ Finally,
the Exchange proposes to make
additional conforming changes to
Commentary .02 to Rule 6.40 to specify
that once the risk settings have been
breached, any new orders (or quotes)
would not be accepted until the OTP or
Market Maker contacts the Exchange
and requests to be re-enabled.
Proposed Changes to Persistence of Risk
Settings for Orders
The Exchange also proposes to amend
Commentary .04 to Rule 6.40 to specify
the persistence of the risk settings, once
activated, by an OTP for orders to
conform this Commentary to the
changes described above to delineate
risk settings between an OTP’s orders
and a Market Maker’s quotes.
Specifically, the Exchange proposes to
divide Commentary .04 into two
paragraphs to make it easier to
navigate—paragraph (a) would address
the persistence of risk settings for
quotes, and paragraph (b) would address
the persistence of risk settings for
orders.
Current Commentary .04 to Rule 6.40
provides that an OTP must activate its
risk settings for orders on a daily basis.
The Exchange proposes to amend this
Commentary .04 to specify that ‘‘[o]nce
an OTP activates a Risk Limitation
Mechanism for its orders in a specified
class, the mechanism and the settings
established will remain active unless,
and until, the OTP deactivates the Risk
Limitation Mechanism or changes the
settings.’’ 21 While the risk settings for
orders remain an optional feature, the
Exchange believes this change would
‘‘Applicable Orders or quotes received by the NYSE
Arca System after receipt of the bulk cancel
message shall not be executed.’’
21 See proposed Commentary .04(b) to Rule 6.40
(specifying that, ‘‘[t]o be effective, an OTP must
activate a Risk Limitation Mechanism, and
corresponding settings, for orders in a specified
class’’). Regarding the risk settings for quotes, the
Exchange proposes to delete as inapplicable rule
text that indicates that a Market Maker may
deactivate its risk settings for quotes, as this
functionality is mandated by the Exchange. See
proposed Commentary .04(a) to Rule 6.40. The
Exchange believes removing this language would
add clarity and consistency to the Rule.
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
enable each OTP to calibrate its settings
as needed, as opposed to re-establishing
the settings on a daily basis.
Proposed Modifications to Parameters
for Each Risk Limitation Mechanism
The Exchange proposes to adjust the
minimum and maximum parameters for
the Risk Limitation Mechanism as set
forth in Commentary .03 to the Rule.
The current Rule provides that the
Exchange would not exceed the
following minimum and maximum
parameters, applicable to quotes and
orders:
• Minimum of 1 and maximum of 100
for transaction-based risk setting;
• Minimum of 20 and a maximum of
5,000 for volume-based risk setting; and
• Minimum of 100 and a maximum of
2,000 for percentage-based risk
setting.22
The existing parameters have been in
place since 2012 and the Exchange has
not modified or increased these
parameters in the past four years.23
Since 2012, the markets have
experienced more volatility and
fragmentation. To account for these
changes, as well as the ever-increasing
automation, speed and volume
transacted in today’s electronic trading
environment, the Exchange proposes to
modify the minimum and maximum
parameters, applicable to quotes and
orders, as follows:
• Minimum of 3 and maximum of
2,000 for the transaction-based setting;
• Minimum of 20 and a maximum of
500,000 for volume-based setting: And
• Minimum of 100 and a maximum of
200,000 for percentage-based setting.24
Although this proposal establishes the
outside parameters of allowable settings,
Rule 6.40 would still obligate the
Exchange to announce via Trader
Update ‘‘any applicable minimum,
maximum and/or default settings for the
Risk Limitation Mechanisms,’’ which
would afford Market Makers and OTPs
the opportunity to adjust their own risk
settings within the announced
parameters.25 The Exchange further
believes the proposed adjustments to
the minimum/maximum parameters
would enable the Exchange to strike the
appropriate balance to ensure that risk
settings may be established at a level
that is consistent with existing market
conditions, which would enable the risk
settings to operate in the manner
22 See
Commentary .03 to Rule 6.40.
Securities Exchange Act Release No. 67714
(August 22, 2012), 77 FR 52098 (August 28, 2012)
(SR–NYSEArca–2012–87).
24 See proposed Commentary .03 to Rule 6.40.
25 See supra notes 22 and 24 (rule text remains
unchanged in current and proposed Commentary
.03 to Rule 6.40).
23 See
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intended. The Exchange believes that
setting the parameters within this broad
range would provide OTPs with ample
flexibility in setting their tolerance for
risk. For example, OTPs with a lower
risk tolerance may opt to select a lower
threshold within the range established
by the Exchange, thereby optimizing the
protection afforded by this proposed
rule change, whereas OTPs with a
higher risk tolerance may select the
maximum allowable parameter afforded
by the proposed rule change. Moreover,
while the Exchange retains discretion
with respect to the levels at which it
could adjust these settings, the
Exchange would not be permitted to
adjust the settings below the minimum
or above the maximum proposed,
which, the Exchange believes would
ensure that the settings are at all times
within a reasonable range. Finally, given
that the risk settings would now be
available for all order types, the
Exchange believes it would be prudent
to provide ample flexibility for setting
the maximum thresholds.
mstockstill on DSK3G9T082PROD with NOTICES
Implementation
The Exchange will announce by
Trader Update the implementation date
of the proposed rule change to expand
the availability of the Risk Limitation
Mechanism to all orders, which
implementation will be no later than 90
days after the effectiveness of this rule
change.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Securities Exchange Act of 1934
(the ‘‘Act’’),26 in general, and furthers
the objectives of Section 6(b)(5) of the
Act,27 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 regulating, clearing,
settling, processing information with
respect to, and facilitating transactions
in securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system and, in general, to protect
investors and the public interest.
OTPs are vulnerable to the risk from
a system or other error or a market event
that may cause them to send a large
number of orders or receive multiple,
automatic executions before they can
adjust their order exposure in the
market. Without adequate risk
management tools, such as the proposed
expanded risk settings for orders, OTPs
26 15
27 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
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18:13 Dec 08, 2016
Jkt 241001
may opt to reduce the amount of order
flow and liquidity that they provide to
the market, which could undermine the
quality of the markets available to
market participants. Thus, the Exchange
believes that the proposed rule change
to expand the availability of the risk
settings to all orders removes
impediments to and perfects the
mechanism of a free and open market by
providing OTPs with greater control and
flexibility over setting their risk
tolerance and more protection over risk
exposure, if the market moves in an
unexpected direction. The proposed
expansion of the risk settings to all
orders would promote just and equitable
principles of trade because it would
help OTPs not only avoid transacting
against their interests but would also
reduce the potential for executions at
erroneous prices, which should
encourage OTPs to submit additional
order flow and liquidity to the
Exchange.
This proposed expansion, which was
specifically requested by some OTPs,
would foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, and
processing information with respect to,
and facilitating transactions in,
securities as it will be available to all
OTPs for all orders entered on the
Exchange. In addition, the expanded
risk settings may prevent the execution
of erroneously priced trades, which
would help parties (including clearing
members) avoid large trading losses,
thereby fostering cooperation and
coordination with persons engaged in
regulating, clearing, settling, and
processing information with respect to,
and facilitating transactions in,
securities.
The Exchange believes the proposed
adjustments to the minimum/maximum
parameters for each risk limitation
mechanism, which have not been
increased since 2012, are consistent
with the Act because they would allow
the Exchange to strike the appropriate
balance to ensure that risk settings
could be established at a level that is
consistent with existing market
conditions, which would enable the risk
settings to operate in the manner
intended. The Exchange believes that
setting the parameters within the broad
range, as proposed, would provide OTPs
with ample flexibility in setting their
tolerance for risk. For example, OTPs
with a lower risk tolerance may opt to
select a lower threshold within the
range established by the Exchange,
thereby optimizing the protection
afforded by this proposed rule change,
whereas OTPs with a higher risk
tolerance may select the maximum
PO 00000
Frm 00134
Fmt 4703
Sfmt 4703
89175
allowable parameter afforded by the
proposed rule change. Moreover,
because the Exchange would not be
permitted to adjust the settings below
the minimum or above the maximum
proposed, the settings should remain at
all times within a reasonable range.
Finally, given that the risk settings
would now be available for all order
types, the Exchange believes it would be
prudent to provide ample flexibility for
setting the maximum thresholds.
Consistent with the ability to better
manage risk, the Exchange anticipates
that the proposed enhancement to the
existing Risk Limitation Mechanism
would likewise enhance the Exchange’s
overall market quality as a result of
narrowed quote widths and increased
liquidity for series traded on the
Exchange, which would benefit
investors and the public interest
because they receive better prices and
because it lowers volatility in the
options market. Moreover, the Exchange
believes that the proposal is consistent
with the protection of investors and the
public interests because it would permit
OTPs to better manage the potential
risks of multiple executions against an
OTP’s proprietary interest that, in
today’s highly automated and electronic
trading environment, can occur
simultaneously across multiple series
and multiple option classes.
Finally, the Exchange believes that
the proposed changes to streamline and
clarify the rule text, including updated
cross references that conform rule text
to proposed changes, promotes just and
equitable principles of trade, fosters
cooperation and coordination among
persons engaged in facilitating securities
transactions, and 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
defined terms used by the Exchange.
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
Exchange is proposing a market
enhancement that would provide OTPs
with greater control and flexibility over
setting their risk tolerance and more
protection over risk exposure, if the
market moves in an unexpected
direction. The Exchange believes the
proposal would provide market
participants with additional protection
from unintended executions. The
proposal is structured to offer the same
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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
enhancement to all OTPs, regardless of
size, and would not impose a
competitive burden on any participant.
The Exchange does not believe that the
proposed enhancement to the existing
risk limitation mechanism would
impose a burden on competing options
exchanges. Rather, the availability of
this mechanism may foster more
competition. Specifically, the Exchange
notes that it operates in a highly
competitive market in which market
participants can readily favor competing
venues. When an exchange offers
enhanced functionality that
distinguishes it from the competition
and participants find it useful, it has
been the Exchange’s experience that
competing exchanges will move to
adopt similar functionality. Thus, the
Exchange believes that this type of
competition amongst exchanges is
beneficial to the market place as a whole
as it can result in enhanced processes,
functionality, and technologies.
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.
mstockstill on DSK3G9T082PROD with NOTICES
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 28 and Rule
19b–4(f)(6) thereunder.29 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.
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
28 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and 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. The Exchange
has satisfied this requirement.
29 17
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18:13 Dec 08, 2016
Jkt 241001
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) 30 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–
NYSEArca–2016–155 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2016–155. 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
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
30 15
PO 00000
U.S.C. 78s(b)(2)(B).
Frm 00135
Fmt 4703
Sfmt 4703
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEArca–2016–155, and should be
submitted on or before December 30,
2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.31
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016–29467 Filed 12–8–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79467; File No. SR–
BatsBZX–2016–81]
Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change to BZX Rule
11.23, Auctions, To Amend How the
Official Auction Prices Are Calculated
and Add Additional Specificity
Regarding the Handling of RHO Orders
During an Opening Auction for a BZX
Listed Security
December 5, 2016
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on November
30, 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange filed a proposal to
amend Exchange Rule 11.23, Auctions,
to: (i) Amend how the official auction
prices are calculated and make related
changes to the definitions of Indicative
Price and Auction Only Price; and (ii)
31 17
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).
15
E:\FR\FM\09DEN1.SGM
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Agencies
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89171-89176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29467]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79469; File No. SR-NYSEArca-2016-155]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.40
To Expand the Risk Limitation Mechanism to All Orders, Including
Complex Orders
December 5, 2016.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on November 25, 2016, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') 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
Commission is
[[Page 89172]]
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Rule 6.40 (Risk Limitation
Mechanism) to expand the risk limitation mechanism to all orders,
including Complex Orders. 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 6.40 (Risk Limitation
Mechanism) to expand the risk limitation mechanism to all orders,
including Complex Orders.\4\
---------------------------------------------------------------------------
\4\ Rule 6.62(e) defines a Complex Order as any order involving
the simultaneous purchase and/or sale of two or more different
option series in the same underlying security, for the same account,
in a ratio that is equal to or greater than one-to-three (.333) and
less than or equal to three-to-one (3.00) and for the purpose of
executing a particular investment strategy.
---------------------------------------------------------------------------
Existing Risk Limitation Mechanism
Rule 6.40 sets forth the risk-limitation system, which is designed
to help Market Makers, as well as OTP Firms and OTP Holders
(collectively, ``OTPs''), better manage risk related to quoting and
submitting orders, respectively, during periods of increased and
significant trading activity.\5\ The Exchange requires Market Makers to
utilize its risk limitation mechanism, which automatically removes a
Market Maker's quotes in all series of an options class when certain
parameter settings are breached.\6\ The Exchange permits, but does not
require, OTPs to utilize its risk limitation mechanism for certain
orders, which automatically cancels such orders when certain parameter
settings are breached.\7\
---------------------------------------------------------------------------
\5\ Market Makers are included in the definition of OTPs and
therefore, unless the Exchange is discussing the quoting activity of
Market Makers, the Exchange does not distinguish Market Markers from
OTPs when discussing the risk limitation mechanisms. See Rule 1.1(q)
(defining OTP Holder as ``a natural person, in good standing, who
has been issued an OTP, or has been named as a Nominee'' that is ``a
registered broker or dealer pursuant to Section 15 of the Securities
Exchange Act of 1934, or a nominee or an associated person of a
registered broker or dealer that has been approved by the Exchange
to conduct business on the Exchange's Trading Facilities''). See
also Rule 6.32(a) (defining a Market Maker as an individual
``registered with the Exchange for the purpose of making
transactions as a dealer-specialist on the Floor of the Exchange or
for the purpose of submitting quotes electronically and making
transactions as a dealer-specialist through the NYSE Arca OX
electronic trading system'').
\6\ See Rule 6.40(b)(3), (c)(3), (d)(3) and (e)(3). See also
Commentary .04 to Rule 6.40 (providing that Market Makers are
required to utilize one of the three risk settings for their
quotes).
\7\ See Rule 6.40(b)(1), (2); (c)(1), (c)(2), (d)(1), (d)(2) and
Commentary .01 to Rule 6.40 (regarding the cancellation of orders
once the risk settings have been breached). See also Commentary .04
to Rule 6.40 (providing that OTPs may avail themselves of one of the
three risk limitation mechanisms for certain of their orders).
---------------------------------------------------------------------------
Pursuant to Rule 6.40, the Exchange establishes a time period
during which the NYSE Arca System (``System'') \8\ calculates for
quotes and orders, respectively: (1) The number of trades executed by
the Market Maker or OTP in a particular options class; (2) the volume
of contracts traded by the Market Maker or OTP in a particular options
class; or (3) the aggregate percentage of the Market Maker's quoted
size or OTP's order size(s) executed in a particular options class
(collectively, the ``risk settings'').\9\ When a Market Maker or OTP
has breached its risk settings (i.e., has traded more than the contract
or volume limit or cumulative percentage limit of a class during the
specified measurement interval), the System will cancel all of the
Market Maker's quotes or the OTP's open orders in that class until the
Market Maker or OTP notifies the Exchange it will resume submitting
quotes or orders.\10\ The temporary suspension of quotes or orders from
the market that results when the risk settings are triggered is meant
to operate as a safety valve that enables Market Makers and/or OTPs to
re-evaluate their positions before requesting to re-enter the market.
---------------------------------------------------------------------------
\8\ The Exchange proposes to define ``System'' as a shorthand
reference to the term ``NYSE Arca System'' and replace uses of the
term ``NYSE Arca System'' with the term ``System'' throughout the
rule text. See proposed Rule 6.40(a),(e), (f), and Commentaries .01,
.02, .05 and .06 to the Rule.
\9\ See Rule 6.40(a)-(e) (settings forth the three risk
limitation mechanisms available: Transaction-Based, Volume-Based and
Percentage-Based). A Market Maker may activate one Risk Limitation
Mechanism for its quotes (which is required) and a different Risk
Limitation Mechanism for its orders (which is optional), even if
both are activated for the same class. See also Commentary .04 to
Rule 6.40.
\10\ See Commentaries .01 and .02 to Rule 6.40 (requiring that a
Market Maker or OTP request that it be re-enabled after a breach of
its risk settings). In the event that a Market Maker or OTP
experiences multiple, successive triggers of its risk settings, the
Exchange would cancel all of the quotes or Applicable Orders--as
opposed to cancelling only those in the option class (underlying
symbol) in which the risk settings were triggered. See Rule 6.40(f)
and Commentary .02 to Rule 6.40.
---------------------------------------------------------------------------
Proposed Expansion of Risk Limitation Mechanism to All Orders
Currently, OTPs may voluntarily utilize risk settings for PNP
Orders, PNP-Blind Orders, PNP-Light Orders and Liquidity Adding Orders
(``ALO'') submitted via ArcaDirect, which are defined as ``Applicable
Orders''.\11\ Given the importance of risk settings in today's trading
environment, the Exchange proposes to expand the availability of the
risk settings to all orders traded on the Exchange.
---------------------------------------------------------------------------
\11\ See Commentary .07 to Rule 6.40. For purposes of risk
settings relating to orders, the Exchange does not distinguish
Market Maker from OTPs.
---------------------------------------------------------------------------
The Exchange believes that expanding the availability of the risk
settings to all orders would reduce the likelihood of unintended trades
and would enable OTPs to re-evaluate their positions before requesting
to re-enter the market if a risk setting is triggered. The proposed
expansion would, for example, prevent the execution of a large set of
orders that are improperly priced for any number of reasons (i.e.,
because of a malfunctioning algorithm, the orders are left over from
the prior day, etc.). By preventing the execution of such trades, the
Exchange may help parties (including clearing members) avoid large
trading losses. Thus, the Exchange believes the proposed expansion of
the risk settings to all orders would allow OTPs to better manage the
potential risks of multiple executions against an OTP's trading
interest that, in today's highly automated and electronic trading
environment, can occur simultaneously across multiple series and
multiple option classes. Consistent with the ability to better manage
risk, the Exchange anticipates that the proposed changes would enhance
the Exchange's overall market quality as a result of narrowed quote
widths and increased liquidity for series traded on the Exchange. This
proposed expansion is also being made, in part, to be responsive to
requests from OTPs that engage in high-volume trading in a
[[Page 89173]]
multitude of series and classes. The Exchange believes that the
proposal to make the risk settings available for all orders would
assist OTPs in providing a means to calibrate and monitor their risk
exposure on all orders. As is the case today, the proposed availability
of risk settings for all of an OTP's orders would not be mandated, but
risk settings would continue to be mandated for all Market Maker
quotes.\12\
---------------------------------------------------------------------------
\12\ See proposed Commentary .04 (a) and (b) to Rule 6.40.
---------------------------------------------------------------------------
To effect this change, the Exchange proposes to amend Rule
6.40(a)(1) to provide that the Exchange would maintain separate ``trade
counters'' for each of the following scenarios: (i) When any order,
including a single-leg order or any leg of a Complex Order submitted by
an OTP is executed in any series in a specified class; and (ii) when a
Market Maker quote is executed in any series in an appointed class.\13\
The Exchange proposes this rule text to replace the current rule text
that covers the Applicable Orders of non-Market Makers and Market
Makers, respectively.\14\ Because Market Makers are also OTPs, and
because the operation of the risk settings for orders are identical for
all OTPs, the Exchange proposes to streamline the rule text--in Rule
6.40(a)(1) and throughout the Rule--by removing reference to ``non-
Market Makers'' as superfluous and potentially confusing.\15\ Instead
of separately addressing risk settings for orders that are available to
Market Makers and non-Market Makers, the proposed rule would simply
address the option as being available to all OTPs. Proposed Rule
6.40(a)(1) would further provide that for each of these scenarios, the
trade counters would be incremented every time a trade is executed, in
accordance with Commentary .07 to Rule 6.40.
---------------------------------------------------------------------------
\13\ See proposed Rule 6.40(a)(1)(i)-(ii).
\14\ The Exchange also proposes the non-substantive modification
to replace uses of the term ``shall'' with the term ``will''
throughout the rule text. See generally proposed Rule 6.40.
\15\ See supra note 5. See also proposed Rule 6.40(a)(1),
(b)(1), (c)(1), (d)(1), (e)(1), (f)(1) (collapsing into one
paragraph the separate paragraphs in the current Rule relating to
risk settings for orders sent by Market Maker and non-Market Makers
and updating cross-references to condensed rule text).
---------------------------------------------------------------------------
The Exchange proposes to amend paragraphs (b), (c), (d), (e), and
(f) to make similar changes so that each of these paragraphs would have
two sub-paragraphs that would be parallel to the proposed changes to
Rule 6.40(a)(1):
The first sub-paragraph of each paragraph would address
how the specific risk setting would be applied to an OTP's orders,
which would be the substantive change, as further described below.
These proposed sub-paragraphs would replace current rule text in each
paragraph governing how the specific risk setting would apply to a non-
Market Maker's or Market Maker's Applicable Orders. Accordingly,
current sub-paragraph (2) to each of paragraphs (b), (c), (d), (e), and
(f) would be deleted.
The proposed second sub-paragraph of each paragraph would address
how the specific risk setting would be applied to a Market Marker's
quotes, as further described below. Accordingly, current sub-paragraph
(3) to each of paragraphs (b), (c), (d), (e), and (f) would be re-
numbered as sub-paragraph (2).
In addition to the substantive change to expand risk settings to
all orders, the Exchange further proposes to make non-substantive
amendments to each of the proposed sub-paragraphs to paragraphs (b),
(c), and (d). The Exchange believes that the proposed rule text would
simplify and streamline the rule by describing a risk setting being
triggered when an OTP's orders or Market Marker's quotes ``have
traded'' rather than using the more cumbersome text that an order or
quote has been traded ``against.'' When addressing an OTP's orders, the
proposed rules would provide that the risk setting would be applicable
to all orders in a specific class. When addressing a Market Maker's
quotes, the proposed rules would provide that the risk setting would be
applicable to all of the Market Maker's quotes in an appointed class.
For each risk setting, the proposed new text would provide as follows.
The Transaction-Based Risk Limitation Mechanism, described
in Rule 6.40(b), would be triggered under the following conditions:
[cir] When a trade counter indicates that within a time period
specified by the Exchange, ``n'' executions of an OTP's open orders
have traded in a specific class (proposed Rule 6.40(b)(1)); or
[cir] when a trade counter indicates that within a time period
specified by the Exchange, ``n'' executions of a Market Marker's quotes
have traded in an appointed class (proposed Rule 6.40(b)(2)).
The Volume-Based Risk Limitation Mechanism, described in
Rule 6.40(c), would be triggered under the following conditions:
[cir] When a trade counter indicates that within a time period
specified by the Exchange, ``k'' contracts of an OTP's open orders have
traded in a specific class (proposed Rule 6.40(c)(1)); or
[cir] when a trade counter indicates that within a time period
specified by the Exchange, ``k'' contracts of a Market Maker's quotes
have traded in an appointed class (proposed Rule 6.40(c)(2)).
The Percentage-Based Risk Limitation Mechanism, described
in Rule 6.40(d), would be triggered under the following conditions:
[cir] When a trade counter has calculated that within a time period
specified by the Exchange, ``p'' percentage of an OTP's open orders
have traded in a specific class (proposed Rule 6.40(d)(1)); or
[cir] when a trade counter has calculated that within a time period
specified by the Exchange, ``p'' percentage of a Market Maker's quotes
have traded in an appointed class (proposed Rule 6.40(d)(2)).
The Exchange also proposes clarifying changes to how the
Percentage-Based Risk Limitation Mechanism operates. The Exchange
proposes to modify Rule 6.40(d)(2)(i)-(ii) to make clear that the trade
counter would first calculate, for each series of an option class,
``the percentage(s) of an OTP's order size(s) or a Market Maker's quote
size that is executed on each side of the market, including both
displayed and non-displayed size,'' and would then ``sum the overall
percentages of the size(s) for the entire option class to calculate the
`p' percentage.'' The proposed changes are designed to account for the
fact that OTPs may submit multiple orders on each side of the market
that may be counted by the risk settings (whereas Market Makers have
only one quote on each side of the market) and to reduce excess
verbiage to streamline and condense the rule text, which the Exchange
believes adds clarity and transparency to the Rule.
Proposed Changes Regarding Routable Orders
Because the proposed expansion of risk settings for orders would
include routable orders, the Exchange proposes to amend Rule 6.40 to
address the counting and cancellation of such orders (or unexecuted
portions thereof). First, the Exchange proposes to add rule text to
Commentary .07 to Rule 6.40 to provide that executions of routable
orders on away markets would be considered by a trade counter once the
execution report is received by the Exchange.\16\ The Exchange also
[[Page 89174]]
proposes to amend Commentary .07 to Rule 6.40 to provide that
executions of each leg of a Complex Order would be considered by a
trade counter as an individual transaction.
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\16\ The Exchange also proposes to delete as inapplicable the
rule text in Commentary .07 to Rule 6.40 providing that ``[o]nly
executions against order types specified by the Exchange via Trader
Update and against quotes of Market Makers shall be considered by a
trade counter.'' The Exchange likewise proposes to delete the rule
text from Commentary .07 to Rule 6.40 that defines ``Applicable
Orders,'' given that this limitation no longer applies. In this
regard, the Exchange proposes to delete reference to ``Applicable
Orders'' throughout the rule text and, where pertinent, and [sic] to
replace uses of the term ``Applicable Orders'' with ``orders.''
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Regarding cancellations, the Exchange proposes to amend Commentary
.01 to Rule 6.40 to provide that once the risk settings have been
triggered, pursuant to paragraphs (e) and (f) of the Rule, the System
would automatically generate a ``bulk cancel'' message to cancel Market
Maker quotes and electronic orders, or portions thereof, that have not
been routed to away markets, excluding intraday and prior day Good-
Till-Cancel (``GTC''), All-or-None (``AON''), and orders entered in
response to an electronic auction that are valid only for the duration
of the auction (``GTX'').\17\ The Exchange has determined that it would
not cancel GTC, AON, or GTX orders because these order types are
typically retail orders which, if automatically cancelled by the
Exchange, could cause an operational issue for any firm that entered
the order(s) (i.e., exposing a firm to the risk of a missed execution
on an order that has come due).\18\ Given these potential operational
issues, and for the protection of investors and the investing public,
the Exchange has determined to exempt these order types from automatic
cancellation when the risk settings are triggered.\19\ The Exchange
also proposes to amend Commentary .01 to Rule 6.40 to provide that
``[o]rders and quotes residing in the Consolidated Book received prior
to processing of the bulk cancel message may trade. Any unexecuted
portion of an order subject to a `bulk cancel' message that had routed
away, but returned unexecuted, will be immediately cancelled.'' \20\
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\17\ In light of this change, the Exchange proposes to delete
the following rule text in Commentary .01 to Rule 6.40 as no longer
applicable: ``The bulk cancel message shall be processed by the NYSE
Arca System in time priority with any other quote or order message
received by the NYSE Arca System. Any Applicable Orders or quotes
that matched with a Market Maker's quote or a Market Maker's or non-
Market Maker's Applicable Order and were received by the NYSE Arca
System prior to the receipt of the bulk cancel message shall be
automatically executed.'' See id.
\18\ See, e.g., Rule 6.62(n) (defining GTC as buy or sell orders
that remain in force until the order is filled, cancelled or the
option contract expires); (d)(4) (defining AON orders as a Market or
Limit Order that is to be executed in its entirety or not at all).
\19\ The Exchange notes that the trade counters would be
incremented every time a GTC, AON or GTX order is executed, subject
to proposed Commentary .07. See proposed Rule 6.40(a)(1).
\20\ Relatedly, the Exchange proposes to delete the following
rule text in Commentary .01 to Rule 6.40: ``Applicable Orders or
quotes received by the NYSE Arca System after receipt of the bulk
cancel message shall not be executed.''
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In addition to the foregoing changes to paragraphs (e) and (f) of
Rule 6.40, the Exchange also proposes to amend these paragraphs to
address the action (i.e., cancellations) that the System would effect
upon the triggering of the risk settings to account for the proposed
amendments to Commentary .01 to the Rule. Specifically, the Exchange
proposes to modify sub-paragraph (1) to both paragraphs (e) and (f) to
provide that if a risk setting is triggered, the System would
automatically cancel an OTP's orders, ``except as provided in
Commentary .01 to this Rule.'' Finally, the Exchange proposes to make
additional conforming changes to Commentary .02 to Rule 6.40 to specify
that once the risk settings have been breached, any new orders (or
quotes) would not be accepted until the OTP or Market Maker contacts
the Exchange and requests to be re-enabled.
Proposed Changes to Persistence of Risk Settings for Orders
The Exchange also proposes to amend Commentary .04 to Rule 6.40 to
specify the persistence of the risk settings, once activated, by an OTP
for orders to conform this Commentary to the changes described above to
delineate risk settings between an OTP's orders and a Market Maker's
quotes. Specifically, the Exchange proposes to divide Commentary .04
into two paragraphs to make it easier to navigate--paragraph (a) would
address the persistence of risk settings for quotes, and paragraph (b)
would address the persistence of risk settings for orders.
Current Commentary .04 to Rule 6.40 provides that an OTP must
activate its risk settings for orders on a daily basis. The Exchange
proposes to amend this Commentary .04 to specify that ``[o]nce an OTP
activates a Risk Limitation Mechanism for its orders in a specified
class, the mechanism and the settings established will remain active
unless, and until, the OTP deactivates the Risk Limitation Mechanism or
changes the settings.'' \21\ While the risk settings for orders remain
an optional feature, the Exchange believes this change would enable
each OTP to calibrate its settings as needed, as opposed to re-
establishing the settings on a daily basis.
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\21\ See proposed Commentary .04(b) to Rule 6.40 (specifying
that, ``[t]o be effective, an OTP must activate a Risk Limitation
Mechanism, and corresponding settings, for orders in a specified
class''). Regarding the risk settings for quotes, the Exchange
proposes to delete as inapplicable rule text that indicates that a
Market Maker may deactivate its risk settings for quotes, as this
functionality is mandated by the Exchange. See proposed Commentary
.04(a) to Rule 6.40. The Exchange believes removing this language
would add clarity and consistency to the Rule.
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Proposed Modifications to Parameters for Each Risk Limitation Mechanism
The Exchange proposes to adjust the minimum and maximum parameters
for the Risk Limitation Mechanism as set forth in Commentary .03 to the
Rule. The current Rule provides that the Exchange would not exceed the
following minimum and maximum parameters, applicable to quotes and
orders:
Minimum of 1 and maximum of 100 for transaction-based risk
setting;
Minimum of 20 and a maximum of 5,000 for volume-based risk
setting; and
Minimum of 100 and a maximum of 2,000 for percentage-based
risk setting.\22\
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\22\ See Commentary .03 to Rule 6.40.
---------------------------------------------------------------------------
The existing parameters have been in place since 2012 and the
Exchange has not modified or increased these parameters in the past
four years.\23\ Since 2012, the markets have experienced more
volatility and fragmentation. To account for these changes, as well as
the ever-increasing automation, speed and volume transacted in today's
electronic trading environment, the Exchange proposes to modify the
minimum and maximum parameters, applicable to quotes and orders, as
follows:
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\23\ See Securities Exchange Act Release No. 67714 (August 22,
2012), 77 FR 52098 (August 28, 2012) (SR-NYSEArca-2012-87).
---------------------------------------------------------------------------
Minimum of 3 and maximum of 2,000 for the transaction-
based setting;
Minimum of 20 and a maximum of 500,000 for volume-based
setting: And
Minimum of 100 and a maximum of 200,000 for percentage-
based setting.\24\
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\24\ See proposed Commentary .03 to Rule 6.40.
---------------------------------------------------------------------------
Although this proposal establishes the outside parameters of
allowable settings, Rule 6.40 would still obligate the Exchange to
announce via Trader Update ``any applicable minimum, maximum and/or
default settings for the Risk Limitation Mechanisms,'' which would
afford Market Makers and OTPs the opportunity to adjust their own risk
settings within the announced parameters.\25\ The Exchange further
believes the proposed adjustments to the minimum/maximum parameters
would enable the Exchange to strike the appropriate balance to ensure
that risk settings may be established at a level that is consistent
with existing market conditions, which would enable the risk settings
to operate in the manner
[[Page 89175]]
intended. The Exchange believes that setting the parameters within this
broad range would provide OTPs with ample flexibility in setting their
tolerance for risk. For example, OTPs with a lower risk tolerance may
opt to select a lower threshold within the range established by the
Exchange, thereby optimizing the protection afforded by this proposed
rule change, whereas OTPs with a higher risk tolerance may select the
maximum allowable parameter afforded by the proposed rule change.
Moreover, while the Exchange retains discretion with respect to the
levels at which it could adjust these settings, the Exchange would not
be permitted to adjust the settings below the minimum or above the
maximum proposed, which, the Exchange believes would ensure that the
settings are at all times within a reasonable range. Finally, given
that the risk settings would now be available for all order types, the
Exchange believes it would be prudent to provide ample flexibility for
setting the maximum thresholds.
---------------------------------------------------------------------------
\25\ See supra notes 22 and 24 (rule text remains unchanged in
current and proposed Commentary .03 to Rule 6.40).
---------------------------------------------------------------------------
Implementation
The Exchange will announce by Trader Update the implementation date
of the proposed rule change to expand the availability of the Risk
Limitation Mechanism to all orders, which implementation will be no
later than 90 days after the effectiveness of this rule change.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\26\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\27\
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 regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------
\26\ 15 U.S.C. 78f(b).
\27\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
OTPs are vulnerable to the risk from a system or other error or a
market event that may cause them to send a large number of orders or
receive multiple, automatic executions before they can adjust their
order exposure in the market. Without adequate risk management tools,
such as the proposed expanded risk settings for orders, OTPs may opt to
reduce the amount of order flow and liquidity that they provide to the
market, which could undermine the quality of the markets available to
market participants. Thus, the Exchange believes that the proposed rule
change to expand the availability of the risk settings to all orders
removes impediments to and perfects the mechanism of a free and open
market by providing OTPs with greater control and flexibility over
setting their risk tolerance and more protection over risk exposure, if
the market moves in an unexpected direction. The proposed expansion of
the risk settings to all orders would promote just and equitable
principles of trade because it would help OTPs not only avoid
transacting against their interests but would also reduce the potential
for executions at erroneous prices, which should encourage OTPs to
submit additional order flow and liquidity to the Exchange.
This proposed expansion, which was specifically requested by some
OTPs, would foster cooperation and coordination with persons engaged in
regulating, clearing, settling, and processing information with respect
to, and facilitating transactions in, securities as it will be
available to all OTPs for all orders entered on the Exchange. In
addition, the expanded risk settings may prevent the execution of
erroneously priced trades, which would help parties (including clearing
members) avoid large trading losses, thereby fostering cooperation and
coordination with persons engaged in regulating, clearing, settling,
and processing information with respect to, and facilitating
transactions in, securities.
The Exchange believes the proposed adjustments to the minimum/
maximum parameters for each risk limitation mechanism, which have not
been increased since 2012, are consistent with the Act because they
would allow the Exchange to strike the appropriate balance to ensure
that risk settings could be established at a level that is consistent
with existing market conditions, which would enable the risk settings
to operate in the manner intended. The Exchange believes that setting
the parameters within the broad range, as proposed, would provide OTPs
with ample flexibility in setting their tolerance for risk. For
example, OTPs with a lower risk tolerance may opt to select a lower
threshold within the range established by the Exchange, thereby
optimizing the protection afforded by this proposed rule change,
whereas OTPs with a higher risk tolerance may select the maximum
allowable parameter afforded by the proposed rule change. Moreover,
because the Exchange would not be permitted to adjust the settings
below the minimum or above the maximum proposed, the settings should
remain at all times within a reasonable range. Finally, given that the
risk settings would now be available for all order types, the Exchange
believes it would be prudent to provide ample flexibility for setting
the maximum thresholds.
Consistent with the ability to better manage risk, the Exchange
anticipates that the proposed enhancement to the existing Risk
Limitation Mechanism would likewise enhance the Exchange's overall
market quality as a result of narrowed quote widths and increased
liquidity for series traded on the Exchange, which would benefit
investors and the public interest because they receive better prices
and because it lowers volatility in the options market. Moreover, the
Exchange believes that the proposal is consistent with the protection
of investors and the public interests because it would permit OTPs to
better manage the potential risks of multiple executions against an
OTP's proprietary interest that, in today's highly automated and
electronic trading environment, can occur simultaneously across
multiple series and multiple option classes.
Finally, the Exchange believes that the proposed changes to
streamline and clarify the rule text, including updated cross
references that conform rule text to proposed changes, promotes just
and equitable principles of trade, fosters cooperation and coordination
among persons engaged in facilitating securities transactions, and
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
defined terms used by the Exchange.
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 Exchange is proposing a
market enhancement that would provide OTPs with greater control and
flexibility over setting their risk tolerance and more protection over
risk exposure, if the market moves in an unexpected direction. The
Exchange believes the proposal would provide market participants with
additional protection from unintended executions. The proposal is
structured to offer the same
[[Page 89176]]
enhancement to all OTPs, regardless of size, and would not impose a
competitive burden on any participant. The Exchange does not believe
that the proposed enhancement to the existing risk limitation mechanism
would impose a burden on competing options exchanges. Rather, the
availability of this mechanism may foster more competition.
Specifically, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues. When an exchange offers enhanced functionality that
distinguishes it from the competition and participants find it useful,
it has been the Exchange's experience that competing exchanges will
move to adopt similar functionality. Thus, the Exchange believes that
this type of competition amongst exchanges is beneficial to the market
place as a whole as it can result in enhanced processes, functionality,
and technologies.
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 \28\ and Rule 19b-4(f)(6) thereunder.\29\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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\28\ 15 U.S.C. 78s(b)(3)(A)(iii).
\29\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and 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.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
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) \30\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------
\30\ 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-NYSEArca-2016-155 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2016-155. 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 filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2016-155, and
should be submitted on or before December 30, 2016.
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\31\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-29467 Filed 12-8-16; 8:45 am]
BILLING CODE 8011-01-P