[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Pages 17520-17521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06996]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77433; File No. SR-NYSEMKT-2016-38]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Amending Rule 13--
Equities To Expand the Availability of Self-Trade Prevention Modifiers 
to Non-Algorithmically Entered Floor Broker Interest

March 23, 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 March 15, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 expand the 
availability of self-trade prevention (``STP'') modifiers to non-
algorithmically entered Floor broker interest. 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 
expand the availability of STP modifiers to non-algorithmically entered 
e-Quotes, pegging e-Quotes, and g-Quotes.
    STP modifiers arEe [sic] designed to prevent two orders from the 
same market participant identifier (``MPID'') assigned to a member 
organization from executing against each other. The STP modifier on the 
incoming order determines the interaction between two orders marked 
with STP modifiers and whether the incoming or the resting order would 
cancel. Both the buy and the sell order must include an STP modifier in 
order to prevent a trade from occurring and to effect a cancel 
instruction.\3\ Currently, under Rule 13(f)(3)(B), STP modifiers are 
available for Limit Orders and Market Orders entered by off-Floor 
participants, and for e-Quotes, pegging e-Quotes, and g-Quotes sent to 
the matching engine by an algorithm on behalf of a Floor broker.
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    \3\ See Rule 13(f)(3)(A); Securities Exchange Act Release No. 
69098 (Mar. 11, 2013), 78 FR 16544 (Mar. 15, 2013) (SR-NYSEMKT-2013-
21).
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    The Exchange amended Rule 13 to add STP modifiers in 2013.\4\ At 
the time, the supporting technology was not compatible with Floor 
broker systems and the Exchange chose to deploy STP modifiers for other 
market participants while it performed the technical modifications 
required for the use of STP modifiers for Floor brokers.\5\ The 
Exchange later made STP modifiers available for algorithms used by 
Floor brokers to route interest to the Exchange's matching engine, but 
the technology supporting STP modifiers was still incompatible with all 
Floor broker systems.\6\ Now that the technology to extend STP 
modifiers to all Floor broker systems is available, the Exchange 
proposes to delete the clause ``sent to the matching engine by an 
algorithm on behalf of a Floor broker'' in Rule 13 to make STP 
modifiers available for eQuotes, pegging e-Quotes, and g-Quotes without 
limitation. No other changes are proposed to Rule 13.
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    \4\ See Securities Exchange Act Release No. 69098, 78 FR at 
16544.
    \5\ See id.
    \6\ See Securities Exchange Act Release No. 69501 (May 2, 2013), 
78 FR 26821 (May 8, 2013) (SR-NYSEMKT-2013-36).
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    Because of the technology changes associated with this rule 
proposal, the Exchange will announce the

[[Page 17521]]

implementation date in a Trader Update.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\7\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\8\ in particular, because it 
is designed to prevent fraudulent and manipulative acts and practices, 
promote just and equitable principles of trade, remove impediments to 
and perfect the mechanism of a free and open market and a national 
market system, and protect investors and the public interest. In 
particular, the Exchange believes that extending STP modifiers to non-
algorithmically entered Floor broker interest would provide Floor 
brokers with an additional opportunity to prevent unintended executions 
by Floor broker customers with themselves or the potential for ``wash 
sales'' that may occur as a result of the velocity of trading in 
today's high-speed marketplace, thereby removing impediments to and 
perfecting the mechanism of a free and open market. The Exchange notes 
that STP modifiers would not alleviate, or otherwise exempt, broker-
dealers from their best execution obligations.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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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 believes that 
the proposal would provide Floor brokers with an additional opportunity 
to prevent unintended self-trades from occurring. The Exchange notes 
that it operates in a highly competitive market in which market 
participants can readily direct order flow to competing venues offering 
similar functionality. Many competing venues offer similar 
functionality to market participants. To this end, the Exchange is 
proposing a market enhancement to provide greater protections from 
inadvertent executions, and encourage market participants to trade on 
the Exchange.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\12\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
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    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEMKT-2016-38 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2016-38. 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 (http://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-2016-38, and should 
be submitted on or before April 19, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
Brent J. Fields,
Secretary.
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    \14\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-06996 Filed 3-28-16; 8:45 am]
 BILLING CODE 8011-01-P