Notice2022-14873
Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Rule 7.31
Primary source
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Published
July 13, 2022
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
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[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41832-41839]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14873]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-95209; File No. SR-NYSE-2022-25]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Rule 7.31
July 7, 2022.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on June 24, 2022, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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\1\ 15 U.S.C.78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to modify Rule 7.31 to (1) permit certain
non-routable order types to be designated to cancel if they would be
displayed at a price other than their limit price; (2) allow ALO Orders
to be designated as non-displayed; (3) permit ALO Orders to be entered
in any size; (4) introduce the Non-Display Remove and Proactive if
Locked/Crossed Modifiers; and (5) make MPL Orders eligible to trade at
their limit price. The proposed rule change is available on the
Exchange's website at <a href="http://www.nyse.com">www.nyse.com</a>, 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 7.31 to (1) permit certain non-
routable order types to be designated to cancel if they would be
displayed at a price other than their limit price; (2) allow ALO Orders
to be designated as non-displayed; (3) permit ALO Orders to be entered
in any size; (4) introduce the Non-Display Remove and Proactive if
Locked/Crossed Modifiers; and (5) allow MPL Orders to trade at either
the midpoint or their limit price. The Exchange also proposes
additional
[[Page 41833]]
clarifying and conforming changes as discussed herein.
Designation to Cancel
The Exchange proposes to modify Rules 7.31(e)(1), 7.31(e)(2), and
7.31(e)(3)(D) to permit Non-Routable Limit Orders, displayed ALO
Orders,\4\ and Day ISO ALO Orders to be designated to cancel if they
would be displayed at a price other than their limit price for any
reason.
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\4\ As noted above, the Exchange also proposes in this filing to
permit ALO Orders to be designated as non-displayed, and discussion
of the proposed modification of Rule 7.31(e)(2) to effect that
change appears in the ``Non-Displayed ALO'' section below. The
proposed new designation to cancel would be inapplicable to Non-
Displayed ALO Orders, as proposed, because such orders are not
eligible to be displayed.
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As proposed, Non-Routable Limit Orders, displayed ALO Orders, and
Day ISO ALO Orders would be eligible to be designated to cancel at the
member organization's instruction, thereby providing member
organizations with increased flexibility with respect to order handling
and the ability to have greater determinism regarding order processing
when such orders would be repriced to display at a price other than
their limit price. The Exchange notes that this designation would be
optional, and if not designated to cancel, Non-Routable Limit Orders,
displayed ALO Orders, and Day ISO ALO Orders would continue to function
as set forth in current Exchange rules (except as proposed in this
filing with respect to odd lots and the addition of the Non-Display
Remove Modifier). The Exchange further notes that providing member
organizations with the ability to designate orders to cancel if they
would be repriced is not novel, and other cash equity exchanges
currently offer their members a similar option.\5\
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\5\ See, e.g., Members Exchange (``MEMX'') Rules 11.6(a)
(defining the Cancel Back instruction, which a User may attach to an
order to instruct that such order be cancelled if it cannot be
posted to the MEMX Book at its limit price) and 11.6(l)(2) (defining
the Post Only instruction; an order with such instruction functions
similarly to the ALO Order and may be designated to be cancelled by
the User); Cboe BZX Exchange, Inc. (``BZX'') Rules 11.9(c)(6) and
11.9(g)(d) (defining the BZX Post Only Order, which functions
similarly to the ALO Order and may be designated to be cancelled at
the User's instruction); Cboe BYX Exchange, Inc. (``BYX'') Rule
11.9(c)(6) and 11.9(g)(d) (defining the BYX Post Only Order, which
functions similarly to the ALO Order and may be designated to be
cancelled at the User's instruction); Nasdaq Stock Exchange LLC
(``Nasdaq'') Rule 4702(b)(4)(A) (defining the Post-Only Order, which
functions similarly to the ALO Order and may be designated to be
cancelled back to the Participant at the Participant's election).
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To effect this change, the Exchange proposes the following
modifications to Rules 7.31(e)(1), 7.31(e)(2), and 7.31(e)(3)(D):
<bullet> Rule 7.31(e)(1)--Non-Routable Limit Orders
As defined in Rule 7.31(e)(1), a Non-Routable Limit Order is a
Limit Order that does not route. Currently, a Non-Routable Limit Order
to buy (sell) will trade with orders to sell (buy) on the Exchange Book
that are priced at or below (above) the PBO (PBB) and will be repriced
based on updates to the Away Market PBO (PBB) as set forth in current
Rules 7.31(e)(1)(A)(i) through (iv).
The Exchange proposes to delete the current text of Rule
7.31(e)(1)(A) and add new text to provide that a Non-Routable Limit
Order would not be displayed at a price that would lock or cross the
PBO (PBB) of an Away Market, and such order to buy (sell) would trade
with orders on the Exchange Book that are priced equal to or below
(above) the PBO (PBB) of an Away Market. These proposed changes would
merely rephrase and clarify the existing behavior of a Non-Routable
Limit Order as already set forth in Rule 7.31(e)(1)(A), without
substantive changes.
The Exchange further proposes to modify Rule 7.31(e)(1)(A)(i) to
delete the current text and add new text providing for the option to
designate a Non-Routable Limit Order to be cancelled, as described
above.
The Exchange also proposes to modify Rule 7.31(e)(1)(A)(ii) and add
new subparagraphs thereunder to describe how any untraded quantity of a
Non-Routable Limit Order would be processed if not designated to
cancel. New subparagraph (a) would contain the rule text previously set
forth in Rule 7.31(e)(1)(A)(i), without substantive changes, and
provide that, if the limit price of a Non-Routable Limit Order to buy
(sell) locks or crosses the PBO (PBB) of an Away Market, it would have
a working price equal to the PBO (PBB) of the Away Market and a display
price one MPV below (above) the PBO (PBB) of the Away Market. Proposed
new subparagraph (b) would contain rule text currently set forth in
Rule 7.31(e)(1)(A)(ii) describing how a Non-Routable Limit Order would
be processed when the PBO (PBB) of an Away Market reprices higher
(lower), without substantive changes. Finally, the Exchange proposes to
renumber current Rules 7.31(e)(1)(A)(iii) and (iv) as Rules
7.31(e)(1)(A)(ii)(c) and (d), respectively, with no changes to the rule
text.
<bullet> Rule 7.31(e)(2)--ALO Orders
Rule 7.31(e)(2) and the subparagraphs thereunder define the ALO
Order, which is a Non-Routable Limit Order that will trade with contra-
side interest if its limit price crosses the working price of any
displayed or non-displayed orders to sell (buy) on the Exchange Book
priced equal to or below (above) the PBO (PBB) of an Away Market. In
other words, an ALO Order will not remove liquidity from the Exchange
Book unless it receives price improvement. Accordingly, the Exchange
proposes to modify Rule 7.31(e)(2) to simplify the definition of an ALO
Order, without any substantive changes, and state that ALO Orders are
Non-Routable Limit Orders that would not remove liquidity from the
Exchange Book unless they receive price improvement. The Exchange also
proposes to add new text to Rule 7.31(e)(2) \6\ to effect the change
described above, permitting an ALO Order to be designated to cancel if
it would be displayed at a price other than its limit price for any
reason.
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\6\ As noted above, the Exchange also proposes in this filing to
permit ALO Orders to be designated as non-displayed and to permit
ALO Orders to be entered in odd lots, and discussion of the proposed
modification of Rule 7.31(e)(2) to effect those changes appears in
the ``Non-Displayed ALO'' and ``ALO Odd Lots'' sections below.
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The Exchange next proposes to reorganize Rules 7.31(e)(2)(A)
through (C) to describe the operation of the ALO Order in a more
logical flow, but without any substantive changes to the operation of
the order type. Specifically, the Exchange proposes to reorganize Rules
7.31(e)(2)(A) through (C) to first describe when an ALO Order would
trade, then describe how any untraded quantity of an ALO Order not
designated to cancel would be processed, and then describe the handling
of any untraded quantity of an ALO Order that locks non-displayed
interest.
First, the Exchange proposes to delete the current text of Rule
7.31(e)(2)(A), which states only that an ALO Order will be assigned a
working price and display price pursuant to Rule 7.31(e)(2)(B) and is
thus redundant of the substantive rule text in Rule 7.31(e)(2)(B) and
its subparagraphs. The Exchange proposes to add new rule text in Rule
7.31(e)(2)(A) providing that an Aggressing ALO Order to buy (sell)
would trade if its limit price crosses the working price of any
displayed or non-displayed orders to sell (buy) on the Exchange Book
priced equal to or below (above) the PBO (PBB) of an Away Market, in
which case, the ALO Order would trade as the liquidity taker with such
orders. The Exchange notes that this change is not intended to propose
any modification to the current operation of the ALO Order and merely
[[Page 41834]]
restates text that currently appears in Rule 7.31(e)(2)(B)(ii)
describing when an ALO Order may trade, with no substantive changes.
The Exchange believes that this proposed reorganization would improve
the clarity of Rule 7.31(e)(2) by describing how an ALO Order would
trade before progressing on to describe how any untraded quantity of an
ALO Order would be handled if it is not designated to cancel upon
repricing.
The Exchange next proposes to delete the current text of Rule
7.31(e)(2)(B) and reorganize Rule 7.31(e)(2)(B) and the subparagraphs
thereunder. Rule 7.31(e)(2)(B) and the subparagraphs that follow would,
as proposed, specify how untraded quantities of an ALO Order would be
processed if such order has not been designated to cancel. To effect
this change, the Exchange proposes that Rule 7.31(e)(2)(B) would now
provide that, if an ALO Order is not designated to cancel, any untraded
quantity of such order would trade as described in subparagraphs (i)
and (ii).
In subparagraph (i), the Exchange proposes to delete the existing
rule text and modify subparagraph (i) to provide that, if the limit
price of an ALO Order locks the display price of any order to sell
(buy) ranked Priority 2--Display Orders on the Exchange Book, it would
have a working price and display price (if it has been designated to
display) one MPV below (above) the price of the displayed order on the
Exchange Book. The Exchange notes that the content of Rule
7.31(e)(2)(B)(i) would be incorporated into Rule 7.31(e)(2)(B)(ii) (as
proposed below) and that this proposed change merely moves rule text
from where it is currently located in Rule 7.31(e)(2)(B)(iii) and does
not reflect any proposed change to the operation of the ALO Order when
the limit price of any untraded quantity of such order locks displayed
interest on the Exchange Book.
The Exchange next proposes to delete the current text of Rule
7.31(e)(2)(B)(ii) and replace it with text that would provide that, if
the limit price of an ALO Order locks or crosses the PBO (PBB) of an
Away Market, it would have a working price equal to the PBO (PBB) of
the Away Market and a display price (if designated to display) one MPV
below (above) the PBO (PBB) of the Away Market. The Exchange notes that
proposed Rule 7.31(e)(2)(B)(ii) rephrases text currently set forth in
Rules 7.31(e)(2)(B)(i) and (iv) and is not intended to propose any
change to the operation of the ALO Order when the limit price of any
untraded quantity of such order locks or crosses the PBBO of an Away
Market. The Exchange also notes that the current text of Rule
7.31(e)(2)(B)(ii) was, as described above, incorporated into revised
Rule 7.31(e)(2)(A).
The Exchange further proposes to delete current Rules
7.31(e)(2)(B)(iii) and (iv) (including subparagraph (a) under Rule
7.31(e)(2)(B)(iv)), as the content of such Rules has been covered by
the proposed Rules described above and would be incorporated into
proposed Rule 7.31(e)(2)(C) (as discussed below), without changes to
the current operation of the ALO Order. Specifically, Rule
7.31(e)(2)(B)(iii) has been incorporated into proposed Rule
7.31(e)(2)(B)(i), the content of Rule 7.31(e)(2)(B)(iv) would be
clarified by proposed Rules 7.31(e)(2)(B)(ii) and 7.31(e)(2)(C), and
the content of Rule 7.31(e)(2)(B)(iv)(a) would be covered by proposed
Rule 7.31(e)(2)(B)(i).
Proposed Rule 7.31(e)(2)(C) would next provide that if any untraded
quantity of an ALO Order to buy (sell), whether designated to cancel or
not, locks non-displayed interest on the Exchange Book, it would have a
working price and display price (if designated to display) equal to its
limit price. The Exchange notes that this rule text reflects the
current behavior of ALO Orders when their limit price locks non-
displayed interest on the Exchange Book, which would not change based
on whether an ALO Order has been designated to cancel, as proposed.
The Exchange next proposes to rename current Rule 7.31(e)(2)(B)(v)
as Rule 7.31(e)(2)(D) and current Rule 7.31(e)(2)(C) as Rule
7.31(e)(2)(E). The Exchange also proposes changes to subparagraphs (i)
and (ii) of proposed Rule 7.31(e)(2)(E). In subparagraphs (i) and (ii),
the Exchange proposes to add clarity to its Rules by specifying that
the reference to the PBO (PBB) is of an Away Market and proposes to
update the paragraph references to reflect the reorganization of the
Rule as described above. Specifically, the Exchange proposes to update
subparagraph (i) to refer to paragraphs (e)(2)(A) (which now describes
when an Aggressing ALO Order is eligible to trade), (e)(2)(B)(i)-(ii)
(which now describe the processing of any untraded quantity of an ALO
Order that is not designated to cancel), and (e)(2)(C) of the Rule
(which now describes the processing of any untraded quantity of an ALO
Order that locks non-displayed interest). The Exchange further proposes
to update subparagraph (ii) to refer to paragraphs (e)(1)(A)(ii)(c) and
(d) of the Rule, which simply updates the paragraph references
consistent with the changes described above to renumber paragraphs
(e)(1)(A)(iii) and (iv) as paragraphs (e)(1)(A)(ii)(c) and (d).\7\
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\7\ In addition, to effect the proposed change to permit ALO
Orders to be designated as non-displayed, the Exchange proposes an
additional revision to Rule 7.31(e)(2)(E)(ii) discussed below in the
``Non-Displayed ALO'' section.
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The Exchange also proposes to rename current Rule 7.31(e)(2)(D) as
Rule 7.31(e)(2)(F) and modify new Rule 7.31(e)(2)(F) to provide that an
ALO Order would not trigger a contra-side MPL Order that is resting at
the midpoint to trade, except as specified in proposed Rule
7.31(d)(3)(F). Rule 7.31(d)(3)(F), in relevant part and as proposed in
this filing, would provide that an MPL Order designated with the Non-
Display Remove Modifier would trade as the liquidity-taking order with
an Aggressing ALO Order or MPL-ALO Order that has a working price equal
to the working price of the MPL Order.\8\
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\8\ Proposed Rule 7.31(d)(3)(F) is discussed further in the
``Non-Display Remove Modifier'' section below.
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Finally, the Exchange proposes to add new Rule 7.31(e)(2)(G), which
would provide that the ALO designation would be ignored for ALO Orders
that participate in an Auction. This rule text would be similar to the
text that currently appears in Rule 7.31(e)(2)(A), without substantive
changes.
The Exchange notes that the proposed changes described above are
intended only to implement the addition of the option to designate an
ALO Order to cancel and, in connection with such proposal, to improve
the clarity and organization of Rule 7.31(e)(2). The proposed changes
set forth above otherwise reflect how an ALO Order currently behaves
and are not intended to propose any other changes to the operation of
the order type.\9\
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\9\ The Exchange notes that its proposed changes to provide for
a non-displayed ALO Order, to permit ALO Orders to be entered in odd
lots, and to introduce the Non-Display Remove Modifier are discussed
below.
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<bullet> Rule 7.31(e)(3)(D)--Day ISO ALO Orders
Rule 7.31(e)(3) provides that an Intermarket Sweep Order (``ISO'')
is a Limit Order that does not route and meets the requirements of Rule
600(b)(30) of Regulation NMS. Rule 7.31(e)(3)(C) provides that an ISO
designated Day (``Day ISO''), if marketable on arrival, will be
immediately traded with contra-side interest in the Exchange Book up to
its full size and limit price, and that any untraded quantity of a Day
ISO will be displayed at its limit price and may lock or cross a
protected quotation that was displayed at the time of arrival of the
Day ISO. Rule 7.31(e)(3)(D) provides
[[Page 41835]]
that a Day ISO ALO is a Day ISO that has been designated with an ALO
Modifier and, on arrival, may trade through or lock or cross a
protected quotation that was displayed at the time of arrival of the
Day ISO ALO.
In order to effect the change described above to permit a Day ISO
ALO Order to be designated to cancel if it would be displayed at a
price other than its limit price for any reason, the Exchange proposes
to modify and reorganize Rule 7.31(e)(3)(D) and the paragraphs
thereunder similar to its proposal with respect to Rule 7.31(e)(2) for
ALO Orders. As in proposed Rule 7.31(e)(2), the Exchange proposes to
reorganize Rule 7.31(e)(3)(D) to describe when a Day ISO ALO Order
would trade, how any untraded quantity of a Day ISO ALO Order not
designated to cancel would be processed, and the handling of any
untraded quantity of a Day ISO ALO Order that locks non-displayed
interest, in that logical order.
First, the Exchange proposes to modify Rule 7.31(e)(3)(D) to add
text providing that a Day ISO ALO can be designated to cancel. The
Exchange does not propose any changes to the first sentence of current
Rule 7.31(e)(3)(D)(i), which describes when a Day ISO ALO Order may
trade, but proposes to combine the second sentence of current Rule
7.31(e)(3)(D)(i) with Rule 7.31(e)(3)(D)(ii). Rule 7.31(e)(3)(D)(ii)
would now specify that, if not designated to cancel, any untraded
quantity of a Day ISO ALO Order to buy (sell) would be assigned a
working price and display price one MPV below (above) the price of the
displayed order on the Exchange Book when the limit price of the Day
ISO ALO Order locks the display price of a displayed order on the
Exchange Book.
The Exchange next proposes to delete the current text of Rule
7.31(e)(3)(D)(iii) and its subparagraph (a) and add new rule text
specifying that any untraded quantity of a Day ISO ALO Order that locks
non-displayed interest on the Exchange Book would have a working price
and display price equal to its limit price. The Exchange notes that
this proposed change merely rephrases current Rule 7.31(e)(3)(D)(iii)
and eliminates redundant rule text (thereby simplifying Exchange rules)
and is not intended to change the meaning or operation of such rules.
The Exchange notes that current Rule 7.31(e)(3)(D)(iii)(a) would be
covered by Rule 7.31(e)(3)(D)(ii), as proposed.
Finally, the Exchange proposes to make clarifying changes to Rule
7.31(e)(3)(D)(iv). First, the Exchange proposes to replace ``After
being displayed'' with ``Once resting on the Exchange Book'' to align
the rule text with existing rule text in current Rule 7.31(e)(2)(C),
which similarly describes how ALO Orders would be processed once
resting on the Exchange Book. The Exchange further proposes to clarify
that the PBO (PBB) referenced in this subparagraph is of an Away
Market. The Exchange also proposes to update the reference to
paragraphs (e)(2)(C)(i) and (ii) of Rule 7.31 to paragraphs
(e)(2)(E)(i) and (ii) to reflect the proposed reorganization of Rule
7.31(e)(2) as described above.
The Exchange notes that the proposed changes described above are
not intended to impact the operation of the Day ISO ALO Order other
than to implement the new optional designation to cancel and, in
connection with that proposed change, to improve the clarity and
organization of Rule 7.31(e)(3)(D).\10\ The proposed changes set forth
above otherwise reflect how a Day ISO ALO Order currently behaves and
are not intended to propose any other changes to the operation of the
order type.
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\10\ The Exchange notes that it also proposes a modification to
Rule 7.31(e)(3)(D) in connection with its proposal to permit Day ISO
ALO Orders to be entered in odd lots, which is described below in
the ``ALO Odd Lots'' section.
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Non-Displayed ALO Order
As noted above, the Exchange proposes to permit ALO Orders to be
designated as non-displayed, and to effect this change, proposes to
modify Rule 7.31(e)(2) to add text specifying that ALO Orders may be
designated as non-displayed orders. The Exchange proposes that a non-
displayed ALO Order would function in the same way as an ALO Order
currently behaves except that it would not have a display price (and
thus would not be eligible to be designated to cancel, as such proposed
option is described above) and would be repriced when crossed by the
PBO (PBB) of an Away Market.
The Exchange also proposes to add text to Rule 7.31(e)(2)(E)(ii)
(as renumbered above) to provide that, if the PBO (PBB) of an Away
Market reprices lower (higher) than the working price of a non-
displayed ALO Order to buy (sell), the non-displayed ALO Order would
have a working price equal to the PBO (PBB) of the Away Market. This
proposed rule text would indicate, as noted above, a difference in
behavior between a non-displayed ALO Order, as proposed, and a
displayed ALO Order.
The Exchange believes that permitting an ALO Order to be non-
displayed would provide member organizations with greater flexibility
with respect to the operation of an existing order type and would
provide member organizations with the option to designate ALO Orders to
be non-displayed in accordance with their desired trading strategy.
The Exchange notes that displayed ALO Orders would continue to be
available for use by member organizations, and designating an ALO Order
to be non-displayed would be at the member organization's option. The
Exchange also believes that other cash equity exchanges similarly
permit order types analogous to the ALO Order to be non-displayed and
that this proposed change thus does not raise any novel issues.\11\
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\11\ See, e.g., MEMX Rules 11.8(b)(3) and (7) (providing that a
Limit Order may be non-displayed and designated with a Post Only
instruction). The Exchange also notes that BZX Rule 11.9(g)(1)(D)
and BYX Rule 11.9(g)(1)(D) refer to ``display-eligible'' BZX Post
Only Orders and BYX Post Only Orders, respectively, suggesting that
such orders could also be designated as non-displayed.
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ALO Odd Lots
Currently, Rules 7.31(e)(2) and 7.31(e)(3)(D) provide that ALO
Orders and Day ISO ALO Orders, respectively, must be entered with a
minimum of one displayed round lot. The Exchange proposes to permit ALO
Orders and Day ISO ALO Orders to be entered in any size, and thus
proposes to delete the round lot requirement from Rules 7.31(e)(2) and
7.31(e)(3)(D). The Exchange believes that requiring ALO Orders and Day
ISO ALO Orders to be entered in round lots is unnecessary, particularly
since the Exchange already permits odd lot residual quantities for ALO
Orders and Day ISO ALO Orders. The Exchange also believes that
permitting ALO Orders and Day ISO ALO Orders to be entered in odd lots
could increase liquidity and enhance opportunities for order execution
on the Exchange. The Exchange notes that permitting odd lot order
quantities, including for ALO Orders, is not novel on the Exchange or
other cash equity exchanges and thus believes that this proposed change
would align the Exchange's treatment of ALO Orders and Day ISO ALO
Orders with features available on other cash equity exchanges.\12\
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\12\ See, e.g., MEMX Rules 11.8(b)(2) and (7) (providing that a
Limit Order may be of odd lot size and designated with the Post Only
instruction). The Exchange also notes that the rules of Nasdaq, BZX,
and BYX do not appear to prohibit entry of their order types
analogous to the ALO Order in odd lots.
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Non-Display Remove Modifier
The Exchange proposes to introduce the Non-Display Remove Modifier
(``NDR Modifier''), which is currently offered by its affiliated
exchanges, NYSE American LLC (``NYSE American''),
[[Page 41836]]
NYSE Arca, Inc. (``NYSE Arca''), NYSE Chicago, Inc. (``NYSE Chicago''),
and NYSE National, Inc. (``NYSE National'') (collectively, the
``Affiliated Exchanges'').\13\
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\13\ See NYSE American Rules 7.31E(d)(2)(B), 7.31E(d)(3)(D)-(F),
7.31E(e)(1)(C), 7.31E(e)(2)(B)(iv)(b), and 7.31E(e)(3)(D)(iii)(b);
NYSE Arca Rules 7.31-E(d)(2)(B), 7.31-E(d)(3)(D)-(F), 7.31-
E(e)(1)(C), 7.31-E(e)(2)(B)(iv)(b), and 7.31-E(e)(3)(D)(iii)(b);
NYSE Chicago Rules 7.31(d)(2)(B), 7.31(d)(3)(D)-(F), 7.31(e)(1)(C),
7.31(e)(2)(B)(iv)(b), and 7.31(e)(3)(D)(iii)(b); NYSE National Rules
7.31(d)(2)(B), 7.31(d)(3)(D)-(F), 7.31(e)(1)(C),
7.31(e)(2)(B)(iv)(b), and 7.31(e)(3)(D)(iii)(b).
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The Exchange proposes that the NDR Modifier would be available for
use with Non-Displayed Limit Orders, Non-Routable Limit Orders (when
not displayed), and MPL Orders, and that any resting order with the NDR
Modifier would remove liquidity when it is locked by any ALO Order,
consistent with the operation of the NDR Modifier on the Affiliated
Exchanges.\14\
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\14\ The Exchange notes that NYSE National recently proposed
modifications to the NDR Modifier (see SR-NYSENAT-2022-09, available
at: <a href="https://www.nyse.com/publicdocs/nyse/markets/nyse-national/rule-filings/filings/2022/SR-NYSENAT-2022-09.pdf">https://www.nyse.com/publicdocs/nyse/markets/nyse-national/rule-filings/filings/2022/SR-NYSENAT-2022-09.pdf</a>), which changes will
also be proposed by the other Affiliated Exchanges in forthcoming
rule filings. The proposed changes in this filing to provide for use
of the NDR Modifier are consistent with the operation and
availability of the NDR Modifier on the Affiliated Exchanges,
pursuant to their pending and forthcoming rule filings. The Exchange
further notes that the operation of the NDR Modifier, as proposed in
this filing and by the Affiliated Exchanges in their respective rule
filings, would offer functionality similar to modifiers offered by
other cash equity exchanges. See, e.g., BYX Rule 11.9(c)(12)
(providing for the Non-Displayed Swap or ``NDS'' Order, which is an
instruction on an order resting on the BYX book that, when locked by
an incoming BYX Post Only Order that does not remove liquidity,
causes such order to be converted to an executable order that
removes liquidity against such incoming order); BZX Rule 11.9(c)(12)
(providing for the Non-Displayed Swap or ``NDS'' Order, which is an
instruction on an order resting on the BZX book that, when locked by
an incoming BZX Post Only Order that does not remove liquidity,
causes such order to be converted to an executable order that
removes liquidity against such incoming order).
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The Exchange believes that this proposed change would offer member
organizations a modifier already available on the Affiliated Exchanges
and thus promote consistency between the Exchange's rules and the rules
of its Affiliated Exchanges. The Exchange further believes that the
availability of the NDR Modifier would afford member organizations
increased flexibility with respect to order processing and could
provide enhanced opportunities for order execution by allowing resting
Non-Displayed Limit Orders, Non-Routable Limit Orders (when not
displayed), and MPL Orders designated with the NDR Modifier to be
eligible to trade when locked by an ALO Order.
To introduce the NDR Modifier, the Exchange proposes the following
changes, which are based on the rules of the Affiliated Exchanges: \15\
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\15\ See notes 13-14, supra.
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<bullet> The Exchange proposes to introduce Rule 7.31(d)(2)(B) to
provide that a Non-Displayed Limit Order may be designated with an NDR
Modifier and, when so designated, it would trade as the liquidity-
taking order with an Aggressing ALO Order or MPL-ALO Order when the
working price of such order locks the working price of the Non-
Displayed Limit Order.
<bullet> The Exchange proposes to modify Rule 7.31(d)(3)(D) to
provide that an MPL-IOC Order may not be designated with an NDR
Modifier. This proposed rule text is consistent with the Affiliated
Exchanges' existing rules.
<bullet> The Exchange proposes new Rule 7.31(d)(3)(E)(iii), which
would provide that an MPL-ALO Order cannot be designated with an NDR
Modifier.
<bullet> The Exchange proposes new Rule 7.31(d)(3)(F), which would
provide that an MPL Order designated Day may also be designated with an
NDR Modifier, and such order would trade as the liquidity-taking order
with an Aggressing ALO Order or MPL-ALO Order that has a working price
equal to the working price of the MPL Order.
<bullet> The Exchange proposes to add new Rule 7.31(e)(1)(C) to
provide that a Non-Routable Limit Order may be designated with an NDR
Modifier and, when so designated, would trade as the liquidity taker
against an Aggressing ALO Order or MPL-ALO Order when the Non-Routable
Limit Order has a working price (but not display price) equal to the
working price of the ALO Order or MPL-ALO Order.
Finally, the Exchange proposes to modify Rule 7.37 (Order Execution
and Routing) to add new Rule 7.37(b)(10). Proposed Rule 7.37(b)(10)
would address the allocation of orders designated with an NDR Modifier
and would clarify that, when a resting order that has been designated
with an NDR Modifier trades as the liquidity taker against an
Aggressing ALO Order or MPL-ALO Order, it will trade based on its
ranking as set forth in Rule 7.36(c). Rule 7.36(c) sets forth rules
pertaining to order ranking and provides that all non-marketable orders
are ranked and maintained in the Exchange Book according to: (1) price;
(2) priority category; (3) time; and (4) ranking restrictions
applicable to an order or modifier condition.
Proactive if Locked/Crossed Modifier
The Exchange proposes to modify Rule 7.31(i)(1), which is currently
designated as Reserved, to introduce the Proactive if Locked/Crossed
Modifier.\16\ The Exchange proposes that the Proactive if Locked/
Crossed Modifier would be available for use with a displayed Limit
Order or Inside Limit Order that is eligible to route. An order
designated with a Proactive if Locked/Crossed Modifier would route to
an Away Market (based on the ranking of such order pursuant to Rule
7.36(c)) if the Away Market locks or crosses the display price of the
order. In addition, if any quantity of the order is returned
unexecuted, the order would be displayed on the Exchange Book. The
Exchange believes that the addition of the Proactive if Locked/Crossed
Modifier would offer member organizations increased optionality with
respect to order routing and could provide member organizations with
increased opportunities for order execution by allowing orders
designated with the modifier to be routed to an Away Market when the
display price of such orders is locked or crossed by the Away Market.
The Exchange notes that the Proactive if Locked/Crossed Modifier is
currently offered by its Affiliated Exchanges, and proposed Rule
7.31(i)(1) is based on the rules of the same number on the Affiliated
Exchanges, without substantive changes.\17\ Accordingly, the Exchange
believes that the introduction of the Proactive if Locked/Crossed
Modifier would promote consistency among the rules of the Affiliated
Exchanges.
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\16\ The Exchange also proposes a conforming change to Rule 7.16
(Short Sales) in connection with the addition of the Proactive if
Locked/Crossed Modifier. The Exchange proposes to specify in new
paragraph (J) under Rule 7.16(f)(5) that Proactive if Locked/Crossed
Modifiers will be ignored during Short Sale Periods and proposes to
modify Rule 7.16(f)(5)(A) to refer to ``paragraphs (f)(5)(B)-(J) of
this Rule'' to reflect the addition of new paragraph (J). The
Exchange proposes to ignore the Proactive if Locked/Crossed Modifier
during Short Sale Periods because it would not route short sale
orders during such times.
\17\ See NYSE American Rule 7.31E(i)(1); NYSE Arca Rule 7.31-
E(i)(1); NYSE Chicago Rule 7.31(i)(1); NYSE National Rule
7.31(i)(1).
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MPL Orders
A Mid-Point Liquidity Order or MPL Order is currently defined in
Rule 7.31(d)(3) as a non-displayed, non-routable Limit Order with a
working price of the midpoint of the PBBO. The Exchange proposes to
modify the definition of an MPL Order to provide that an MPL Order to
buy (sell) would have a working price of the lower (higher) of the
midpoint of the PBBO or
[[Page 41837]]
its limit price. In other words, the Exchange proposes that an MPL
Order would be eligible to trade at the less aggressive of the midpoint
of the PBBO or its limit price. The Exchange believes that permitting
MPL Orders to trade at the less aggressive of the midpoint of the PBBO
or their limit price would provide member organizations with increased
opportunities for order execution, thereby enhancing market quality for
all market participants. The Exchange notes that permitting MPL Orders
to trade at the less aggressive of the midpoint of the PBBO or their
limit price is not novel and that comparable order types on other cash
equity exchanges currently behave in this manner.\18\
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\18\ See, e.g., MEMX Rule 11.6(h)(2) (providing that a Pegged
Order with a Midpoint Peg instruction may execute at its limit price
or better when its limit price is less aggressive than the midpoint
of the NBBO); Cboe EDGA Exchange, Inc. Rule 11.8(d) (describing the
MidPoint Peg Order, which is a non-displayed Market Order or Limit
Order with an instruction to execute at the midpoint of the NBBO,
but that may execute at its limit price or better when its limit
price is less aggressive than the midpoint of the NBBO); Cboe EDGX
Exchange, Inc. Rule 11.8(d) (same); Nasdaq Rule 4702(b)(5)(A)
(describing the Midpoint Peg Post-Only Order, which will be priced
at the midpoint between the NBBO or at its limit price when the
midpoint is higher than (lower than) the limit price of such order).
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To effect this change, the Exchange proposes to modify the
following portions of Rule 7.31(d)(3):
<bullet> Rule 7.31(d)(3) currently provides that an MPL Order has a
working price of the midpoint of the PBBO. The Exchange proposes to
modify this Rule to provide that an MPL Order to buy (sell) would have
a working price at the lower (higher) of the midpoint of the PBBO or
its limit price.
<bullet> Rule 7.31(d)(3)(A) currently provides that an MPL Order to
buy (sell) is eligible to trade only if the midpoint of the PBBO is at
or below (above) the limit price of the MPL Order. The Exchange
proposes to modify this Rule to provide that an MPL Order would be
eligible to trade at the working price of the order (which, as
described above, would be defined to be the less aggressive of the
midpoint of the PBBO or the limit price of the MPL Order).
<bullet> Rule 7.31(d)(3)(C) currently provides that an Aggressing
MPL Order to buy (sell) will trade with resting orders to sell (buy)
with a working price at or below (above) the midpoint of the PBBO at
the working price of the resting orders. The Exchange proposes to
modify this Rule to provide that an Aggressing MPL Order would trade
with a resting order, at the working price of such order, when the
resting order has a working price at or below (above) the working price
of the MPL Order. Rule 7.31(d)(3)(C) also currently states that resting
MPL Orders to buy (sell) will trade at the midpoint of the PBBO against
all Aggressing Orders to sell (buy) priced at or below (above) the
midpoint of the PBBO. The Exchange proposes to instead provide that
resting MPL Orders would trade against Aggressing Orders priced at or
below (above) the working price of the MPL Order, consistent with the
proposed changes described above to permit MPL Orders to trade at the
less aggressive of the midpoint of the PBBO or their limit price.
<bullet> Rule 7.31(d)(3)(E) currently provides that an MPL-ALO
Order is an MPL Order that has been designated with an ALO Modifier.
The Exchange proposes to revise subparagraphs (i) and (ii) thereunder
to make changes consistent with those described above with respect to
MPL Orders. Specifically, the Exchange proposes to modify Rule
7.31(d)(3)(E)(i) to be similar to Rule 7.31(d)(3)(C) but with modified
phrasing specific to the behavior of MPL-ALO Orders. Accordingly, Rule
7.31(d)(3)(E)(i), as proposed, would provide that an Aggressing MPL-ALO
Order to buy (sell) would trade with a resting order, at the working
price of such order, when the resting order has a working price below
(above) the less aggressive of the midpoint of the PBBO or the limit
price of the MPL-ALO Order. In addition, to reflect the operation of
the ALO Modifier, the Exchange further proposes to modify Rule
7.31(d)(3)(E)(i) to specify that an MPL-ALO Order would not trade with
resting orders priced equal to the less aggressive of the midpoint of
the PBBO or the limit price of the MPL-ALO Order.\19\ The Exchange
believes that these proposed changes would provide additional clarity
with respect to the particular behavior of MPL-ALO Orders, as such
orders (unlike MPL Orders) would not take liquidity at the less
aggressive of the midpoint of the PBBO or their limit price.
---------------------------------------------------------------------------
\19\ The proposed changes to Rule 7.31(d)(3)(E)(i) relating to
the operation of the NDR Modifier, as proposed, are described above
in the ``Non-Display Remove Modifier'' section.
---------------------------------------------------------------------------
In addition, because the Exchange proposes to allow MPL Orders--
including MPL-ALO Orders--to trade at the less aggressive of the
midpoint of the PBBO or their limit price, the Exchange proposes to
modify Rule 7.31(d)(3)(E)(ii) to replace the reference to the
``midpoint'' with the ``working price of the MPL-ALO Order''
(consistent with the revised definition of MPL Order proposed above).
Finally, the Exchange proposes a modification to Rule 7.11, which
sets forth rules pertaining to the Limit Up-Limit Down (``LULD'') Plan.
The proposed change would modify the handling of MPL Orders relative to
the Upper and Lower Price Bands, consistent with the proposed changes
described above with respect to the behavior of MPL Orders.
Specifically, the Exchange proposes to modify Rule 7.11(a)(5), which
describes the repricing or cancellation of orders to buy (sell) that
are priced or could be traded above (below) the Upper (Lower) Price
Band. Rule 7.11(a)(5)(F) currently provides that, if the midpoint of
the PBBO is above (below) the Upper (Lower) Price Band, an MPL Order
will not be repriced or rejected and will not be eligible to trade.
The Exchange proposes to delete the text of Rule 7.11(a)(5)(F) and
designate the Rule as Reserved. The Exchange believes Rule
7.11(a)(5)(F) is no longer necessary because MPL Orders, as proposed,
would be permitted to reprice and trade relative to LULD Price Bands.
The Exchange believes that this change is consistent with the proposed
change to permit MPL Orders to trade at prices other than the midpoint
of the PBBO or their limit price and would similarly increase execution
opportunities for MPL Orders within the bounds of the LULD Price Bands
in effect. The Exchange notes that MPL Orders would behave in the same
way as other Limit Orders with respect to LULD Price Bands and would
thus be processed as set forth in current Rule 7.11(a)(5)(B).
Reserve Orders
Rule 7.31(d)(1) provides for Reserve Orders, which are Limit or
Inside Limit Orders with a quantity of the size displayed and with a
reserve quantity that is not displayed. Rule 7.31(d)(1)(C) provides
that a Reserve Order must be designated Day and may only be combined
with a D Order, Non-Routable Limit Order, or a Primary Pegged Order.
The Exchange proposes to modify Rule 7.31(d)(1)(C) to clarify that
a Reserve Order may not be designated as an ALO Order. Rule
7.31(d)(1)(C) currently provides that a Reserve Order may be combined
with a Non-Routable Limit Order. However, although an ALO Order is a
Non-Routable Limit Order, the Exchange currently does not permit
Reserve Orders to be designated as ALO Orders and thus proposes a
clarifying change to Rule 7.31(d)(1)(C) to specify accordingly. The
Exchange notes that this change is intended only to clarify and reflect
current behavior and does not propose any changes to the current
[[Page 41838]]
operation of Reserve Orders or ALO Orders.
* * * * *
Because of the technology changes associated with this proposed
rule change, the Exchange will announce the implementation date by
Trader Update, which, subject to effectiveness of this proposed rule
change, will be in the third quarter of 2022.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Act,\20\ in general, and furthers the objectives of Section
6(b)(5),\21\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, 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.
---------------------------------------------------------------------------
\20\ 15 U.S.C. 78f(b).
\21\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
With respect to the proposed changes to permit Non-Routable Limit
Orders, displayed ALO Orders, and Day ISO ALO Orders to be designated
to cancel, the Exchange believes that the proposed changes would remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system because it would offer member
organizations the option to cancel such orders when they would be
displayed at a price other than their limit price. The Exchange
believes that providing member organizations with this option would
afford them increased flexibility with respect to order handling for
existing order types, as well as the ability to have greater
determinism regarding order processing in times when such orders would
be repriced to display at a price other than their limit price. The
Exchange notes that this designation would be optional for member
organizations, and if not designated to cancel, Non-Routable Limit
Orders, displayed ALO Orders, and Day ISO ALO Orders would continue to
function as set forth in current Exchange rules (except as otherwise
proposed in this filing). The Exchange also notes that providing member
organizations with the option to designate orders to cancel if they
would be repriced is not novel, and would align the Exchange's rules
with those of other cash equity exchanges that currently offer their
members similar functionality.\22\ The Exchange also believes that the
proposed changes described above to reorganize and rephrase rule text
that describes the current operation of Non-Routable Limit Orders,
displayed ALO Orders, and Day ISO ALO Orders are designed 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 because they do not propose any functional changes
other than to add the option to cancel instead of repricing and would
improve the clarity of Exchange rules governing such orders in
connection with the proposed addition of the option to designate such
orders to cancel.
---------------------------------------------------------------------------
\22\ See note 5, supra.
---------------------------------------------------------------------------
With respect to the proposed change to permit ALO Orders to be
designated as non-displayed, the Exchange believes that the proposed
change would 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 because it would offer member organizations
greater flexibility with respect to the entry of ALO Orders and could
offer member organizations increased opportunities for order execution.
The Exchange believes that permitting an ALO Order to be non-displayed
would simply provide member organizations with increased options with
respect to an existing order type, and member organizations are free to
designate ALO Orders to be non-displayed or to continue using displayed
ALO Orders as provided under current Exchange rules. The Exchange
further believes that permitting ALO Orders to be designated as non-
displayed is not novel and that this proposed change would remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system by aligning Exchange rules with the rules
of other cash equity exchanges.\23\
---------------------------------------------------------------------------
\23\ See note 11, supra.
---------------------------------------------------------------------------
With respect to the proposed change to permit ALO Orders and Day
ISO ALO Orders to be entered in any size, the Exchange also believes
that the proposed change would 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. Specifically, the Exchange believes that the proposed
change would provide member organizations with the flexibility and
optionality to enter ALO Orders and Day ISO ALO Orders in odd lot sized
orders, which could increase liquidity and enhance opportunities for
order execution on the Exchange, to the benefit of all market
participants. The Exchange also believes that the proposed change would
align Exchange rules with the treatment of post-only orders on other
cash equity exchanges, thereby removing impediments to, and perfecting
the mechanism of, a free and open market and a national market
system.\24\
---------------------------------------------------------------------------
\24\ See note 12, supra.
---------------------------------------------------------------------------
The Exchange also believes that its proposed addition of the NDR
Modifier and Proactive if Locked/Crossed Modifier would 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 by offering member
organizations the use of modifiers already available on the Affiliated
Exchanges, thereby harmonizing the Exchange's rules with the Affiliated
Exchanges' rules. The Exchange also believes that the proposed change
would remove impediments to, and perfect the mechanism of, a free and
open market and a national market system by offering member
organizations the use of additional modifiers and, for orders
designated with an NDR Modifier or Proactive if Locked/Crossed
Modifier, expanding the circumstances under which such orders would be
eligible to route or trade, thereby providing for increased
opportunities for order execution. The Exchange further believes that
the operation of the NDR Modifier, as proposed, would not be novel and
that the proposed change would promote just and equitable principles of
trade and remove impediments to, and perfect the mechanism of, a free
and open market and a national market system because the modifier would
function similarly to the NDR Modifier on the Affiliated Exchanges, as
well as analogous modifiers offered by other cash equity exchanges.\25\
---------------------------------------------------------------------------
\25\ See note 14, supra.
---------------------------------------------------------------------------
The Exchange also believes that the proposed changes to make an MPL
Order eligible to trade at the less aggressive of the midpoint of the
PBBO or its limit price and to permit an MPL Order to reprice and trade
relative to LULD Price Bands would promote just and equitable
principles of trade and remove impediments to, and perfect the
mechanism of, a free and open market and a national market system
because MPL Orders could have more opportunities to trade with contra-
side
[[Page 41839]]
interest, thereby providing member organizations with increased
opportunities for order execution and enhancing market quality for all
market participants. The Exchange also believes that this proposed
change would remove impediments to, and perfect the mechanism of, a
free and open market and a national market system because permitting
MPL Orders to trade at the less aggressive of the midpoint of the PBBO
or at their limit price is not novel and that comparable order types on
other cash equity exchanges currently behave in this manner.\26\
---------------------------------------------------------------------------
\26\ See note 18, supra.
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Finally, the Exchange believes that its proposed change to specify
that Reserve Orders may not be designated as an ALO Order would 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 because it is not intended to effect any functional change but
would instead add clarity to Exchange rules regarding the current
behavior of Reserve Orders.
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. As noted above, the Exchange
believes the proposed rule changes would generally align order handling
on the Exchange with behavior on other cash equity exchanges \27\ and
thus would promote competition among exchanges by offering member
organizations similar functionality and order handling options
available on other cash equity exchanges. The Exchange also believes
that, to the extent the proposed changes would increase opportunities
for order execution, the proposed change would promote competition by
making the Exchange a more attractive venue for order flow and
enhancing market quality for all market participants.
---------------------------------------------------------------------------
\27\ See notes 5, 11, 12, 14, 18, supra.
---------------------------------------------------------------------------
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 \30\ and Rule 19b-
4(f)(6)(iii) thereunder.\31\
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\28\ 15 U.S.C. 78s(b)(3)(A)(iii).
\29\ 17 CFR 240.19b-4(f)(6).
\30\ 15 U.S.C. 78s(b)(3)(A)(iii).
\31\ 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 complied with 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) \32\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------
\32\ 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
<bullet> Use the Commission's internet comment form (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#7c0e091019511f1311111912080f3c0f191f521b130a"><span class="__cf_email__" data-cfemail="453730292068262a2828202b3136053620266b222a33">[email protected]</span></a>. Please include
File Number SR-NYSE-2022-25 on the subject line.
Paper Comments
<bullet> 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-NYSE-2022-25. 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 website (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>).
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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2022-25 and should be submitted on
or before August 3, 2022.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------
\33\ 17 CFR 200.30-3(a)(12), (59).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-14873 Filed 7-12-22; 8:45 am]
BILLING CODE 8011-01-P
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