Daily Rules, Proposed Rules, and Notices of the Federal Government
The Exchange proposes to amend Rule 993NY by adding a new paragraph (c) that addresses the authority of the Exchange or Archipelago Securities LLC ("Arca Securities") to cancel orders when a technical or systems issue occurs and to describe the operation of an error account for Arca Securities. The text of the proposed rule change is available on the Exchange's Web site at
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.
The Exchange proposes to amend Rule 993NY by adding a new paragraph (c) that addresses the authority of the Exchange or Arca Securities to cancel orders when a technical or systems issue occurs and to describe the operation of an error account for Arca Securities.
Arca Securities is an approved routing broker of the Exchange, subject to the conditions listed in Rule 993NY.
A technical or systems issue may arise at Arca Securities, a routing destination, or the Exchange that may cause the Exchange or Arca Securities to take steps to cancel orders if the Exchange or Arca Securities determines that such action is necessary to maintain a fair and orderly market. The examples set forth below describe some of the circumstances in which the Exchange or Arca Securities may decide to cancel orders.
In some instances, the technical or systems issue at Arca Securities, a routing destination, the Exchange, or a non-affiliate third-party Routing Broker may also result in Arca Securities acquiring an error position that it must resolve. The examples set forth below describe some of the circumstances in which error positions may arise.
In the circumstances described above, Arca Securities may not learn about an error position until T+1, either: (1) During the clearing process when a routing destination has submitted to OCC a transaction for clearance and settlement for which Arca Securities never received an execution confirmation; or (2) when a routing destination does not recognize a transaction submitted on behalf of Arca Securities to OCC for clearance and settlement. Moreover, the affected ATP Holders' trade may not be nullified absent express authority under Exchange rules.
The Exchange proposes to amend Rule 993NY to add new paragraph (c) to address the cancellation of orders due to technical or systems issues and the use of an error account by Arca Securities.
Specifically, under paragraph (c)(1) of the proposed rule, the Exchange or Arca
Paragraph (c)(2) of the proposed rule would permit Arca Securities to maintain an error account for the purpose of addressing positions that result from a technical or systems issue at Arca Securities, the Exchange, a routing destination, or a non-affiliate third-party Routing Broker that affects one or more orders ("error positions"). By definition, an error position would not include any position that results from an order submitted by an ATP Holder to the Exchange that is executed on the Exchange and processed pursuant to Rule 960.
Under paragraph (c)(3), in connection with a particular technical or systems issue, Arca Securities or the Exchange would be permitted to either (i) assign all resulting error positions to ATP Holders, or (ii) have all resulting error positions liquidated, as described below. Any determination to assign or liquidate error positions, as well as any resulting assignments, would be required to be made in a nondiscriminatory fashion.
Arca Securities or the Exchange would be required to assign all error positions resulting from a particular technical or systems issue to the applicable ATP Holders affected by that technical or systems issue if Arca Securities or the Exchange:
* Determined that it has accurate and sufficient information (including valid clearing information) to assign the positions to all of the applicable ATP Holders affected by that technical or systems issue;
* Determined that it has sufficient time pursuant to normal clearance and settlement deadlines to evaluate the information necessary to assign the positions to all of the applicable ATP Holders affected by that technical or systems issue; and
* Had not determined to cancel all orders affected by that technical or systems issue.
For example, a technical or systems issue of limited scope or duration may occur at a routing destination, and the resulting trades may be submitted for clearance and settlement by such routing destination to OCC. If there were a small number of trades, there may be sufficient time to match positions with ATP Holder or orders and avoid using the error account.
There may be scenarios, however, where Arca Securities determines that it is unable to assign all error positions resulting from a particular technical or systems issue to all of the affected ATP Holders, or determines to cancel all affected routed orders. For example, in some cases, the volume of questionable executions and positions resulting from a technical or systems issue might be such that the research necessary to determine which ATP Holder to assign those executions to could be expected to extend past the normal settlement cycle for such executions. Furthermore, if a routing destination experiences a technical or systems issue after Arca Securities has transmitted IOC orders to it that prevents Arca Securities from receiving responses to those orders, Arca Securities or the Exchange may determine to cancel all routed orders affected by that issue. In such a situation, Arca Securities or the Exchange would not pass on to the ATP Holders any executions on the routed orders received from the routing destination.
The proposed rule also would require Arca Securities to liquidate error positions as soon as practicable.
Under proposed paragraph (c)(4), Arca Securities and the Exchange would be required to make and keep records to document all determinations to treat positions as error positions and all determinations for the assignment of error positions to ATP Holders or the liquidation of error positions, as well as records associated with the liquidation of error positions through the third-party broker-dealer.
The proposed rule change is consistent with Section 6(b)
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.
No written comments were solicited or received with respect to the proposed rule change.
Because the foregoing 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 for 30 days after the date of the filing, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act
NYSE MKT has requested that the Commission waive the 30-day operative delay.
At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.
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:
* Use the Commission's Internet comment form (
* Send an email to
* Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.