81_FR_21498 81 FR 21429 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.16 To Specify That Sell Short Post No Preference Orders and Sell Short PNP Blind Orders Priced At or Below the National Best Bid Will Be Rejected on Arrival During the Short Sale Period

81 FR 21429 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.16 To Specify That Sell Short Post No Preference Orders and Sell Short PNP Blind Orders Priced At or Below the National Best Bid Will Be Rejected on Arrival During the Short Sale Period

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 69 (April 11, 2016)

Page Range21429-21430
FR Document2016-08180

Federal Register, Volume 81 Issue 69 (Monday, April 11, 2016)
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21429-21430]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08180]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77520; File No. SR-NYSEArca-2016-51]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca 
Equities Rule 7.16 To Specify That Sell Short Post No Preference Orders 
and Sell Short PNP Blind Orders Priced At or Below the National Best 
Bid Will Be Rejected on Arrival During the Short Sale Period

April 5, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that on March 24, 2016, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') 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.
---------------------------------------------------------------------------

    \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 NYSE Arca Equities Rule 7.16 
(``Short Sales'') to specify that Post No Preference (``PNP'') orders 
and PNP Blind orders priced at or below the national best bid will be 
rejected on arrival during the Short Sale Period. 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
    NYSE Arca Equities Rule 7.16 (``Rule 7.16'') governs the treatment 
of sell short orders on the Exchange to comply with the requirements of 
Rule 201 of Regulation SHO.\4\ Currently, 7.16(f)(v)(D)(ii) provides, 
in part, that PNP Blind Orders will be re-priced and displayed at a 
Permitted Price \5\ during the Short Sale Period.\6\ The Exchange 
recently determined that, during a Short Sale Period, if the Exchange's 
best bid is the national best bid, PNP Blind short sale orders do not 
re-price to a Permitted Price but rather, the orders execute at the 
national best bid.
---------------------------------------------------------------------------

    \4\ 17 CFR 242.201.
    \5\ Rule 7.16(f)(v)(C) defines the term ``Permitted Price'' as 
one minimum price increment above the current national best bid. The 
Permitted Price for securities for which the national best bid is $1 
or more is $.01 above the national best bid; the Permitted Price for 
securities for which the national best bid is below $1 is $.0001 
above the national best bid.
    \6\ A ``Short Sale Period'' is defined in Rule 7.16(f)(iv) as 
the period during which the Short Sale Price Test is in effect. A 
Short Sale Price Test is defined in Rule 7.16(f)(ii) as the period 
when the Exchange will not execute or display a short sale order 
with respect to a covered security at a price that is less than or 
equal to the current national best bid if the price of that security 
decreases 10% or more, as determined by the listing market for the 
security, from the security's closing price on the listing market as 
of the end of regular trading hours on the prior day. Rule 7.16P, 
rather than Rule 7.16, governs the treatment of sell short orders 
for symbols trading on the Exchange's Pillar trading platform.
---------------------------------------------------------------------------

    To address this issue, the Exchange is proposing to amend Rule 
7.16(f)(v) by adding new subsection (H) to provide that, during a Short 
Sale Period, the Exchange would reject on arrival sell short PNP Orders 
and sell short PNP Blind Orders priced at or below the national best 
bid.\7\
---------------------------------------------------------------------------

    \7\ Due to technology limitations, the Exchange is not able to 
address this issue without rejecting both sell short PNP Orders and 
sell short PNP Blind Orders priced at or below the national best bid 
during the Short Sale Period. As such, the proposed rule text 
specifies that the Exchange would reject both sell short PNP Orders 
and sell short PNP Blind Orders, received during the Short Sale 
period, priced at or below the national best bid.
---------------------------------------------------------------------------

    The Exchange believes that the proposed change would eliminate the 
potential for sell short PNP Orders and PNP Blind Orders to execute at 
the national best bid during a Short Sale Period.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers 
the objectives of Section 6(b)(5),\8\ 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change would remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system because it would eliminate the potential for 
sell short PNP Orders and PNP Blind Orders to trade at the national 
best bid during a Short Sale Period. The Exchange further believes that 
the proposed rule change is reasonable and appropriate and designed to 
prevent fraudulent and manipulative acts because it provides more 
certainty to members and the investing public of how the Exchange will 
treat incoming short sale PNP Orders and short sale PNP Blind Orders 
during a Short Sale Period.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue but rather to eliminate the 
potential for sell short PNP Orders and PNP Blind Orders to trade at 
the national best bid during a Short Sale Period.

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

    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

[[Page 21430]]

operative for 30 days from the date on which it was filed, or such 
shorter time as the Commission may designate, it has become effective 
pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) 
thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \11\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
stated that the proposed rule change is designed to assure compliance 
with Rule 201 of Regulation SHO \13\ by assuring that the Exchange will 
not execute or display a sell short PNP or a sell short PNP Blind order 
at or below the national best bid during a Short Sale Period. The 
Exchange further stated that waiver of the operative delay would allow 
the Exchange to implement the rule change without delay, which would 
help eliminate potential investor confusion regarding how sell short 
PNP and PNP Blind Orders will be treated on arrival during a Short Sale 
Period. The Commission believes the waiver of the operative delay is 
consistent with the protection of investors and the public interest. 
Therefore, the Commission hereby waives the operative delay and 
designates the proposal operative upon filing.\14\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ 17 CFR 242.201.
    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEArca-2016-51 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-2016-51. 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 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-2016-51, and should 
be submitted on or before May 2, 2016.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-08180 Filed 4-8-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices                                               21429

                                                    Dated: April 6, 2016.                                  of those statements may be examined at                    2. Statutory Basis
                                                  Brent J. Fields,                                         the places specified in Item IV below.                       The proposed rule change is
                                                  Committee Management Officer.                            The Exchange has prepared summaries,                      consistent with Section 6(b) of the
                                                  [FR Doc. 2016–08228 Filed 4–8–16; 8:45 am]               set forth in sections A, B, and C below,                  Securities Exchange Act of 1934 (the
                                                  BILLING CODE 8011–01–P
                                                                                                           of the most significant parts of such                     ‘‘Act’’), in general, and furthers the
                                                                                                           statements.                                               objectives of Section 6(b)(5),8 in
                                                                                                           A. Self-Regulatory Organization’s                         particular, because it is designed to
                                                  SECURITIES AND EXCHANGE                                  Statement of the Purpose of, and the                      prevent fraudulent and manipulative
                                                  COMMISSION                                               Statutory Basis for, the Proposed Rule                    acts and practices, to promote just and
                                                  [Release No. 34–77520; File No. SR–                      Change                                                    equitable principles of trade, to foster
                                                  NYSEArca–2016–51]                                                                                                  cooperation and coordination with
                                                                                                           1. Purpose                                                persons engaged in facilitating
                                                  Self-Regulatory Organizations; NYSE                         NYSE Arca Equities Rule 7.16 (‘‘Rule                   transactions in securities, to remove
                                                  Arca, Inc.; Notice of Filing and                         7.16’’) governs the treatment of sell                     impediments to, and perfect the
                                                  Immediate Effectiveness of Proposed                      short orders on the Exchange to comply                    mechanism of, a free and open market
                                                  Rule Change Amending NYSE Arca                           with the requirements of Rule 201 of                      and a national market system and, in
                                                  Equities Rule 7.16 To Specify That Sell                  Regulation SHO.4 Currently,                               general, to protect investors and the
                                                  Short Post No Preference Orders and                      7.16(f)(v)(D)(ii) provides, in part, that                 public interest.
                                                  Sell Short PNP Blind Orders Priced At                    PNP Blind Orders will be re-priced and                       The Exchange believes that the
                                                  or Below the National Best Bid Will Be                   displayed at a Permitted Price 5 during                   proposed rule change would remove
                                                  Rejected on Arrival During the Short                     the Short Sale Period.6 The Exchange                      impediments to and perfect the
                                                  Sale Period                                              recently determined that, during a Short                  mechanism of a free and open market
                                                                                                           Sale Period, if the Exchange’s best bid                   and a national market system because it
                                                  April 5, 2016.                                           is the national best bid, PNP Blind short                 would eliminate the potential for sell
                                                     Pursuant to Section 19(b)(1) 1 of the                 sale orders do not re-price to a                          short PNP Orders and PNP Blind Orders
                                                  Securities Exchange Act of 1934 (the                     Permitted Price but rather, the orders                    to trade at the national best bid during
                                                  ‘‘Act’’),2 and Rule 19b–4 thereunder,3                   execute at the national best bid.                         a Short Sale Period. The Exchange
                                                  notice is hereby given that on March 24,                    To address this issue, the Exchange is                 further believes that the proposed rule
                                                  2016, NYSE Arca, Inc. (the ‘‘Exchange’’                  proposing to amend Rule 7.16(f)(v) by                     change is reasonable and appropriate
                                                  or ‘‘NYSE Arca’’) filed with the                         adding new subsection (H) to provide                      and designed to prevent fraudulent and
                                                  Securities and Exchange Commission                       that, during a Short Sale Period, the                     manipulative acts because it provides
                                                  (the ‘‘Commission’’) the proposed rule                   Exchange would reject on arrival sell                     more certainty to members and the
                                                  change as described in Items I and II                    short PNP Orders and sell short PNP                       investing public of how the Exchange
                                                  below, which Items have been prepared                    Blind Orders priced at or below the                       will treat incoming short sale PNP
                                                  by the self-regulatory organization. The                 national best bid.7                                       Orders and short sale PNP Blind Orders
                                                  Commission is publishing this notice to                     The Exchange believes that the                         during a Short Sale Period.
                                                  solicit comments on the proposed rule                    proposed change would eliminate the
                                                  change from interested persons.                          potential for sell short PNP Orders and                   B. Self-Regulatory Organization’s
                                                                                                           PNP Blind Orders to execute at the                        Statement on Burden on Competition
                                                  I. Self-Regulatory Organization’s                                                                                     The Exchange does not believe that
                                                                                                           national best bid during a Short Sale
                                                  Statement of the Terms of Substance of                                                                             the proposed rule change will impose
                                                                                                           Period.
                                                  the Proposed Rule Change                                                                                           any burden on competition that is not
                                                     The Exchange proposes to amend                          4 17  CFR 242.201.                                      necessary or appropriate in furtherance
                                                  NYSE Arca Equities Rule 7.16 (‘‘Short                      5 Rule  7.16(f)(v)(C) defines the term ‘‘Permitted      of the purposes of the Act. The
                                                  Sales’’) to specify that Post No                         Price’’ as one minimum price increment above the          proposed change is not designed to
                                                                                                           current national best bid. The Permitted Price for
                                                  Preference (‘‘PNP’’) orders and PNP                      securities for which the national best bid is $1 or       address any competitive issue but rather
                                                  Blind orders priced at or below the                      more is $.01 above the national best bid; the             to eliminate the potential for sell short
                                                  national best bid will be rejected on                    Permitted Price for securities for which the national     PNP Orders and PNP Blind Orders to
                                                  arrival during the Short Sale Period. The                best bid is below $1 is $.0001 above the national
                                                                                                           best bid.
                                                                                                                                                                     trade at the national best bid during a
                                                  proposed rule change is available on the                    6 A ‘‘Short Sale Period’’ is defined in Rule           Short Sale Period.
                                                  Exchange’s Web site at www.nyse.com,                     7.16(f)(iv) as the period during which the Short Sale
                                                                                                                                                                     C. Self-Regulatory Organization’s
                                                  at the principal office of the Exchange,                 Price Test is in effect. A Short Sale Price Test is
                                                                                                           defined in Rule 7.16(f)(ii) as the period when the        Statement on Comments on the
                                                  and at the Commission’s Public
                                                                                                           Exchange will not execute or display a short sale         Proposed Rule Change Received From
                                                  Reference Room.                                          order with respect to a covered security at a price       Members, Participants, or Others
                                                                                                           that is less than or equal to the current national best
                                                  II. Self-Regulatory Organization’s                       bid if the price of that security decreases 10% or          No written comments were solicited
                                                  Statement of the Purpose of, and                         more, as determined by the listing market for the         or received with respect to the proposed
                                                  Statutory Basis for, the Proposed Rule                   security, from the security’s closing price on the
                                                                                                                                                                     rule change.
                                                  Change                                                   listing market as of the end of regular trading hours
                                                                                                           on the prior day. Rule 7.16P, rather than Rule 7.16,      III. Date of Effectiveness of the
                                                     In its filing with the Commission, the                governs the treatment of sell short orders for
                                                                                                           symbols trading on the Exchange’s Pillar trading          Proposed Rule Change and Timing for
                                                  self-regulatory organization included
                                                                                                           platform.                                                 Commission Action
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  statements concerning the purpose of,                       7 Due to technology limitations, the Exchange is
                                                  and basis for, the proposed rule change                  not able to address this issue without rejecting both
                                                                                                                                                                        Because the proposed rule change
                                                  and discussed any comments it received                   sell short PNP Orders and sell short PNP Blind            does not (i) significantly affect the
                                                  on the proposed rule change. The text                    Orders priced at or below the national best bid           protection of investors or the public
                                                                                                           during the Short Sale Period. As such, the proposed       interest; (ii) impose any significant
                                                                                                           rule text specifies that the Exchange would reject
                                                    1 15 U.S.C. 78s(b)(1).                                 both sell short PNP Orders and sell short PNP Blind
                                                                                                                                                                     burden on competition; and (iii) become
                                                    2 15 U.S.C. 78a.                                       Orders, received during the Short Sale period,
                                                    3 17 CFR 240.19b–4.                                    priced at or below the national best bid.                  8 15   U.S.C. 78f(b)(5).



                                             VerDate Sep<11>2014    18:37 Apr 08, 2016   Jkt 238001   PO 00000   Frm 00121   Fmt 4703   Sfmt 4703   E:\FR\FM\11APN1.SGM       11APN1


                                                  21430                           Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

                                                  operative for 30 days from the date on                  change should be approved or                            For the Commission, by the Division of
                                                  which it was filed, or such shorter time                disapproved.                                          Trading and Markets, pursuant to delegated
                                                  as the Commission may designate, it has                                                                       authority.15
                                                                                                          IV. Solicitation of Comments                          Robert W. Errett,
                                                  become effective pursuant to Section
                                                  19(b)(3)(A) of the Act 9 and Rule 19b–                    Interested persons are invited to                   Deputy Secretary.
                                                  4(f)(6) thereunder.10                                   submit written data, views, and                       [FR Doc. 2016–08180 Filed 4–8–16; 8:45 am]
                                                     A proposed rule change filed                         arguments concerning the foregoing,                   BILLING CODE 8011–01–P
                                                  pursuant to Rule 19b–4(f)(6) under the                  including whether the proposed rule
                                                  Act 11 normally does not become                         change is consistent with the Act.
                                                  operative for 30 days after the date of its             Comments may be submitted by any of                   SECURITIES AND EXCHANGE
                                                  filing. However, Rule 19b–4(f)(6)(iii) 12               the following methods:                                COMMISSION
                                                  permits the Commission to designate a                                                                         [Release No. 34–77516; File No. SR–
                                                  shorter time if such action is consistent               Electronic Comments
                                                                                                                                                                NYSEArca–2016–15]
                                                  with the protection of investors and the                  • Use the Commission’s Internet
                                                  public interest. The Exchange has asked                 comment form (http://www.sec.gov/                     Self-Regulatory Organizations; NYSE
                                                  the Commission to waive the 30-day                      rules/sro.shtml); or                                  Arca, Inc.; Notice of Filing of Proposed
                                                  operative delay so that the proposal may                                                                      Rule Change, as Modified by
                                                  become operative immediately upon                         • Send an email to rule-                            Amendment No. 1, To Amend Rule
                                                  filing. The Exchange stated that the                    comments@sec.gov. Please include File                 6.67(c) by Revising the Clearing
                                                  proposed rule change is designed to                     Number SR–NYSEArca–2016–51 on the                     Member Requirements for Entering an
                                                  assure compliance with Rule 201 of                      subject line.                                         Order Into the Electronic Order
                                                  Regulation SHO 13 by assuring that the                  Paper Comments                                        Capture System (‘‘EOC’’)
                                                  Exchange will not execute or display a
                                                  sell short PNP or a sell short PNP Blind                   • Send paper comments in triplicate                April 5, 2016.
                                                  order at or below the national best bid                 to Brent J. Fields, Secretary, Securities                Pursuant to Section 19(b)(1) 1 of the
                                                  during a Short Sale Period. The                         and Exchange Commission, 100 F Street                 Securities Exchange Act of 1934 (the
                                                  Exchange further stated that waiver of                  NE., Washington, DC 20549–1090.                       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  the operative delay would allow the                     All submissions should refer to File                  notice is hereby given that, on March
                                                  Exchange to implement the rule change                   Number SR–NYSEArca–2016–51. This                      22, 2016, NYSE Arca, Inc. (the
                                                  without delay, which would help                         file number should be included on the                 ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                  eliminate potential investor confusion                  subject line if email is used. To help the            the Securities and Exchange
                                                  regarding how sell short PNP and PNP                    Commission process and review your                    Commission (the ‘‘Commission’’) the
                                                  Blind Orders will be treated on arrival                 comments more efficiently, please use                 proposed rule change as described in
                                                  during a Short Sale Period. The                         only one method. The Commission will                  Items I and II below, which Items have
                                                  Commission believes the waiver of the                   post all comments on the Commission’s                 been prepared by the self-regulatory
                                                  operative delay is consistent with the                  Internet Web site (http://www.sec.gov/                organization. On March 30, 2016, the
                                                  protection of investors and the public                  rules/sro.shtml). Copies of the                       Exchange filed Amendment No. 1 to the
                                                  interest. Therefore, the Commission                     submission, all subsequent                            proposed rule change. The Commission
                                                  hereby waives the operative delay and                   amendments, all written statements                    is publishing this notice to solicit
                                                  designates the proposal operative upon                  with respect to the proposed rule                     comments on the proposed rule change,
                                                  filing.14                                               change that are filed with the                        as modified by Amendment No. 1, from
                                                     At any time within 60 days of the                    Commission, and all written                           interested persons.
                                                  filing of the proposed rule change, the                 communications relating to the                        I. Self-Regulatory Organization’s
                                                  Commission summarily may                                proposed rule change between the                      Statement of the Terms of the Substance
                                                  temporarily suspend such rule change if                 Commission and any person, other than                 of the Proposed Rule Change
                                                  it appears to the Commission that such                  those that may be withheld from the
                                                  action is necessary or appropriate in the                                                                        The Exchange proposes to amend
                                                                                                          public in accordance with the
                                                  public interest, for the protection of                                                                        Rule 6.67(c) by revising the
                                                                                                          provisions of 5 U.S.C. 552, will be
                                                  investors, or otherwise in furtherance of                                                                     requirements for entering an order into
                                                                                                          available for Web site viewing and
                                                  the purposes of the Act. If the                                                                               the Electronic Order Capture System
                                                                                                          printing in the Commission’s Public
                                                  Commission takes such action, the                                                                             (‘‘EOC’’). The proposed rule change is
                                                                                                          Reference Room, 100 F Street NE.,
                                                  Commission shall institute proceedings                                                                        available on the Exchange’s Web site at
                                                                                                          Washington, DC 20549 on official
                                                  to determine whether the proposed rule                                                                        www.nyse.com, at the principal office of
                                                                                                          business days between the hours of
                                                                                                                                                                the Exchange, and at the Commission’s
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of such
                                                    9 15  U.S.C. 78s(b)(3)(A).                                                                                  Public Reference Room.
                                                                                                          filing also will be available for
                                                    10 17  CFR 240.19b–4(f)(6). As required under Rule    inspection and copying at the principal               II. Self-Regulatory Organization’s
                                                  19b–4(f)(6)(iii), the Exchange provided the
                                                  Commission with written notice of its intent to file    office of the Exchange. All comments                  Statement of the Purpose of, and
                                                  the proposed rule change, along with a brief            received will be posted without change;               Statutory Basis for, the Proposed Rule
                                                  description and the text of the proposed rule           the Commission does not edit personal                 Change
                                                  change, at least five business days prior to the date   identifying information from
                                                  of filing of the proposed rule change, or such                                                                  In its filing with the Commission, the
                                                                                                          submissions. You should submit only
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  shorter time as designated by the Commission.                                                                 self-regulatory organization included
                                                     11 17 CFR 240.19b–4(f)(6).                           information that you wish to make                     statements concerning the purpose of,
                                                     12 17 CFR 240.19b–4(f)(6)(iii).                      available publicly. All submissions                   and basis for, the proposed rule change
                                                     13 17 CFR 242.201.                                   should refer to File Number SR–                       and discussed any comments it received
                                                     14 For purposes only of waiving the 30-day
                                                                                                          NYSEArca–2016–51, and should be
                                                  operative delay, the Commission has also                submitted on or before May 2, 2016.                     1 15 U.S.C. 78s(b)(1).
                                                  considered the proposed rule’s impact on
                                                                                                                                                                  2 15 U.S.C. 78a.
                                                  efficiency, competition, and capital formation. See
                                                  15 U.S.C. 78c(f).                                         15 17   CFR 200.30–3(a)(12).                          3 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014   18:37 Apr 08, 2016   Jkt 238001   PO 00000   Frm 00122   Fmt 4703   Sfmt 4703   E:\FR\FM\11APN1.SGM   11APN1



Document Created: 2016-04-09 00:11:32
Document Modified: 2016-04-09 00:11:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 21429 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR