81_FR_42905 81 FR 42779 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change for a Temporary Suspension of Those Aspects of Rules 36.20-Equities and 36.21-Equities That Would Not Permit Floor Brokers To Use Personal Portable Phone Devices on the Trading Floor Due to the Unavailability of Floor Broker Telephone Services

81 FR 42779 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change for a Temporary Suspension of Those Aspects of Rules 36.20-Equities and 36.21-Equities That Would Not Permit Floor Brokers To Use Personal Portable Phone Devices on the Trading Floor Due to the Unavailability of Floor Broker Telephone Services

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 126 (June 30, 2016)

Page Range42779-42781
FR Document2016-15500

Federal Register, Volume 81 Issue 126 (Thursday, June 30, 2016)
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Notices]
[Pages 42779-42781]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15500]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78155; File No. SR-NYSEMKT-2016-64]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change for a Temporary 
Suspension of Those Aspects of Rules 36.20--Equities and 36.21--
Equities That Would Not Permit Floor Brokers To Use Personal Portable 
Phone Devices on the Trading Floor Due to the Unavailability of Floor 
Broker Telephone Services

June 24, 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 June 24, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the 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 a temporary suspension of those aspects of 
Rules 36.20--Equities and 36.21--Equities that would not permit Floor 
brokers to use personal portable phone devices on the Trading Floor due 
to the unavailability of Floor broker telephone services on June 24, 
2016. The proposed rule change is available on the Exchange's Web site 
at www.nyse.com, at the principal office of the Exchange,

[[Page 42780]]

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 temporarily suspend those aspects of Rules 
36.20--Equities (``Rule 36.20'') and 36.21--Equities (``Rule 36.21'') 
that would not permit Floor brokers to use personal portable phone 
devices on the Trading Floor.\4\ As proposed, all other aspects of Rule 
36--Equities (``Rule 36'') remain applicable and the temporary 
suspensions of the applicable Rule 36 requirements are in effect on 
June 24, 2016 only.\5\
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    \4\ Pursuant to Rule 6A--Equities, the Trading Floor is defined 
as the restricted-access physical areas designated by the Exchange 
for the trading of securities.
    \5\ The Exchange provided Floor brokers with notice of this rule 
filing, including the applicable recordkeeping and other 
requirements related to using personal cell phones during the 
temporary suspension of Rule 36.
---------------------------------------------------------------------------

    On June 24, 2016, the third-party carrier that provides service for 
the wired phone lines for Floor brokers experienced an issue that 
affected the availability of those phone lines. This suspension of 
service only impacted the service for telephone service for Floor 
brokers and did not impact phone service for Designated Market Makers. 
The Exchange is working closely with the third-party carrier to restore 
such phone service.
    Rules 36.20 and 36.21 govern the type of telephone communications 
that are approved for Floor brokers. Pursuant to Rule 36.20, Floor 
brokers may maintain a telephone line on the Trading Floor and use 
Exchange authorized and provided portable phones while on the Trading 
Floor. The use of such Exchange authorized and provided portable phones 
is governed by Rule 36.21. Because of the issues with the third-party 
carrier, Floor brokers are unable to reach their customers via their 
third-party carrier wired telephone lines. While Exchange-provided 
portable phones are operating, not all Floor brokers have Exchange-
provided and authorized portable phones. However, the personal cell 
phones of Floor brokers are operational on the Trading Floor. The 
Exchange believes that because communications with customers is a vital 
part of a Floor broker's role as agent and therefore contributes to 
maintaining a fair and orderly market, during the period when the phone 
lines are non-operational, Floor brokers who do not have Exchange 
authorized and provided portable phones should be permitted to use 
personal cell phone devices in lieu of the non-operational wired phone 
lines.\6\
---------------------------------------------------------------------------

    \6\ To the extent that the wired phone lines are operational, 
Floor brokers must use those phone lines rather than use a personal 
cell phone.
---------------------------------------------------------------------------

    The Exchange therefore proposes to temporarily suspend the 
limitations in Rules 36.20 and 36.21 that permit Floor brokers to use 
only Exchange authorized and provided portable phones so that Floor 
brokers who do not have an Exchange authorized and portable phone may 
use personal cell phones on the Trading Floor. The Exchange proposes 
that pursuant to this temporary suspension, Floor brokers must provide 
the Exchange with the names of all Floor-based personnel who used 
personal portable phones during this temporary suspension period, 
together with the phone number and applicable carrier for each number. 
Floor broker member organizations must maintain in their books and 
records all cell phone records that show both incoming and outgoing 
calls that were made during the period that a personal portable phone 
was used on the Trading Floor. To the extent the records are 
unavailable from the third-party carrier, the Floor brokers must 
maintain contemporaneous records of all calls made or received on a 
personal portable phone while on the Trading Floor. As with all member 
organization records, such cell phone records must be provided to 
Exchange regulatory staff on request.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\7\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\8\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, and to remove impediments to and perfect 
the mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, because of issues experienced by a third-party phone 
carrier, wired phone lines are not functional. The Exchange believes 
that the proposed temporary suspensions from those aspects of Rule 36 
that restrict Floor broker's use of personal portable phones on the 
Trading Floor removes impediments to and perfects the mechanism of a 
free and open market and national market system because the proposed 
relief will enable Floor brokers who do not have an Exchange authorized 
and provided portable phone to conduct their regular business, 
notwithstanding the ongoing issues with telephone service. The Exchange 
further believes that without the requested relief, Floor brokers would 
be compromised in their ability to conduct their regular course of 
business on the Trading Floor. In particular, for Floor brokers, 
because they operate as agents for customers, their inability to 
communicate with customers could compromise their ability to represent 
public orders on the Trading Floor.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange does not 
believe that the proposed rule change will impose any burden on 
competition because the proposed change only impacts Floor brokers and 
has no change in operations for other market participants or other 
market centers. To the contrary, the Exchange believes that without the 
proposed relief, Floor brokers would be compromised in their ability to 
conduct their regular course of business on the Trading Floor, thereby 
placing a burden on the Floor brokers' ability to compete.

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.

[[Page 42781]]

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\ 
Because the proposed rule change does not: (i) significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\11\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
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 Commission has determined to waive the five-day prefiling period 
in this case.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) under the Act 
\12\ normally does not become operative prior to 30 days after the date 
of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the 
Commission may 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. In support 
of the request, the Exchange states that waiver the 30-day operative 
delay will allow the Exchange to invoke the relief immediately upon 
filing, which is necessary so that Floor brokers may be able to 
communicate with their customers on a day with significantly increased 
volumes of trading due both to the United Kingdom referendum vote to 
leave the European Union and the rebalancing of the Russell Investment 
Group indices after the close of trading on June 24, 2016. Based on the 
above, the Commission believes that waiver of the 30-day operative 
delay is consistent with the protection of investors and the public 
interest because it will permit Floor brokers to remain in 
communication with customers while wired phone lines are unavailable. 
Accordingly, the Commission designates the proposed rule change as 
operative upon filing with the Commission.\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has 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 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) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEMKT-2016-64 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-NYSEMKT-2016-64. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEMKT-2016-64, and should 
be submitted on or before July 21, 2016.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016-15500 Filed 6-29-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices                                                  42779

                                                  directly into the FCM Clearing                          securities clearing or persons using such              not edit personal identifying
                                                  Member’s segregated futures account.                    securities-clearing service. At any time               information from submissions. You
                                                     For the reasons stated above, OCC                    within 60 days of the filing of the                    should submit only information that
                                                  believes that the proposed rule change                  proposed rule change, the Commission                   you wish to make available publicly.
                                                  is designed to assure the safeguarding of               summarily may temporarily suspend                        All submissions should refer to File
                                                  securities and funds which are in the                   such rule change if it appears to the                  Number SR–OCC–2016–003 and should
                                                  custody or control of OCC or for which                  Commission that such action is                         be submitted on or before July 21, 2016.
                                                  it is responsible in accordance with                    necessary or appropriate in the public                   For the Commission, by the Division of
                                                  Section 17A(b)(3)(F) of the Act 10 and is               interest, for the protection of investors,             Trading and Markets, pursuant to delegated
                                                  reasonably designed to ensure that OCC                  or otherwise in furtherance of the                     authority.16
                                                  holds margin assets in a manner that                    purposes of the Act.                                   Brent J. Fields,
                                                  minimizes risk of loss or delay in its                                                                         Secretary.
                                                                                                          IV. Solicitation of Comments
                                                  access to them, consistent with Rule
                                                                                                            Interested persons are invited to                    [FR Doc. 2016–15455 Filed 6–29–16; 8:45 am]
                                                  17Ad–22(d)(3).11 The proposed rule
                                                  change is not inconsistent with the                     submit written data, views and                         BILLING CODE 8011–01–P

                                                  existing rules of OCC, including any                    arguments concerning the foregoing,
                                                  other rules proposed to be amended.                     including whether the proposed rule
                                                                                                          change is consistent with the Act.                     SECURITIES AND EXCHANGE
                                                  (B) Clearing Agency’s Statement on                      Comments may be submitted by any of                    COMMISSION
                                                  Burden on Competition                                   the following methods:
                                                                                                                                                                 [Release No. 34–78155; File No. SR–
                                                    OCC does not believe that the                         Electronic Comments                                    NYSEMKT–2016–64]
                                                  proposed rule change would have any
                                                  impact or impose any burden on                            • Use the Commission’s Internet                      Self-Regulatory Organizations; NYSE
                                                  competition12 not necessary or                          comment form (http://www.sec.gov/                      MKT LLC; Notice of Filing and
                                                  appropriate in furtherance of the Act                   rules/sro.shtml); or                                   Immediate Effectiveness of Proposed
                                                  because it pertains solely to OCC’s                       • Send an email to rule-comments@                    Rule Change for a Temporary
                                                  activities relating to the clearing of                  sec.gov. Please include File Number SR–                Suspension of Those Aspects of Rules
                                                  commodity futures products subject to                   OCC–2016–003 on the subject line.                      36.20—Equities and 36.21—Equities
                                                  the exclusive jurisdiction of the CFTC                  Paper Comments                                         That Would Not Permit Floor Brokers
                                                  and therefore would not have any                           • Send paper comments in triplicate                 To Use Personal Portable Phone
                                                  impact or impose any burden on                          to Secretary, Securities and Exchange                  Devices on the Trading Floor Due to
                                                  competition in securities markets or any                Commission, 100 F Street NE.,                          the Unavailability of Floor Broker
                                                  other market governed by the Act.                       Washington, DC 20549–1090.                             Telephone Services
                                                  (C) Clearing Agency’s Statement on                      All submissions should refer to File                   June 24, 2016.
                                                  Comments on the Proposed Rule                           Number SR–OCC–2016–003. This file                         Pursuant to Section 19(b)(1) 1 of the
                                                  Change Received From Members,                           number should be included on the                       Securities Exchange Act of 1934 (the
                                                  Participants or Others                                  subject line if email is used. To help the             ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                    Written comments on the proposed                      Commission process and review your                     notice is hereby given that on June 24,
                                                  rule change were not and are not                        comments more efficiently, please use                  2016, NYSE MKT LLC (the ‘‘Exchange’’
                                                  intended to be solicited with respect to                only one method. The Commission will                   or ‘‘NYSE MKT’’) filed with the
                                                  the proposed rule change and none have                  post all comments on the Commission’s                  Securities and Exchange Commission
                                                  been received.                                          Internet Web site (http://www.sec.gov/                 (‘‘Commission’’) the proposed rule
                                                                                                          rules/sro.shtml). Copies of the                        change as described in Items I and II
                                                  III. Date of Effectiveness of the                       submission, all subsequent                             below, which Items have been prepared
                                                  Proposed Rule Change and Timing for                     amendments, all written statements                     by the self-regulatory organization. The
                                                  Commission Action                                       with respect to the proposed rule                      Commission is publishing this notice to
                                                     The foregoing rule change has become                 change that are filed with the                         solicit comments on the proposed rule
                                                  effective upon filing 13 pursuant to                    Commission, and all written                            change from interested persons.
                                                  Section 19(b)(3)(A)(iii) of the Act 14 and              communications relating to the
                                                  Rule 19b–4(f)(4)(ii) thereunder 15                      proposed rule change between the                       I. Self-Regulatory Organization’s
                                                  because it effects a change in an existing              Commission and any person, other than                  Statement of the Terms of Substance of
                                                  service of OCC that (i) primarily affects               those that may be withheld from the                    the Proposed Rule Change
                                                  the clearing operations of OCC with                     public in accordance with the                             The Exchange proposes a temporary
                                                  respect to products that are not                        provisions of 5 U.S.C. 552, will be                    suspension of those aspects of Rules
                                                  securities, including futures that are not              available for Web site viewing and                     36.20—Equities and 36.21—Equities
                                                  security futures and (ii) does not                      printing in the Commission’s Public                    that would not permit Floor brokers to
                                                  significantly affect any securities                     Reference Room, 100 F Street NE.,                      use personal portable phone devices on
                                                  clearing operations of OCC or any rights                Washington, DC 20549, on official                      the Trading Floor due to the
                                                  or obligations of OCC with respect to                   business days between the hours of                     unavailability of Floor broker telephone
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of such                services on June 24, 2016. The proposed
                                                                                                          filings also will be available for
mstockstill on DSK3G9T082PROD with NOTICES




                                                    10 15 U.S.C. 78q–1(b)(3)(F).                                                                                 rule change is available on the
                                                    11 17 CFR 240.17Ad–22(d)(3).                          inspection and copying at the principal                Exchange’s Web site at www.nyse.com,
                                                    12 15 U.S.C. 78q–1(b)(3)(I).
                                                                                                          office of OCC and on OCC’s Web site at                 at the principal office of the Exchange,
                                                    13 Notwithstanding the immediate effectiveness of
                                                                                                          http://www.theocc.com/components/
                                                  the proposed rule change, implementation of this
                                                  rule change is also contingent on it being deemed       docs/legal/rules_and_bylaws/sr_occ_16_                   16 17 CFR 200.30–3(a)(12).
                                                  certified under CFTC Regulation § 40.6.                 003.pdf.                                                 1 15 U.S.C. 78s(b)(1).
                                                    14 15 U.S.C. 78s(b)(3)(A)(iii).                          All comments received will be posted                  2 15 U.S.C. 78a.
                                                    15 17 CFR 240.19b–4(f)(4)(ii).                        without change; the Commission does                      3 17 CFR 240.19b–4.




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                                                  42780                          Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices

                                                  and at the Commission’s Public                          third-party carrier, Floor brokers are                 manipulative acts and practices, to
                                                  Reference Room.                                         unable to reach their customers via their              promote just and equitable principles of
                                                                                                          third-party carrier wired telephone                    trade, to foster cooperation and
                                                  II. Self-Regulatory Organization’s
                                                                                                          lines. While Exchange-provided                         coordination with persons engaged in
                                                  Statement of the Purpose of, and
                                                                                                          portable phones are operating, not all                 facilitating transactions in securities,
                                                  Statutory Basis for, the Proposed Rule
                                                  Change                                                  Floor brokers have Exchange-provided                   and to remove impediments to and
                                                                                                          and authorized portable phones.                        perfect the mechanism of a free and
                                                     In its filing with the Commission, the               However, the personal cell phones of                   open market and a national market
                                                  self-regulatory organization included                   Floor brokers are operational on the                   system.
                                                  statements concerning the purpose of,                   Trading Floor. The Exchange believes
                                                  and basis for, the proposed rule change                 that because communications with                          In particular, because of issues
                                                  and discussed any comments it received                  customers is a vital part of a Floor                   experienced by a third-party phone
                                                  on the proposed rule change. The text                   broker’s role as agent and therefore                   carrier, wired phone lines are not
                                                  of those statements may be examined at                  contributes to maintaining a fair and                  functional. The Exchange believes that
                                                  the places specified in Item IV below.                  orderly market, during the period when                 the proposed temporary suspensions
                                                  The Exchange has prepared summaries,                    the phone lines are non-operational,                   from those aspects of Rule 36 that
                                                  set forth in sections A, B, and C below,                Floor brokers who do not have                          restrict Floor broker’s use of personal
                                                  of the most significant parts of such                   Exchange authorized and provided                       portable phones on the Trading Floor
                                                  statements.                                             portable phones should be permitted to                 removes impediments to and perfects
                                                  A. Self-Regulatory Organization’s                       use personal cell phone devices in lieu                the mechanism of a free and open
                                                  Statement of the Purpose of, and the                    of the non-operational wired phone                     market and national market system
                                                  Statutory Basis for, the Proposed Rule                  lines.6                                                because the proposed relief will enable
                                                  Change                                                     The Exchange therefore proposes to                  Floor brokers who do not have an
                                                                                                          temporarily suspend the limitations in                 Exchange authorized and provided
                                                  1. Purpose                                              Rules 36.20 and 36.21 that permit Floor                portable phone to conduct their regular
                                                     The Exchange proposes to temporarily                 brokers to use only Exchange authorized                business, notwithstanding the ongoing
                                                  suspend those aspects of Rules 36.20—                   and provided portable phones so that                   issues with telephone service. The
                                                  Equities (‘‘Rule 36.20’’) and 36.21—                    Floor brokers who do not have an                       Exchange further believes that without
                                                  Equities (‘‘Rule 36.21’’) that would not                Exchange authorized and portable                       the requested relief, Floor brokers
                                                  permit Floor brokers to use personal                    phone may use personal cell phones on                  would be compromised in their ability
                                                  portable phone devices on the Trading                   the Trading Floor. The Exchange                        to conduct their regular course of
                                                  Floor.4 As proposed, all other aspects of               proposes that pursuant to this                         business on the Trading Floor. In
                                                  Rule 36—Equities (‘‘Rule 36’’) remain                   temporary suspension, Floor brokers                    particular, for Floor brokers, because
                                                  applicable and the temporary                            must provide the Exchange with the                     they operate as agents for customers,
                                                  suspensions of the applicable Rule 36                   names of all Floor-based personnel who                 their inability to communicate with
                                                  requirements are in effect on June 24,                  used personal portable phones during                   customers could compromise their
                                                  2016 only.5                                             this temporary suspension period,                      ability to represent public orders on the
                                                     On June 24, 2016, the third-party                    together with the phone number and                     Trading Floor.
                                                  carrier that provides service for the                   applicable carrier for each number.
                                                  wired phone lines for Floor brokers                     Floor broker member organizations must                 B. Self-Regulatory Organization’s
                                                  experienced an issue that affected the                  maintain in their books and records all                Statement on Burden on Competition
                                                  availability of those phone lines. This                 cell phone records that show both
                                                  suspension of service only impacted the                                                                          The Exchange does not believe that
                                                                                                          incoming and outgoing calls that were
                                                  service for telephone service for Floor                                                                        the proposed rule change will impose
                                                                                                          made during the period that a personal
                                                  brokers and did not impact phone                                                                               any burden on competition that is not
                                                                                                          portable phone was used on the Trading
                                                  service for Designated Market Makers.                                                                          necessary or appropriate in furtherance
                                                                                                          Floor. To the extent the records are
                                                  The Exchange is working closely with                                                                           of the purposes of the Act. The
                                                                                                          unavailable from the third-party carrier,
                                                  the third-party carrier to restore such                                                                        Exchange does not believe that the
                                                                                                          the Floor brokers must maintain
                                                  phone service.                                          contemporaneous records of all calls                   proposed rule change will impose any
                                                     Rules 36.20 and 36.21 govern the type                made or received on a personal portable                burden on competition because the
                                                  of telephone communications that are                    phone while on the Trading Floor. As                   proposed change only impacts Floor
                                                  approved for Floor brokers. Pursuant to                 with all member organization records,                  brokers and has no change in operations
                                                  Rule 36.20, Floor brokers may maintain                  such cell phone records must be                        for other market participants or other
                                                  a telephone line on the Trading Floor                   provided to Exchange regulatory staff on               market centers. To the contrary, the
                                                  and use Exchange authorized and                         request.                                               Exchange believes that without the
                                                  provided portable phones while on the                                                                          proposed relief, Floor brokers would be
                                                  Trading Floor. The use of such                          2. Statutory Basis                                     compromised in their ability to conduct
                                                  Exchange authorized and provided                          The Exchange believes that the                       their regular course of business on the
                                                  portable phones is governed by Rule                     proposed rule change is consistent with                Trading Floor, thereby placing a burden
                                                  36.21. Because of the issues with the                   Section 6(b) of the Act,7 in general, and              on the Floor brokers’ ability to compete.
                                                                                                          furthers the objectives of Section 6(b)(5)
mstockstill on DSK3G9T082PROD with NOTICES




                                                    4 Pursuant to Rule 6A—Equities, the Trading                                                                  C. Self-Regulatory Organization’s
                                                                                                          of the Act,8 in particular, in that it is
                                                  Floor is defined as the restricted-access physical                                                             Statement on Comments on the
                                                                                                          designed to prevent fraudulent and
                                                  areas designated by the Exchange for the trading of                                                            Proposed Rule Change Received From
                                                  securities.                                                                                                    Members, Participants, or Others
                                                    5 The Exchange provided Floor brokers with               6 To the extent that the wired phone lines are

                                                  notice of this rule filing, including the applicable    operational, Floor brokers must use those phone
                                                  recordkeeping and other requirements related to         lines rather than use a personal cell phone.             No written comments were solicited
                                                  using personal cell phones during the temporary            7 15 U.S.C. 78f(b).                                 or received with respect to the proposed
                                                  suspension of Rule 36.                                     8 15 U.S.C. 78f(b)(5).                              rule change.


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                                                                                  Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices                                                 42781

                                                  III. Date of Effectiveness of the                         operative upon filing with the                        Washington, DC 20549 on official
                                                  Proposed Rule Change and Timing for                       Commission.14                                         business days between the hours of
                                                  Commission Action                                            At any time within 60 days of the                  10:00 a.m. and 3:00 p.m. Copies of the
                                                     The Exchange has filed the proposed                    filing of such proposed rule change, the              filing also will be available for
                                                  rule change pursuant to Section                           Commission summarily may                              inspection and copying at the principal
                                                  19(b)(3)(A)(iii) of the Act 9 and Rule                    temporarily suspend such rule change if               office of the Exchange. All comments
                                                  19b–4(f)(6) thereunder.10 Because the                     it appears to the Commission that such                received will be posted without change;
                                                  proposed rule change does not: (i)                        action is necessary or appropriate in the             the Commission does not edit personal
                                                  significantly affect the protection of                    public interest, for the protection of                identifying information from
                                                  investors or the public interest; (ii)                    investors, or otherwise in furtherance of             submissions. You should submit only
                                                  impose any significant burden on                          the purposes of the Act. If the                       information that you wish to make
                                                  competition; and (iii) become operative                   Commission takes such action, the                     available publicly. All submissions
                                                  prior to 30 days from the date on which                   Commission shall institute proceedings                should refer to File Number SR–
                                                  it was filed, or such shorter time as the                 under Section 19(b)(2)(B) 15 of the Act to            NYSEMKT–2016–64, and should be
                                                  Commission may designate, if                              determine whether the proposed rule                   submitted on or before July 21, 2016.
                                                  consistent with the protection of                         change should be approved or                             For the Commission, by the Division of
                                                  investors and the public interest, the                    disapproved.                                          Trading and Markets, pursuant to delegated
                                                  proposed rule change has become                           IV. Solicitation of Comments                          authority.16
                                                  effective pursuant to Section 19(b)(3)(A)                                                                       Jill M. Peterson,
                                                                                                              Interested persons are invited to
                                                  of the Act and Rule 19b–4(f)(6)(iii)                                                                            Assistant Secretary.
                                                                                                            submit written data, views, and
                                                  thereunder.11                                             arguments concerning the foregoing,                   [FR Doc. 2016–15500 Filed 6–29–16; 8:45 am]
                                                     A proposed rule change filed under                                                                           BILLING CODE 8011–01–P
                                                                                                            including whether the proposed rule
                                                  Rule 19b–4(f)(6) under the Act 12
                                                                                                            change is consistent with the Act.
                                                  normally does not become operative
                                                                                                            Comments may be submitted by any of
                                                  prior to 30 days after the date of the                                                                          SECURITIES AND EXCHANGE
                                                                                                            the following methods:
                                                  filing. However, pursuant to Rule 19b–                                                                          COMMISSION
                                                  4(f)(6)(iii),13 the Commission may                        Electronic Comments
                                                                                                                                                                  [Release No. 34–78152; File No. SR–
                                                  designate a shorter time if such action                     • Use the Commission’s Internet                     NYSEArca–2016–90]
                                                  is consistent with the protection of                      comment form (http://www.sec.gov/
                                                  investors and the public interest. The                    rules/sro.shtml); or                                  Self-Regulatory Organizations; NYSE
                                                  Exchange has asked the Commission to                        • Send an email to rule-comments@                   Arca, Inc.; Notice of Filing and
                                                  waive the 30-day operative delay so that                  sec.gov. Please include File Number SR–               Immediate Effectiveness of Proposed
                                                  the proposal may become operative                         NYSEMKT–2016–64 on the subject line.                  Rule Change to Temporarily Widen
                                                  immediately upon filing. In support of                                                                          Price Collar Thresholds for the Core
                                                  the request, the Exchange states that                     Paper Comments
                                                                                                                                                                  Open Auction and Trading Halt
                                                  waiver the 30-day operative delay will                       • Send paper comments in triplicate                Auctions
                                                  allow the Exchange to invoke the relief                   to Brent J. Fields, Secretary, Securities
                                                  immediately upon filing, which is                         and Exchange Commission, 100 F Street                 June 24, 2016.
                                                  necessary so that Floor brokers may be                    NE., Washington, DC 20549–1090.                          Pursuant to Section 19(b)(1) 1 of the
                                                  able to communicate with their                            All submissions should refer to File                  Securities Exchange Act of 1934 (the
                                                  customers on a day with significantly                     Number SR–NYSEMKT–2016–64. This                       ‘‘Act’’),2 and Rule 19b–4 thereunder,3
                                                  increased volumes of trading due both                     file number should be included on the                 notice is hereby given that on June 24,
                                                  to the United Kingdom referendum vote                     subject line if email is used. To help the            2016, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                  to leave the European Union and the                       Commission process and review your                    or ‘‘NYSE Arca’’) filed with the
                                                  rebalancing of the Russell Investment                     comments more efficiently, please use                 Securities and Exchange Commission
                                                  Group indices after the close of trading                  only one method. The Commission will                  (the ‘‘Commission’’) the proposed rule
                                                  on June 24, 2016. Based on the above,                     post all comments on the Commission’s                 change as described in Items I and II
                                                  the Commission believes that waiver of                    Internet Web site (http://www.sec.gov/                below, which Items have been prepared
                                                  the 30-day operative delay is consistent                  rules/sro.shtml). Copies of the                       by the self-regulatory organization. The
                                                  with the protection of investors and the                  submission, all subsequent                            Commission is publishing this notice to
                                                  public interest because it will permit                    amendments, all written statements                    solicit comments on the proposed rule
                                                  Floor brokers to remain in                                with respect to the proposed rule                     change from interested persons.
                                                  communication with customers while                        change that are filed with the                        I. Self-Regulatory Organization’s
                                                  wired phone lines are unavailable.                        Commission, and all written                           Statement of the Terms of Substance of
                                                  Accordingly, the Commission                               communications relating to the                        the Proposed Rule Change
                                                  designates the proposed rule change as                    proposed rule change between the
                                                                                                            Commission and any person, other than                    The Exchange proposes to temporarily
                                                    9 15  U.S.C. 78s(b)(3)(A)(iii).                         those that may be withheld from the                   widen price collar thresholds for the
                                                    10 17  CFR 240.19b–4(f)(6).
                                                                                                            public in accordance with the                         Core Open Auction and Trading Halt
                                                     11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                            provisions of 5 U.S.C. 552, will be                   Auctions, which would be operative on
                                                  4(f)(6) requires a self-regulatory organization to give
                                                  the Commission written notice of its intent to file       available for Web site viewing and                    June 24, 2016 only. The proposed rule
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the proposed rule change, along with a brief              printing in the Commission’s Public                   change is available on the Exchange’s
                                                  description and text of the proposed rule change,
                                                                                                            Reference Room, 100 F Street NE.,                     Web site at www.nyse.com, at the
                                                  at least five business days prior to the date of filing                                                         principal office of the Exchange, and at
                                                  of the proposed rule change, or such shorter time
                                                  as designated by the Commission. The Commission             14 For purposes only of waiving the 30-day
                                                                                                                                                                    16 17 CFR 200.30–3(a)(12).
                                                  has determined to waive the five-day prefiling            operative delay, the Commission has considered the
                                                  period in this case.                                                                                              1 15 U.S.C. 78s(b)(1).
                                                                                                            proposed rule’s impact on efficiency, competition,
                                                     12 17 CFR 240.19b–4(f)(6).                             and capital formation. See 15 U.S.C. 78c(f).            2 15 U.S.C. 78a.
                                                     13 17 CFR 240.19b–4(f)(6)(iii).                          15 15 U.S.C. 78s(b)(2)(B).                            3 17 CFR 240.19b–4.




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Document Created: 2018-02-08 07:44:36
Document Modified: 2018-02-08 07:44:36
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 42779 

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