81_FR_51388 81 FR 51239 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Clarify the Operation of the Regulation NMS Plan To Address Extraordinary Market Volatility

81 FR 51239 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Clarify the Operation of the Regulation NMS Plan To Address Extraordinary Market Volatility

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 149 (August 3, 2016)

Page Range51239-51241
FR Document2016-18317

Federal Register, Volume 81 Issue 149 (Wednesday, August 3, 2016)
[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51239-51241]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18317]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78435; File No. SR-FINRA-2016-028]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Clarify the Operation of the Regulation NMS 
Plan To Address Extraordinary Market Volatility

July 28, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on July 22, 2016, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission (``SEC'' 
or ``Commission'') the proposed rule change as described in Items I, 
II, and III below, which Items have been prepared by FINRA. FINRA has 
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under 
the Act,\3\ which renders the proposal effective upon receipt of this 
filing by the Commission. 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\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing to clarify the operation of the Regulation NMS 
Plan to Address Extraordinary Volatility (``Plan'') following a Trading 
Pause or Regulatory Halt in a security subject to the Plan.\4\
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    \4\ Unless otherwise specified, the capitalized terms used 
herein have the same meanings as set forth in the Plan.
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    The text of the proposed rule change is available on FINRA's Web 
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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 these statements may be examined at the places specified in 
Item IV below. FINRA has prepared summaries, set forth in sections A, 
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    FINRA Rule 6121.01 (Trading Pauses) (``Rule'') sets forth 
requirements applicable to member firms in connection with Trading 
Pauses.\5\ The Rule addresses the Plan's provisions regarding Trading 
Pause, including that no trades in an NMS Stock are permitted to occur 
during a Trading Pause, and sets forth the circumstances under which 
trading in an NMS Stock can resume after a Trading Pause. Currently, 
the Rule also provides that FINRA may permit the resumption of trading 
otherwise than on an exchange if trading has commenced on at least one 
other national securities exchange. In addition, FINRA Rule 6190 
(Compliance with Regulation NMS Plan to Address Extraordinary Market 
Volatility) provides, among other things, that a member that is a 
Trading Center in an NMS Stock must establish, maintain and enforce 
written policies and procedures reasonably designed to comply with the 
requirements of the Plan, including to prevent the execution of trades 
at prices below the Lower Price Band or above the Upper Price Band for 
an NMS Stock. The pilot period for the Plan was recently extended 
through April 21, 2017.\6\
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    \5\ 17 CFR 242.608.
    \6\ See Securities Exchange Act Release No. 77679 (April 21, 
2016), 81 FR 24908 (April 27, 2016).
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    FINRA and other self-regulatory organizations (SROs) are taking 
measures to clarify the operation of the Plan that results from the 
short period of time (generally up to three milliseconds) following the 
resumption of trading after a Trading Pause or Regulatory Halt and 
before the Price Bands are received from the Processor for securities 
that are subject to the

[[Page 51240]]

Plan.\7\ Specifically, FINRA is proposing an amendment to Rule 6121.01 
to provide that, following a Trading Pause or Regulatory Halt in an NMS 
Stock that is subject to the Plan, a member may resume trading 
otherwise than on an exchange if trading has commenced on the primary 
listing exchange (or on another national securities exchange in the 
case of the resumption of trading following a ten-minute trading pause) 
and either: (1) The member has received the Price Bands from the 
Processor; or (2) if immediately following a Trading Pause or 
Regulatory Halt the member has not yet received the Price Bands from 
the Processor, the member has calculated an upper price band and lower 
price band consistent with the methodology provided for in Section V of 
the Plan and ensures that any transactions prior to the receipt of the 
Price Bands from the Processor are within the ranges provided for 
pursuant to the Plan, consistent with Section VI(A)(1) of the Plan.
---------------------------------------------------------------------------

    \7\ See NASDAQ Equity Trader Alert #2016-79 (NASDAQ Announces 
Improved Protections for Equity Markets Coming Out of Halts (``Leaky 
Bands'')) (April 12, 2016); See Bats Release Notes (Bats Announces 
Updates to Halt Resumption Behavior Effective July 15, 2016) (June 
2, 2016). FINRA anticipates that other SROs will adopt similar 
measures to calculate an interim band for their listed securities to 
be applied in the brief time between the resumption of trading and 
when the Price Bands are subsequently received from the Processor.
---------------------------------------------------------------------------

    The proposed rule change also clarifies what activity is permitted 
around the resumption of trading following a Trading Pause. Previously, 
the Rule provided that FINRA may permit the resumption of trading 
following a Trading Pause if trading has resumed on any national 
securities exchange. FINRA is revising the Rule to provide that members 
may resume trading following a Trading Pause if trading has resumed on 
the Primary Listing Exchange or, where the Primary Listing Exchange 
does not reopen for trading at the end of a ten-minute Trading Pause 
(and has issued notice that it cannot resume trading for a reason other 
than a significant imbalance), a member may resume trading otherwise 
than on an exchange if trading has commenced in such NMS Stock on at 
least one other national securities exchange.\8\
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    \8\ Deleted language from paragraph (b) is no longer applicable 
because it addressed a transitional period in Plan implementation 
prior to the Plan becoming effective as to all NMS Stocks. The Plan 
applied to all NMS Stocks on December 8, 2013. Rights and warrants 
are excluded from the Plan. See Securities Exchange Act Release No. 
70273 (August 27, 2013), 78 FR 54321 (September 3, 2013) (File No. 
4-631).
---------------------------------------------------------------------------

    Thus, the proposed amendment addresses the brief time between the 
resumption of trading following a Trading Pause or Regulatory Halt and 
when the Price Bands are received from the Processor by requiring 
members to take measures to ensure bands are in place (either by 
waiting for the receipt of the Price Bands from the Processor or 
calculating an interim upper price band and lower price band and 
ensuring that trades occur within those bands). Members may not rely on 
interim bands beyond the short period of time (generally up to three 
milliseconds) between the resumption of trading and the receipt of 
Price Bands by market participants.
    FINRA has filed the proposed rule change for immediate 
effectiveness. The operative date of the proposed rule change will be 
August 22, 2016.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\9\ which requires, among 
other things, that FINRA rules must be designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest. The proposed rule change also is designed to support 
the principles of Section 11A(a)(1) of the Act \10\ in that it seeks to 
assure fair competition among brokers and dealers and among exchange 
markets.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78o-3(b)(6).
    \10\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    The proposed rule change is designed to better implement the goals 
of the Plan, which has been approved by the Commission as reasonably 
designed to prevent potentially harmful price volatility, including 
severe volatility of the kind that occurred on May 6, 2010. In 
clarifying the operation of the Plan, the proposed rule change seeks to 
help ensure that the goals of the Plan are met. Accordingly, FINRA 
believes that the proposed rule change will further the goals of 
investor protection and fair and orderly markets.

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

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change seeks 
to require members to take measures to ensure that their trading 
activity is in compliance with FINRA Rule 6190 and the Plan, and does 
not impose requirements that do not currently exist under FINRA rules, 
FINRA guidance and the Plan.
    Specifically, a member that is a Trading Center in an NMS Stock 
already is required to establish, maintain and enforce written policies 
and procedures that are reasonably designed to comply with the 
requirements of the Plan, including to prevent the execution of trades 
at prices that are outside of the Price Bands. To comply with this 
requirement, members must be aware of the upper and lower price bands 
applicable to their trading activity. This proposal provides that, 
immediately following a halt of a security subject to the Plan, a 
member may not resume trading until trading has resumed on the primary 
listing exchange (or on another national securities exchange in the 
case of the resumption of trading following a ten-minute pause) and 
either the member has received the Price Bands from the processor or 
has established interim bands calculated in compliance with the Plan.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days 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 \11\ and Rule 19b-
4(f)(6) thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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 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.

[[Page 51241]]

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-FINRA-2016-028 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-FINRA-2016-028. 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 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal office of FINRA. 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-FINRA-2016-028 and should be 
submitted on or before August 24, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-18317 Filed 8-2-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices                                                  51239

                                                    Act to permit persons that are Affiliated                 For the Commission, by the Division of              II. Self-Regulatory Organization’s
                                                    Persons, or Second Tier Affiliates, of the              Investment Management, under delegated                Statement of the Purpose of, and
                                                    Funds, solely by virtue of certain                      authority.                                            Statutory Basis for, the Proposed Rule
                                                    ownership interests, to effectuate                      Robert W. Errett,                                     Change
                                                    purchases and redemptions in-kind. The                  Deputy Secretary.
                                                                                                                                                                    In its filing with the Commission,
                                                    deposit procedures for in-kind                          [FR Doc. 2016–18321 Filed 8–2–16; 8:45 am]
                                                                                                                                                                  FINRA included statements concerning
                                                    purchases of Creation Units and the                     BILLING CODE 8011–01–P                                the purpose of and basis for the
                                                    redemption procedures for in-kind
                                                                                                                                                                  proposed rule change and discussed any
                                                    redemptions of Creation Units will be
                                                                                                                                                                  comments it received on the proposed
                                                    the same for all purchases and                          SECURITIES AND EXCHANGE                               rule change. The text of these statements
                                                    redemptions and Deposit Instruments                     COMMISSION                                            may be examined at the places specified
                                                    and Redemption Instruments will be                                                                            in Item IV below. FINRA has prepared
                                                    valued in the same manner as those                      [Release No. 34–78435; File No. SR–FINRA–             summaries, set forth in sections A, B,
                                                    investment positions currently held by                  2016–028]                                             and C below, of the most significant
                                                    the Funds. Applicants also seek relief                                                                        aspects of such statements.
                                                    from the prohibitions on affiliated                     Self-Regulatory Organizations;
                                                    transactions in section 17(a) to permit a               Financial Industry Regulatory                         A. Self-Regulatory Organization’s
                                                    Fund to sell its shares to and redeem its               Authority, Inc.; Notice of Filing and                 Statement of the Purpose of, and
                                                    shares from a Fund of Funds, and to                     Immediate Effectiveness of a Proposed                 Statutory Basis for, the Proposed Rule
                                                    engage in the accompanying in-kind                      Rule Change To Clarify the Operation                  Change
                                                    transactions with the Fund of Funds.3                   of the Regulation NMS Plan To                         1. Purpose
                                                    The purchase of Creation Units by a                     Address Extraordinary Market
                                                    Fund of Funds directly from a Fund will                 Volatility                                               FINRA Rule 6121.01 (Trading Pauses)
                                                    be accomplished in accordance with the                                                                        (‘‘Rule’’) sets forth requirements
                                                                                                            July 28, 2016.
                                                    policies of the Fund of Funds and will                                                                        applicable to member firms in
                                                    be based on the NAVs of the Funds.                         Pursuant to Section 19(b)(1) of the                connection with Trading Pauses.5 The
                                                                                                            Securities Exchange Act of 1934                       Rule addresses the Plan’s provisions
                                                       9. Section 6(c) of the Act permits the
                                                                                                            (‘‘Act’’) 1 and Rule 19b–4 thereunder,2               regarding Trading Pause, including that
                                                    Commission to exempt any persons or
                                                                                                            notice is hereby given that on July 22,               no trades in an NMS Stock are
                                                    transactions from any provision of the                  2016, Financial Industry Regulatory                   permitted to occur during a Trading
                                                    Act if such exemption is necessary or                   Authority, Inc. (‘‘FINRA’’) filed with the            Pause, and sets forth the circumstances
                                                    appropriate in the public interest and                  Securities and Exchange Commission                    under which trading in an NMS Stock
                                                    consistent with the protection of                       (‘‘SEC’’ or ‘‘Commission’’) the proposed              can resume after a Trading Pause.
                                                    investors and the purposes fairly                       rule change as described in Items I, II,              Currently, the Rule also provides that
                                                    intended by the policy and provisions of                and III below, which Items have been                  FINRA may permit the resumption of
                                                    the Act. Section 12(d)(1)(J) of the Act                 prepared by FINRA. FINRA has                          trading otherwise than on an exchange
                                                    provides that the Commission may                        designated the proposed rule change as                if trading has commenced on at least
                                                    exempt any person, security, or                         constituting a ‘‘non-controversial’’ rule             one other national securities exchange.
                                                    transaction, or any class or classes of                 change under paragraph (f)(6) of Rule                 In addition, FINRA Rule 6190
                                                    persons, securities, or transactions, from              19b–4 under the Act,3 which renders                   (Compliance with Regulation NMS Plan
                                                    any provision of section 12(d)(1) if the                the proposal effective upon receipt of                to Address Extraordinary Market
                                                    exemption is consistent with the public                 this filing by the Commission. The                    Volatility) provides, among other things,
                                                    interest and the protection of investors.               Commission is publishing this notice to               that a member that is a Trading Center
                                                    Section 17(b) of the Act authorizes the                 solicit comments on the proposed rule                 in an NMS Stock must establish,
                                                    Commission to grant an order                            change from interested persons.                       maintain and enforce written policies
                                                    permitting a transaction otherwise                                                                            and procedures reasonably designed to
                                                    prohibited by section 17(a) if it finds                 I. Self-Regulatory Organization’s                     comply with the requirements of the
                                                                                                            Statement of the Terms of Substance of                Plan, including to prevent the execution
                                                    that (a) the terms of the proposed
                                                                                                            the Proposed Rule Change                              of trades at prices below the Lower Price
                                                    transaction are fair and reasonable and
                                                    do not involve overreaching on the part                    FINRA is proposing to clarify the                  Band or above the Upper Price Band for
                                                    of any person concerned; (b) the                        operation of the Regulation NMS Plan to               an NMS Stock. The pilot period for the
                                                    proposed transaction is consistent with                 Address Extraordinary Volatility                      Plan was recently extended through
                                                    the policies of each registered                         (‘‘Plan’’) following a Trading Pause or               April 21, 2017.6
                                                    investment company involved; and (c)                    Regulatory Halt in a security subject to                 FINRA and other self-regulatory
                                                    the proposed transaction is consistent                  the Plan.4                                            organizations (SROs) are taking
                                                    with the general purposes of the Act.                      The text of the proposed rule change               measures to clarify the operation of the
                                                                                                            is available on FINRA’s Web site at                   Plan that results from the short period
                                                       3 The requested relief would apply to direct sales
                                                                                                            http://www.finra.org, at the principal                of time (generally up to three
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    of shares in Creation Units by a Fund to a Fund of
                                                                                                            office of FINRA and at the                            milliseconds) following the resumption
                                                    Funds and redemptions of those shares. Applicants,
                                                                                                            Commission’s Public Reference Room.                   of trading after a Trading Pause or
                                                    moreover, are not seeking relief from section 17(a)                                                           Regulatory Halt and before the Price
                                                    for, and the requested relief will not apply to,
                                                                                                                                                                  Bands are received from the Processor
                                                    transactions where a Fund could be deemed an              1 15 U.S.C. 78s(b)(1).
                                                    Affiliated Person, or a Second-Tier Affiliate, of a       2 17 CFR 240.19b–4.
                                                                                                                                                                  for securities that are subject to the
                                                    Fund of Funds because an Adviser or an entity             3 17 CFR 240.19b–4(f)(6).

                                                    controlling, controlled by or under common control        4 Unless otherwise specified, the capitalized         5 17 CFR 242.608.
                                                    with an Adviser provides investment advisory            terms used herein have the same meanings as set         6 See Securities Exchange Act Release No. 77679
                                                    services to that Fund of Funds.                         forth in the Plan.                                    (April 21, 2016), 81 FR 24908 (April 27, 2016).



                                               VerDate Sep<11>2014   18:21 Aug 02, 2016   Jkt 238001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\03AUN1.SGM    03AUN1


                                                    51240                        Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices

                                                    Plan.7 Specifically, FINRA is proposing                   resumption of trading following a                          Specifically, a member that is a
                                                    an amendment to Rule 6121.01 to                           Trading Pause or Regulatory Halt and                    Trading Center in an NMS Stock already
                                                    provide that, following a Trading Pause                   when the Price Bands are received from                  is required to establish, maintain and
                                                    or Regulatory Halt in an NMS Stock that                   the Processor by requiring members to                   enforce written policies and procedures
                                                    is subject to the Plan, a member may                      take measures to ensure bands are in                    that are reasonably designed to comply
                                                    resume trading otherwise than on an                       place (either by waiting for the receipt                with the requirements of the Plan,
                                                    exchange if trading has commenced on                      of the Price Bands from the Processor or                including to prevent the execution of
                                                    the primary listing exchange (or on                       calculating an interim upper price band                 trades at prices that are outside of the
                                                    another national securities exchange in                   and lower price band and ensuring that                  Price Bands. To comply with this
                                                    the case of the resumption of trading                     trades occur within those bands).                       requirement, members must be aware of
                                                    following a ten-minute trading pause)                     Members may not rely on interim bands                   the upper and lower price bands
                                                    and either: (1) The member has received                   beyond the short period of time                         applicable to their trading activity. This
                                                    the Price Bands from the Processor; or                    (generally up to three milliseconds)                    proposal provides that, immediately
                                                    (2) if immediately following a Trading                    between the resumption of trading and                   following a halt of a security subject to
                                                    Pause or Regulatory Halt the member                       the receipt of Price Bands by market                    the Plan, a member may not resume
                                                    has not yet received the Price Bands                      participants.                                           trading until trading has resumed on the
                                                    from the Processor, the member has                           FINRA has filed the proposed rule                    primary listing exchange (or on another
                                                    calculated an upper price band and                        change for immediate effectiveness. The                 national securities exchange in the case
                                                    lower price band consistent with the                      operative date of the proposed rule                     of the resumption of trading following a
                                                    methodology provided for in Section V                     change will be August 22, 2016.                         ten-minute pause) and either the
                                                    of the Plan and ensures that any                                                                                  member has received the Price Bands
                                                                                                              2. Statutory Basis
                                                    transactions prior to the receipt of the                                                                          from the processor or has established
                                                    Price Bands from the Processor are                           FINRA believes that the proposed rule                interim bands calculated in compliance
                                                    within the ranges provided for pursuant                   change is consistent with the provisions                with the Plan.
                                                    to the Plan, consistent with Section                      of Section 15A(b)(6) of the Act,9 which
                                                    VI(A)(1) of the Plan.                                     requires, among other things, that                      C. Self-Regulatory Organization’s
                                                       The proposed rule change also                          FINRA rules must be designed to                         Statement on Comments on the
                                                    clarifies what activity is permitted                      prevent fraudulent and manipulative                     Proposed Rule Change Received From
                                                    around the resumption of trading                          acts and practices, to promote just and                 Members, Participants, or Others
                                                    following a Trading Pause. Previously,                    equitable principles of trade, and, in                    Written comments were neither
                                                    the Rule provided that FINRA may                          general, to protect investors and the                   solicited nor received.
                                                    permit the resumption of trading                          public interest. The proposed rule
                                                    following a Trading Pause if trading has                  change also is designed to support the                  III. Date of Effectiveness of the
                                                    resumed on any national securities                        principles of Section 11A(a)(1) of the                  Proposed Rule Change and Timing for
                                                    exchange. FINRA is revising the Rule to                   Act 10 in that it seeks to assure fair                  Commission Action
                                                    provide that members may resume                           competition among brokers and dealers                      Because the foregoing proposed rule
                                                    trading following a Trading Pause if                      and among exchange markets.                             change does not: (i) Significantly affect
                                                    trading has resumed on the Primary                           The proposed rule change is designed                 the protection of investors or the public
                                                    Listing Exchange or, where the Primary                    to better implement the goals of the                    interest; (ii) impose any significant
                                                    Listing Exchange does not reopen for                      Plan, which has been approved by the                    burden on competition; and (iii) become
                                                    trading at the end of a ten-minute                        Commission as reasonably designed to                    operative for 30 days from the date on
                                                    Trading Pause (and has issued notice                      prevent potentially harmful price                       which it was filed, or such shorter time
                                                    that it cannot resume trading for a                       volatility, including severe volatility of              as the Commission may designate, it has
                                                    reason other than a significant                           the kind that occurred on May 6, 2010.                  become effective pursuant to Section
                                                    imbalance), a member may resume                           In clarifying the operation of the Plan,                19(b)(3)(A) of the Act 11 and Rule 19b–
                                                    trading otherwise than on an exchange                     the proposed rule change seeks to help                  4(f)(6) thereunder.12
                                                    if trading has commenced in such NMS                      ensure that the goals of the Plan are met.                 At any time within 60 days of the
                                                    Stock on at least one other national                      Accordingly, FINRA believes that the                    filing of the proposed rule change, the
                                                    securities exchange.8                                     proposed rule change will further the                   Commission summarily may
                                                       Thus, the proposed amendment                           goals of investor protection and fair and               temporarily suspend such rule change if
                                                    addresses the brief time between the                      orderly markets.                                        it appears to the Commission that such
                                                                                                                                                                      action is necessary or appropriate in the
                                                      7 See NASDAQ Equity Trader Alert #2016–79               B. Self-Regulatory Organization’s
                                                                                                                                                                      public interest, for the protection of
                                                    (NASDAQ Announces Improved Protections for                Statement on Burden on Competition
                                                    Equity Markets Coming Out of Halts (‘‘Leaky                                                                       investors, or otherwise in furtherance of
                                                    Bands’’)) (April 12, 2016); See Bats Release Notes          FINRA does not believe that the                       the purposes of the Act. If the
                                                    (Bats Announces Updates to Halt Resumption                proposed rule change will result in any                 Commission takes such action, the
                                                    Behavior Effective July 15, 2016) (June 2, 2016).         burden on competition that is not                       Commission shall institute proceedings
                                                    FINRA anticipates that other SROs will adopt              necessary or appropriate in furtherance
                                                    similar measures to calculate an interim band for                                                                 to determine whether the proposed rule
                                                    their listed securities to be applied in the brief time   of the purposes of the Act. The                         should be approved or disapproved.
                                                    between the resumption of trading and when the            proposed rule change seeks to require
                                                                                                                                                                      IV. Solicitation of Comments
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Price Bands are subsequently received from the            members to take measures to ensure that
                                                    Processor.
                                                      8 Deleted language from paragraph (b) is no longer
                                                                                                              their trading activity is in compliance                   Interested persons are invited to
                                                    applicable because it addressed a transitional            with FINRA Rule 6190 and the Plan,                      submit written data, views and
                                                    period in Plan implementation prior to the Plan           and does not impose requirements that                   arguments concerning the foregoing,
                                                    becoming effective as to all NMS Stocks. The Plan         do not currently exist under FINRA                      including whether the proposed rule
                                                    applied to all NMS Stocks on December 8, 2013.            rules, FINRA guidance and the Plan.                     change is consistent with the Act.
                                                    Rights and warrants are excluded from the Plan. See
                                                    Securities Exchange Act Release No. 70273 (August
                                                                                                               9 15   U.S.C. 78o–3(b)(6).                               11 15   U.S.C. 78s(b)(3)(A).
                                                    27, 2013), 78 FR 54321 (September 3, 2013) (File
                                                    No. 4–631).                                                10 15   U.S.C. 78k–1(a)(1).                              12 17   CFR 240.19b–4(f)(6).



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                                                                                 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices                                                     51241

                                                    Comments may be submitted by any of                       SECURITIES AND EXCHANGE                               A. Self-Regulatory Organization’s
                                                    the following methods:                                    COMMISSION                                            Statement of the Purpose of, and the
                                                                                                                                                                    Statutory Basis for, the Proposed Rule
                                                    Electronic Comments                                                                                             Change
                                                                                                              [Release No. 34–78433; File No. SR–
                                                      • Use the Commission’s Internet                         NYSEArca–2016–100]                                    1. Purpose
                                                    comment form (http://www.sec.gov/
                                                                                                              Self-Regulatory Organizations; NYSE                      The Exchange proposes to list and
                                                    rules/sro.shtml); or
                                                                                                              Arca, Inc.; Notice of Filing of Proposed              trade shares (‘‘Shares’’) of the Direxion
                                                      • Send an email to rule-comments@                                                                             Daily Municipal Bond Taxable Bear 1X
                                                                                                              Rule Change Relating to the Listing
                                                    sec.gov. Please include File Number SR–                                                                         Fund (‘‘Fund’’) under NYSE Arca
                                                                                                              and Trading of Shares of the Direxion
                                                    FINRA–2016–028 on the subject line.                                                                             Equities Rule 5.2(j)(3), Commentary .02,
                                                                                                              Daily Municipal Bond Taxable Bear 1X
                                                                                                                                                                    which governs the listing and trading of
                                                    Paper Comments                                            Fund Under NYSE Arca Equities Rule
                                                                                                                                                                    Investment Company Units (‘‘Units’’)
                                                                                                              5.2(j)(3)
                                                      • Send paper comments in triplicate                                                                           based on fixed income securities
                                                    to Brent J. Fields, Secretary, Securities                 July 28, 2016.                                        indexes.4 The Fund is a series of the
                                                    and Exchange Commission, 100 F Street                        Pursuant to Section 19(b)(1) 1 of the                 4 The Commission previously has approved
                                                    NE., Washington, DC 20549–1090.                           Securities Exchange Act of 1934 (the                  proposed rule changes relating to listing and trading
                                                    All submissions should refer to File                      ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                on the Exchange of Units based on municipal bond
                                                                                                              notice is hereby given that, on July 13,              indexes. See Securities Exchange Act Release Nos.
                                                    Number SR–FINRA–2016–028. This file                                                                             67985 (October 4, 2012), 77 FR 61804 (October 11,
                                                    number should be included on the                          2016, NYSE Arca, Inc. (the ‘‘Exchange’’               2012) (SR–NYSEArca–2012–92) (order approving
                                                    subject line if email is used. To help the                or ‘‘NYSE Arca’’) filed with the                      proposed rule change relating to the listing and
                                                    Commission process and review your                        Securities and Exchange Commission                    trading of iShares 2018 S&P AMT-Free Municipal
                                                                                                                                                                    Series and iShares 2019 S&P AMT-Free Municipal
                                                    comments more efficiently, please use                     (the ‘‘Commission’’) the proposed rule                Series under NYSE Arca Equities Rule 5.2(j)(3),
                                                    only one method. The Commission will                      change as described in Items I, II, and               Commentary .02); 67729 (August 24, 2012), 77 FR
                                                    post all comments on the Commission’s                     III below, which Items have been                      52776 (August 30, 2012) (SR–NYSEArca–2012–92)
                                                                                                                                                                    (notice of proposed rule change relating to the
                                                    Internet Web site (http://www.sec.gov/                    prepared by the self-regulatory                       listing and trading of iShares 2018 S&P AMT-Free
                                                    rules/sro.shtml). Copies of the                           organization. The Commission is                       Municipal Series and iShares 2019 S&P AMT-Free
                                                    submission, all subsequent                                publishing this notice to solicit                     Municipal Series under NYSE Arca Equities Rule
                                                                                                              comments on the proposed rule change                  5.2(j)(3), Commentary .02); 71232 (January 3, 2014),
                                                    amendments, all written statements                                                                              79 FR 1662 (January 9, 2014) (SR–NYSEArca–2013–
                                                    with respect to the proposed rule                         from interested persons.                              118) (order approving listing and trading of shares
                                                    change that are filed with the                            I. Self-Regulatory Organization’s
                                                                                                                                                                    of the Market Vectors Short High-Yield Municipal
                                                    Commission, and all written                                                                                     Index ETF under NYSE Arca Equities Rule 5.2(j)(3),
                                                                                                              Statement of the Terms of Substance of                Commentary .02); 72523, (July 2, 2014), 79 FR
                                                    communications relating to the                            the Proposed Rule Change                              39016 (July 9, 2014) (SR–NYSEArca–2014–37)
                                                    proposed rule change between the                                                                                (order approving proposed rule change relating to
                                                    Commission and any person, other than                        The Exchange proposes to list and                  the listing and trading of iShares 2020 S&P AMT-
                                                                                                                                                                    Free Municipal Series under NYSE Arca Equities
                                                    those that may be withheld from the                       trade under NYSE Arca Equities Rule                   Rule 5.2(j)(3), Commentary .02); 72172 (May 15,
                                                    public in accordance with the                             5.2(j)(3), Commentary .02, the shares of              2014), 79 FR 29241 (May 21, 2014) (SR–NYSEArca–
                                                    provisions of 5 U.S.C. 552, will be                       the Direxion Daily Municipal Bond                     2014–37) (notice of proposed rule change relating
                                                                                                                                                                    to the listing and trading of iShares 2020 S&P AMT-
                                                    available for Web site viewing and                        Taxable Bear 1X Fund. The proposed                    Free Municipal Series under NYSE Arca Equities
                                                    printing in the Commission’s Public                       rule change is available on the                       Rule 5.2(j)(3), Commentary .02); 75376 (July 7,
                                                    Reference Room, 100 F Street NE.,                         Exchange’s Web site at www.nyse.com,                  2015), 80 FR 40113 (July 13, 2015) (SR–NYSEArca–
                                                    Washington, DC 20549, on official                                                                               2015–18) (order approving proposed rule change
                                                                                                              at the principal office of the Exchange,              relating to the listing and trading of Vanguard Tax-
                                                    business days between the hours of 10                     and at the Commission’s Public                        Exempt Bond Index Fund under NYSE Arca
                                                    a.m. and 3 p.m. Copies of such filing                     Reference Room.                                       Equities Rule 5.2(j)(3), Commentary .02); 75468
                                                    also will be available for inspection and                                                                       (July 16, 2015), 80 FR 43500 (July 22, 2015) (SR–
                                                    copying at the principal office of                        II. Self-Regulatory Organization’s                    NYSEArca–2015–25) (order approving proposed
                                                                                                              Statement of the Purpose of, and                      rule change relating to the listing and trading of
                                                    FINRA. All comments received will be                                                                            iShares iBonds 2021 and 2022 AMT-Free Muni
                                                    posted without change; the Commission                     Statutory Basis for, the Proposed Rule                Bond ETF under NYSE Arca Equities Rule 5.2(j)(3)).
                                                    does not edit personal identifying                        Change                                                The Commission also has issued a notice of filing
                                                                                                                                                                    and immediate effectiveness of a proposed rule
                                                    information from submissions. You                           In its filing with the Commission, the              change relating to listing and trading on the
                                                    should submit only information that                       self-regulatory organization included                 Exchange of shares of the iShares Taxable
                                                    you wish to make available publicly. All                                                                        Municipal Bond Fund. See Securities Exchange Act
                                                                                                              statements concerning the purpose of,                 Release No. 63176 (October 25, 2010), 75 FR 66815
                                                    submissions should refer to File                          and basis for, the proposed rule change               (October 29, 2010) (SR–NYSEArca–2010–94). The
                                                    Number SR–FINRA–2016–028 and                              and discussed any comments it received                Commission has approved for Exchange listing and
                                                    should be submitted on or before                          on the proposed rule change. The text
                                                                                                                                                                    trading of shares of two actively managed funds of
                                                    August 24, 2016.                                                                                                the PIMCO ETF Trust that principally hold
                                                                                                              of those statements may be examined at                municipal bonds. See Securities Exchange Act
                                                      For the Commission, by the Division of                  the places specified in Item IV below.                Release No. 60981 (November 10, 2009), 74 FR
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Trading and Markets, pursuant to delegated                                                                      59594 (November 18, 2009) (SR–NYSEArca–2009–
                                                                                                              The Exchange has prepared summaries,                  79) (order approving listing and trading of shares
                                                    authority.13                                              set forth in sections A, B, and C below,              of the PIMCO Short-Term Municipal Bond Strategy
                                                    Robert W. Errett,                                         of the most significant parts of such                 Fund and PIMCO Intermediate Municipal Bond
                                                                                                                                                                    Strategy Fund). The Commission also has approved
                                                    Deputy Secretary.                                         statements.                                           listing and trading on the Exchange of shares of the
                                                    [FR Doc. 2016–18317 Filed 8–2–16; 8:45 am]                                                                      SPDR® Nuveen S&P High Yield Municipal Bond
                                                    BILLING CODE 8011–01–P                                      1 15
                                                                                                                                                                    Fund under Commentary .02 of NYSE Arca Equities
                                                                                                                     U.S.C.78s(b)(1).
                                                                                                                                                                    Rule 5.2(j)(3). See Securities Exchange Act Release
                                                                                                                2 15 U.S.C. 78a.                                    No.63881 (February 9, 2011), 76 FR 9065 (February
                                                      13 17   CFR 200.30–3(a)(12).                              3 17 CFR 240.19b–4.                                 16, 2011) (SR–NYSEArca–2010–120).



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Document Created: 2016-08-02 23:44:14
Document Modified: 2016-08-02 23:44:14
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 51239 

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