81 FR 53518 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Specify in Exchange Rules the Exchange's Use of Data Feeds From Investors' Exchange, LLC for Order Handling and Execution, Order Routing, and Regulatory Compliance

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range		53518-53519
FR Document		2016-19177
Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53518-53519]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19177]



[[Page 53518]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78499; File No. SR-NYSEArca-2016-106]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Specify in 
Exchange Rules the Exchange's Use of Data Feeds From Investors' 
Exchange, LLC for Order Handling and Execution, Order Routing, and 
Regulatory Compliance

August 8, 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 July 26, 2016, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, and 
II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to specify in Exchange rules the Exchange's 
use of data feeds from Investors' Exchange, LLC for order handling and 
execution, order routing, and regulatory compliance. The proposed rule 
change is available on the Exchange's Web site at www.nyse.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Arca Equities Rule 7.37 (``Rule 
7.37'') and NYSE Arca Equities Rule 7.37P (``Rule 7.37P'') to specify 
in Exchange rules which data feeds from Investors' Exchange, LLC 
(``IEX'') that the Exchange would use for order handling and execution, 
order routing, and regulatory compliance.
    On July 18, 2014, the Exchange filed a proposed rule change that 
clarified the Exchange's use of certain data feeds for order handling 
and execution, order routing, and regulatory compliance.\4\ As noted in 
that filing, the data feeds available for the purposes of order 
handling and execution, order routing, and regulatory compliance at the 
Exchange include the exclusive securities information processor 
(``SIP'') data feeds \5\ or proprietary data feeds from individual 
market centers (``Direct Feed''). On February 24, 2015, the Exchange 
adopted Commentary .01 to Rule 7.37 to specify which data feeds that 
the Exchange uses for the handling, execution, and routing of orders, 
as well as for regulatory compliance.\6\
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    \4\ See Securities Exchange Act Release No. 72708 (July 29, 
2014), 79 FR 45572 (Aug. 5, 2014) (SR-NYSEArca-2014-82).
    \5\ The SIP feeds are disseminated pursuant to effective joint-
industry plans as required by Rule 603(b) of Regulation NMS. 17 CFR 
242.603(b). The three joint-industry plans are: (1) The CTA Plan, 
which is operated by the Consolidated Tape Association and 
disseminates transaction information for securities with the primary 
listing market on exchanges other than NASDAQ Stock Market LLC 
(``Nasdaq''); (2) the CQ Plan, which disseminates consolidated 
quotation information for securities with their primary listing on 
exchanges other than Nasdaq; and (3) the Nasdaq UTP Plan, which 
disseminates consolidated transaction and quotation information for 
securities with their primary listing on Nasdaq.
    \6\ See Securities Exchange Act Release No. 74409 (March 2, 
2015), 80 FR 12221 (March 6, 2015) (SR-NYSEArca-2015-11). Rule 
7.37P, which is based on Rule 7.37, specifies order execution, 
including use of data feeds, on the Exchange's Pillar trading 
platform. See Securities Exchange Release No. 75494 (July 20, 2015), 
80 FR 44170 (July 24, 2015) (SR-NYSEArca-2015-38).
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    To reflect that IEX's application to register as a national 
securities exchange has been approved by the Commission \7\ and that 
IEX intends to begin quoting and trading as a registered exchange on 
August 19, 2016, the Exchange proposes to amend Commentary .01 to Rule 
7.37 and Rule 7.37P(d) to specify which data feeds the Exchange would 
use for IEX. As proposed, the Exchange would use the SIP Data Feed for 
IEX and would not have a secondary source.
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    \7\ See Securities Exchange Act Release No. 78101 (June 17, 
2016), 81 FR 41142 (June 23, 2016) (File No. 10-222).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act,\8\ in general, and furthers the objectives of Section 6(b)(5),\9\ 
in particular, because it is designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, to remove 
impediments to, and perfect the mechanism of, a free and open market 
and a national market system and, in general, to protect investors and 
the public interest. The Exchange believes that the proposed rule 
change removes impediments to and perfects the mechanism of a free and 
open market because it provides enhanced transparency to better assess 
the quality of an exchange's execution and routing services.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue but rather would provide the 
public and investors with information about which data feeds the 
Exchange uses for execution and routing decisions.

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\ 
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

[[Page 53519]]

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.\12\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 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 
the text of the proposed rule change, at least five business days 
prior to the date of filing of the proposed rule change, or such 
shorter time as designated by the Commission. The Exchange has 
satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \13\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
states that waiver of the 30-day operative delay would permit the 
Exchange to immediately enhance transparency and to accommodate the 
projected date that IEX will begin operating as a national securities 
exchange. Based on the foregoing, the Commission believes the waiver of 
the operative delay is consistent with the protection of investors and 
the public interest. Therefore, the Commission hereby waives the 
operative delay and designates the proposal operative upon filing.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-NYSEArca-2016-106 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File No. SR-NYSEArca-2016-106. 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 No. SR-NYSEArca-2016-106, and should 
be submitted on or before September 2, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19177 Filed 8-11-16; 8:45 am]
 BILLING CODE 8011-01-P
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices 53519

consistent with the protection of Comments may be submitted by any of SECURITIES AND EXCHANGE
investors and the public interest, the the following methods: COMMISSION
proposed rule change has become
effective pursuant to Section 19(b)(3)(A) Electronic Comments
[Release No. 34–78503; File No. SR–CHX–
of the Act and Rule 19b–4(f)(6)(iii) • Use the Commission’s Internet 2016–13]
thereunder.12 comment form (http://www.sec.gov/
A proposed rule change filed rules/sro.shtml); or Self-Regulatory Organizations;
pursuant to Rule 19b–4(f)(6) under the Chicago Stock Exchange, Inc.; Notice
Act 13 normally does not become • Send an email to rule-comments@
sec.gov. Please include File No. SR– of Filing and Immediate Effectiveness
operative for 30 days after the date of its of Proposed Rule Change To Update or
filing. However, Rule 19b–4(f)(6)(iii) 14 NYSEArca–2016–106 on the subject
line. Adopt Various Fees for Services
permits the Commission to designate a Provided by the Financial Industry
shorter time if such action is consistent Paper Comments Regulatory Authority
with the protection of investors and the
public interest. The Exchange has asked • Send paper comments in triplicate August 8, 2016
the Commission to waive the 30-day to Secretary, Securities and Exchange
operative delay so that the proposal may Pursuant to Section 19(b)(1) of the
Commission, 100 F Street NE.,
become operative immediately upon Securities Exchange Act of 1934
Washington, DC 20549–1090.
filing. The Exchange states that waiver (‘‘Act’’),1 and Rule 19b–4 2 thereunder,
of the 30-day operative delay would All submissions should refer to File No. notice is hereby given that on August 4,
permit the Exchange to immediately SR–NYSEArca–2016–106. This file 2016, the Chicago Stock Exchange, Inc.
enhance transparency and to number should be included on the (‘‘CHX’’ or the ‘‘Exchange’’) filed with
accommodate the projected date that subject line if email is used. To help the the Securities and Exchange
IEX will begin operating as a national Commission process and review your Commission (‘‘Commission’’) the
securities exchange. Based on the comments more efficiently, please use proposed rule change as described in
foregoing, the Commission believes the only one method. The Commission will Items I, II and III below, which Items
waiver of the operative delay is post all comments on the Commission’s have been prepared by the Exchange.
consistent with the protection of Internet Web site (http://www.sec.gov/ The Commission is publishing this
investors and the public interest. rules/sro.shtml). Copies of the notice to solicit comments on the
Therefore, the Commission hereby submission, all subsequent proposed rule change from interested
waives the operative delay and amendments, all written statements persons.
designates the proposal operative upon with respect to the proposed rule
filing.15 change that are filed with the I. Self-Regulatory Organization’s
At any time within 60 days of the Commission, and all written Statement of the Terms of Substance of
filing of the proposed rule change, the communications relating to the the Proposed Rule Change
Commission summarily may proposed rule change between the
Commission and any person, other than CHX proposes to amend its Schedule
temporarily suspend such rule change if
it appears to the Commission that such those that may be withheld from the of Fees and Assessments (the ‘‘Fee
action is necessary or appropriate in the public in accordance with the Schedule’’) to update or adopt various
public interest, for the protection of provisions of 5 U.S.C. 552, will be fees for services provided by the
investors, or otherwise in furtherance of available for Web site viewing and Financial Industry Regulatory Authority
the purposes of the Act. If the printing in the Commission’s Public (‘‘FINRA’’). The text of this proposed
Commission takes such action, the Reference Room, 100 F Street NE., rule change is available on the
Commission shall institute proceedings Washington, DC 20549, on official Exchange’s Web site at (www.chx.com)
to determine whether the proposed rule business days between the hours of and in the Commission’s Public
change should be approved or 10:00 a.m. and 3:00 p.m. Copies of the Reference Room.
disapproved. filing also will be available for
II. Self-Regulatory Organization’s
inspection and copying at the principal
IV. Solicitation of Comments Statement of the Purpose of, and
office of the Exchange. All comments
Interested persons are invited to Statutory Basis for, the Proposed Rule
received will be posted without change;
submit written data, views, and the Commission does not edit personal Change
arguments concerning the foregoing, identifying information from In its filing with the Commission, the
including whether the proposed rule submissions. You should submit only CHX included statements concerning
change is consistent with the Act. information that you wish to make the purpose of and basis for the
available publicly. All submissions proposed rule changes and discussed
12 In addition, Rule 19b–4(f)(6) requires a self-
should refer to File No. SR–NYSEArca– any comments it received on the
regulatory organization to give the Commission
written notice of its intent to file the proposed rule
2016–106, and should be submitted on proposed rule change. The text of these
change, along with a brief description and the text or before September 2, 2016. statements may be examined at the
of the proposed rule change, at least five business
days prior to the date of filing of the proposed rule
For the Commission, by the Division of places specified in Item IV below. The
change, or such shorter time as designated by the Trading and Markets, pursuant to delegated CHX has prepared summaries, set forth
mstockstill on DSK3G9T082PROD with NOTICES

Commission. The Exchange has satisfied this authority.16 in sections A, B and C below, of the
requirement. Robert W. Errett,
13 17 CFR 240.19b–4(f)(6).
most significant aspects of such
14 17 CFR 240.19b–4(f)(6)(iii). Deputy Secretary. statements.
15 For purposes only of waiving the 30-day [FR Doc. 2016–19177 Filed 8–11–16; 8:45 am]
operative delay, the Commission has also BILLING CODE 8011–01–P
considered the proposed rule’s impact on
1 15 U.S.C. 78s(b)(1).
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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Document Created: 2018-02-09 11:33:28
Document Modified: 2018-02-09 11:33:28
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 53518