81_FR_53687 81 FR 53531 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 19 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

81 FR 53531 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 19 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 Range53531-53533
FR Document2016-19176

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53531-53533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19176]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78498; File No. SR-NYSE-2016-52]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Rule 19 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, New York Stock Exchange LLC (``NYSE'' or 
the ``Exchange'') 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 amend Rule 19 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.

[[Page 53532]]

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 Rule 19 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\ On February 24, 2015, the Exchange adopted 
Supplementary Material .01 to Rule 19 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. 72710 (July 29, 
2014), 79 FR 45511 (Aug. 5, 2014) (SR-NYSE-2014-38).
    \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. 74410 (March 2, 
2015), 80 FR 12240 (March 6, 2015) (SR-NYSE-2015-09).
---------------------------------------------------------------------------

    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 Supplementary Material 
.01 to Rule 19, 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.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 78101 (June 17, 
2016), 81 FR 41142 (June 23, 2016) (File No. 10-222).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 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).
---------------------------------------------------------------------------

    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

[[Page 53533]]

     Send an email to [email protected]. Please include 
File No. SR-NYSE-2016-52 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-NYSE-2016-52. 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-NYSE-2016-52, 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).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19176 Filed 8-11-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                         53531

                                                  CP level. ICC represents that the                       prompt and accurate clearance and                     SECURITIES AND EXCHANGE
                                                  proposed changes will return the                        settlement of securities transactions,                COMMISSION
                                                  process to its original design and limit                and to the extent applicable, derivative
                                                  the total overnight risk that a given                   agreements, contracts and transactions,               [Release No. 34–78498; File No. SR–NYSE–
                                                  institution may be required to manage                   to assure the safeguarding of securities              2016–52]
                                                  in the case of submission errors or                     and funds which are in the custody or
                                                  outlying pricing submissions which                      control of the clearing agency or for                 Self-Regulatory Organizations; New
                                                  may lead to Firm Trades.                                which it is responsible and, in general,              York Stock Exchange LLC; Notice of
                                                     A ‘‘CP affiliate group’’ will be defined             to protect investors and the public                   Filing and Immediate Effectiveness of
                                                  as the set of all affiliated CPs (i.e. any              interest. Section 17A(b)(3)(F) 8 of the               Proposed Rule Change To Amend Rule
                                                  CPs that own, are owned by, or are                      Act also requires that the rules of a                 19 To Specify in Exchange Rules the
                                                  under common ownership with another                     clearing agency are not designed to                   Exchange’s Use of Data Feeds From
                                                  CP). According to ICC, as the sequence                  permit unfair discrimination among                    Investors’ Exchange, LLC for Order
                                                  of crosses is considered, the executed                  participants in the use of the clearing               Handling and Execution, Order
                                                  single name Firm Trade notional value                   agency.                                               Routing, and Regulatory Compliance
                                                  will be tracked for all CPs in a CP                        The proposed application of the Firm
                                                  affiliate group. ICC states that no                     Trade notional limit to CP affiliate                  August 8, 2016.
                                                  additional single name Firm Trades will                 groups is intended to manage what is,                    Pursuant to Section 19(b)(1) 1 of the
                                                  be executed against any CP in a CP                      in ICC’s view, an inappropriate                       Securities Exchange Act of 1934 (the
                                                  affiliate group once the CP affiliate                   overnight risk to its members without                 ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  group notional limit for single name                    negatively impacting the integrity of its             notice is hereby given that on July 26,
                                                  Firm Trades is reached. ICC asserts                     price discovery process. Moreover, the                2016, New York Stock Exchange LLC
                                                  there are no changes to the Firm Trade                  proposed rule change is intended to                   (‘‘NYSE’’ or the ‘‘Exchange’’) filed with
                                                  algorithm as a result of these changes.                 apply the EOD Policy fairly to                        the Securities and Exchange
                                                  ICC further asserts that setting single                 participants, and ICC has represented                 Commission (the ‘‘Commission’’) the
                                                  name Firm Trade notional limits on an                   that the proposed rule change is                      proposed rule change as described in
                                                  affiliate group basis is consistent with                consistent with price submission                      Items I, and II below, which Items have
                                                  price submission practices where end-                   practices where end-of-day submissions                been prepared by the self-regulatory
                                                  of-day submissions from multiple                        from multiple affiliated entities often               organization. The Commission is
                                                  affiliated entities often reflect the                   reflect the institution’s overall view on             publishing this notice to solicit
                                                  institution’s overall view on the market.               the market. As such, the Commission                   comments on the proposed rule change
                                                     ICC states that the proposal returns                 believes that the proposed rule change                from interested persons.
                                                  single name Firm Trade notional limits                  is designed to promote the prompt and
                                                  to the original design while maintaining                accurate clearance and settlement of                  I. Self-Regulatory Organization’s
                                                  the system’s price submission                           securities transactions, derivatives                  Statement of the Terms of Substance of
                                                  incentives. ICC represents that all CPs                 agreements, contracts, and transactions               the Proposed Rule Change
                                                  within an affiliate group will still be                 within the meaning of Section
                                                  subject to potential Firm Trades for any                17A(b)(3)(F) 9 of the Act.                               The Exchange proposes to amend
                                                  given submission, on a randomized                                                                             Rule 19 to specify in Exchange rules the
                                                                                                          IV. Conclusion                                        Exchange’s use of data feeds from
                                                  basis. ICC also asserts that though Firm
                                                  Trade notional limits will be                             On the basis of the foregoing, the                  Investors’ Exchange, LLC for order
                                                  implemented at the CP affiliate group                   Commission finds that the proposal is                 handling and execution, order routing,
                                                  level, the potential implication for a                  consistent with the requirements of the               and regulatory compliance. The
                                                  given trading desk of providing an off-                 Act and in particular with the                        proposed rule change is available on the
                                                  market submission for a given                           requirements of Section 17A of the                    Exchange’s Web site at www.nyse.com,
                                                  instrument remains the same. ICC                        Act 10 and the rules and regulations                  at the principal office of the Exchange,
                                                  believes there will be no change in price               thereunder.11                                         and at the Commission’s Public
                                                  submission behavior as a result of the                    IT IS THEREFORE ORDERED,                            Reference Room.
                                                  changes, and the Firm Trade process                     pursuant to Section 19(b)(2) of the                   II. Self-Regulatory Organization’s
                                                  will remain an effective tool for                       Act,12 that the proposed rule change                  Statement of the Purpose of, and
                                                  ensuring quality price submissions.                     (File No. SR–ICC–2016–007) be, and
                                                                                                                                                                Statutory Basis for, the Proposed Rule
                                                                                                          hereby is, approved.13
                                                  III. Discussion and Commission                                                                                Change
                                                                                                            For the Commission, by the Division of
                                                  Findings                                                Trading and Markets, pursuant to delegated              In its filing with the Commission, the
                                                     Section 19(b)(2)(C) of the Act 6 directs             authority.14                                          self-regulatory organization included
                                                  the Commission to approve a proposed                    Robert W. Errett,                                     statements concerning the purpose of,
                                                  rule change of a self-regulatory                        Deputy Secretary.                                     and basis for, the proposed rule change
                                                  organization if the Commission finds                    [FR Doc. 2016–19170 Filed 8–11–16; 8:45 am]           and discussed any comments it received
                                                  that the proposed rule change is                        BILLING CODE 8011–01–P                                on the proposed rule change. The text
                                                  consistent with the requirements of the                                                                       of those statements may be examined at
                                                  Act and the rules and regulations                         8 Id.                                               the places specified in Item IV below.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  thereunder applicable to such self-                       9 Id.                                               The Exchange has prepared summaries,
                                                  regulatory organization. Section                          10 15  U.S.C. 78q-1.                                set forth in sections A, B, and C below,
                                                  17A(b)(3)(F) of the Act 7 requires, among                 11 17  CFR 240.17Ad-22.                             of the most significant parts of such
                                                                                                             12 15 U.S.C. 78s(b)(2).
                                                  other things, that the rules of a clearing                                                                    statements.
                                                                                                             13 In approving the proposed rule change, the
                                                  agency be designed to promote the                       Commission considered the proposal’s impact on
                                                                                                                                                                  1 15 U.S.C. 78s(b)(1).
                                                                                                          efficiency, competition and capital formation. 15
                                                    6 15 U.S.C. 78s(b)(2)(C).                             U.S.C. 78c(f).                                          2 15 U.S.C. 78a.
                                                    7 15 U.S.C. 78q–1(b)(3)(F).                              14 17 CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4.




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                                                  53532                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  A. Self-Regulatory Organization’s                       in general, and furthers the objectives of               A proposed rule change filed
                                                  Statement of the Purpose of, and the                    Section 6(b)(5),9 in particular, because it           pursuant to Rule 19b–4(f)(6) under the
                                                  Statutory Basis for, the Proposed Rule                  is designed to prevent fraudulent and                 Act 13 normally does not become
                                                  Change                                                  manipulative acts and practices, to                   operative for 30 days after the date of its
                                                                                                          promote just and equitable principles of              filing. However, Rule 19b–4(f)(6)(iii) 14
                                                  1. Purpose                                              trade, to foster cooperation and                      permits the Commission to designate a
                                                    The Exchange proposes to amend                        coordination with persons engaged in                  shorter time if such action is consistent
                                                  Rule 19 to specify in Exchange rules                    facilitating transactions in securities, to           with the protection of investors and the
                                                  which data feeds from Investors’                        remove impediments to, and perfect the                public interest. The Exchange has asked
                                                  Exchange, LLC (‘‘IEX’’) that the                        mechanism of, a free and open market                  the Commission to waive the 30-day
                                                  Exchange would use for order handling                   and a national market system and, in                  operative delay so that the proposal may
                                                  and execution, order routing, and                       general, to protect investors and the                 become operative immediately upon
                                                  regulatory compliance.                                  public interest. The Exchange believes                filing. The Exchange states that waiver
                                                    On July 18, 2014, the Exchange filed                  that the proposed rule change removes                 of the 30-day operative delay would
                                                  a proposed rule change that clarified the               impediments to and perfects the                       permit the Exchange to immediately
                                                  Exchange’s use of certain data feeds for                mechanism of a free and open market                   enhance transparency and to
                                                  order handling and execution, order                     because it provides enhanced                          accommodate the projected date that
                                                  routing, and regulatory compliance.4 As                 transparency to better assess the quality             IEX will begin operating as a national
                                                  noted in that filing, the data feeds                    of an exchange’s execution and routing                securities exchange. Based on the
                                                  available for the purposes of order                     services.                                             foregoing, the Commission believes the
                                                  handling and execution, order routing,                                                                        waiver of the operative delay is
                                                                                                          B. Self-Regulatory Organization’s
                                                  and regulatory compliance at the                                                                              consistent with the protection of
                                                                                                          Statement on Burden on Competition
                                                  Exchange include the exclusive                                                                                investors and the public interest.
                                                  securities information processor (‘‘SIP’’)                The Exchange does not believe that                  Therefore, the Commission hereby
                                                  data feeds.5 On February 24, 2015, the                  the proposed rule change will impose                  waives the operative delay and
                                                  Exchange adopted Supplementary                          any burden on competition that is not                 designates the proposal operative upon
                                                  Material .01 to Rule 19 to specify which                necessary or appropriate in furtherance               filing.15
                                                  data feeds that the Exchange uses for the               of the purposes of the Act. The
                                                                                                          proposed change is not designed to                       At any time within 60 days of the
                                                  handling, execution, and routing of                                                                           filing of the proposed rule change, the
                                                  orders, as well as for regulatory                       address any competitive issue but rather
                                                                                                          would provide the public and investors                Commission summarily may
                                                  compliance.6                                                                                                  temporarily suspend such rule change if
                                                    To reflect that IEX’s application to                  with information about which data
                                                                                                          feeds the Exchange uses for execution                 it appears to the Commission that such
                                                  register as a national securities exchange                                                                    action is necessary or appropriate in the
                                                  has been approved by the Commission 7                   and routing decisions.
                                                                                                                                                                public interest, for the protection of
                                                  and that IEX intends to begin quoting                   C. Self-Regulatory Organization’s                     investors, or otherwise in furtherance of
                                                  and trading as a registered exchange on                 Statement on Comments on the                          the purposes of the Act. If the
                                                  August 19, 2016, the Exchange proposes                  Proposed Rule Change Received From                    Commission takes such action, the
                                                  to amend Supplementary Material .01 to                  Members, Participants, or Others                      Commission shall institute proceedings
                                                  Rule 19, to specify which data feeds the                                                                      to determine whether the proposed rule
                                                                                                            No written comments were solicited
                                                  Exchange would use for IEX. As                                                                                change should be approved or
                                                                                                          or received with respect to the proposed
                                                  proposed, the Exchange would use the                                                                          disapproved.
                                                                                                          rule change.
                                                  SIP Data Feed for IEX and would not
                                                  have a secondary source.                                III. Date of Effectiveness of the Proposed            IV. Solicitation of Comments
                                                                                                          Rule Change and Timing for
                                                  2. Statutory Basis                                      Commission Action                                       Interested persons are invited to
                                                    The proposed rule change is                                                                                 submit written data, views, and
                                                                                                             The Exchange has filed the proposed                arguments concerning the foregoing,
                                                  consistent with Section 6(b) of the Act,8               rule change pursuant to Section                       including whether the proposed rule
                                                     4 See Securities Exchange Act Release No. 72710
                                                                                                          19(b)(3)(A)(iii) of the Act 10 and Rule               change is consistent with the Act.
                                                  (July 29, 2014), 79 FR 45511 (Aug. 5, 2014) (SR–
                                                                                                          19b–4(f)(6) thereunder.11 Because the                 Comments may be submitted by any of
                                                  NYSE–2014–38).                                          proposed rule change does not: (i)                    the following methods:
                                                     5 The SIP feeds are disseminated pursuant to         Significantly affect the protection of
                                                  effective joint-industry plans as required by Rule      investors or the public interest; (ii)                Electronic Comments
                                                  603(b) of Regulation NMS. 17 CFR 242.603(b). The        impose any significant burden on
                                                  three joint-industry plans are: (1) The CTA Plan,                                                               • Use the Commission’s Internet
                                                  which is operated by the Consolidated Tape              competition; and (iii) become operative               comment form (http://www.sec.gov/
                                                  Association and disseminates transaction                prior to 30 days from the date on which
                                                                                                                                                                rules/sro.shtml); or
                                                  information for securities with the primary listing     it was filed, or such shorter time as the
                                                  market on exchanges other than NASDAQ Stock             Commission may designate, if
                                                  Market LLC (‘‘Nasdaq’’); (2) The CQ Plan, which                                                               written notice of its intent to file the proposed rule
                                                  disseminates consolidated quotation information
                                                                                                          consistent with the protection of                     change, along with a brief description and the text
                                                  for securities with their primary listing on            investors and the public interest, the                of the proposed rule change, at least five business
                                                  exchanges other than Nasdaq; and (3) the Nasdaq         proposed rule change has become                       days prior to the date of filing of the proposed rule
                                                  UTP Plan, which disseminates consolidated               effective pursuant to Section 19(b)(3)(A)             change, or such shorter time as designated by the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  transaction and quotation information for securities                                                          Commission. The Exchange has satisfied this
                                                  with their primary listing on Nasdaq.
                                                                                                          of the Act and Rule 19b–4(f)(6)(iii)                  requirement.
                                                     6 See Securities Exchange Act Release No. 74410      thereunder.12                                            13 17 CFR 240.19b–4(f)(6).

                                                  (March 2, 2015), 80 FR 12240 (March 6, 2015) (SR–                                                                14 17 CFR 240.19b–4(f)(6)(iii).
                                                  NYSE–2015–09).                                            9 15 U.S.C. 78f(b)(5).                                 15 For purposes only of waiving the 30-day
                                                     7 See Securities Exchange Act Release No. 78101        10 15 U.S.C. 78s(b)(3)(A)(iii).                     operative delay, the Commission has also
                                                  (June 17, 2016), 81 FR 41142 (June 23, 2016) (File        11 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                considered the proposed rule’s impact on
                                                  No. 10–222).                                              12 In addition, Rule 19b–4(f)(6) requires a self-   efficiency, competition, and capital formation. See
                                                     8 15 U.S.C. 78f(b).                                  regulatory organization to give the Commission        15 U.S.C. 78c(f).



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                                                                                   Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                                53533

                                                    • Send an email to rule-comments@                         100 F Street NE., Washington, DC                    under the PRA unless it displays a
                                                  sec.gov. Please include File No. SR–                        20549–2736.                                         currently valid OMB control number.
                                                  NYSE–2016–52 on the subject line.                         Extension:                                              The public may view background
                                                                                                              Rule 31 and Form R31, SEC File No. 270–             documentation for this information
                                                  Paper Comments
                                                                                                                537, OMB Control No. 3235–0597.                   collection at the following Web site:
                                                     • Send paper comments in triplicate                                                                          www.reginfo.gov. Comments should be
                                                  to Secretary, Securities and Exchange                        Notice is hereby given that, pursuant              directed to: (i) Desk Officer for the
                                                  Commission, 100 F Street NE.,                             to the Paperwork Reduction Act of 1995                Securities and Exchange Commission,
                                                  Washington, DC 20549–1090.                                (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the               Office of Information and Regulatory
                                                                                                            Securities and Exchange Commission                    Affairs, Office of Management and
                                                  All submissions should refer to File No.                  (‘‘Commission’’) has submitted to the
                                                  SR–NYSE–2016–52. This file number                                                                               Budget, Room 10102, New Executive
                                                                                                            Office of Management and Budget                       Office Building, Washington, DC 20503,
                                                  should be included on the subject line                    (‘‘OMB’’) a request for extension of the
                                                  if email is used. To help the                                                                                   or by sending an email to: Shagufta_
                                                                                                            previously approved collection of                     Ahmed@omb.eop.gov; and (ii) Pamela
                                                  Commission process and review your                        information provided for in Rule 31 (17
                                                  comments more efficiently, please use                                                                           Dyson, Director/Chief Information
                                                                                                            CFR 240.31) and Form R31 (17 CFR                      Officer, Securities and Exchange
                                                  only one method. The Commission will                      249.11) under the Securities Exchange
                                                  post all comments on the Commission’s                                                                           Commission, c/o Remi Pavlik-Simon,
                                                                                                            Act of 1934 (15 U.S.C. 78ee.)                         100 F Street NE., Washington, DC
                                                  Internet Web site (http://www.sec.gov/                    (‘‘Exchange Act’’).
                                                  rules/sro.shtml). Copies of the                                                                                 20549, or by sending an email to: PRA_
                                                  submission, all subsequent                                   Section 31 of the Exchange Act                     Mailbox@sec.gov. Comments must be
                                                  amendments, all written statements                        requires the Commission to collect fees               submitted to OMB within 30 days of
                                                  with respect to the proposed rule                         and assessments from national                         this notice.
                                                  change that are filed with the                            securities exchanges and national                       Dated: August 9, 2016.
                                                  Commission, and all written                               securities associations (collectively,
                                                                                                                                                                  Robert W. Errett,
                                                  communications relating to the                            ‘‘self-regulatory organizations’’ or
                                                                                                            ‘‘SROs’’) based on the volume of their                Deputy Secretary.
                                                  proposed rule change between the                                                                                [FR Doc. 2016–19208 Filed 8–11–16; 8:45 am]
                                                  Commission and any person, other than                     securities transactions. To collect the
                                                  those that may be withheld from the                       proper amounts, the Commission                        BILLING CODE 8011–01–P

                                                  public in accordance with the                             adopted Rule 31 and Form R31 under
                                                  provisions of 5 U.S.C. 552, will be                       the Exchange Act whereby the SROs
                                                                                                            must report to the Commission the                     SMALL BUSINESS ADMINISTRATION
                                                  available for Web site viewing and
                                                  printing in the Commission’s Public                       volume of their securities transactions               [Disaster Declaration #14744 and #14745]
                                                  Reference Room, 100 F Street NE.,                         and the Commission, based on those
                                                  Washington, DC 20549, on official                         data, calculates the amount of fees and               Texas Disaster Number TX–00472
                                                  business days between the hours of                        assessments that the SROs owe pursuant
                                                                                                            to Section 31. Rule 31 and Form R31                   AGENCY: U.S. Small Business
                                                  10:00 a.m. and 3:00 p.m. Copies of the                                                                          Administration.
                                                  filing also will be available for                         require the SROs to provide this data on
                                                  inspection and copying at the principal                   a monthly basis.                                      ACTION: Amendment 4.
                                                  office of the Exchange. All comments                         Currently, there are 23 respondents
                                                                                                            under Rule 31: 19 national securities                 SUMMARY:   This is an amendment of the
                                                  received will be posted without change;                                                                         Presidential declaration of a major
                                                  the Commission does not edit personal                     exchanges, one security futures
                                                                                                            exchange, and one national securities                 disaster for the State of Texas (FEMA–
                                                  identifying information from                                                                                    4272–DR), dated 06/11/2016.
                                                  submissions. You should submit only                       association subject to the collection of
                                                                                                            information requirements of Rule 31;                    Incident: Severe Storms and Flooding.
                                                  information that you wish to make                                                                                 Incident Period: 05/22/2016 through
                                                  available publicly. All submissions                       there are additionally two registered
                                                                                                            clearing agencies that are required to                06/24/2016.
                                                  should refer to File No. SR–NYSE–                                                                                 Effective Date: 08/01/2016.
                                                  2016–52, and should be submitted on or                    provide certain data in their possession
                                                                                                            needed by the SROs to complete Form                     Physical Loan Application Deadline
                                                  before September 2, 2016.                                                                                       Date: 08/10/2016.
                                                                                                            R31, although these two entities are not
                                                    For the Commission, by the Division of
                                                                                                            themselves required to complete and                     EIDL Loan Application Deadline Date:
                                                  Trading and Markets, pursuant to delegated                                                                      03/11/2017.
                                                  authority.16                                              submit Form R31. The Commission
                                                                                                            estimates that the total burden for all 23            ADDRESSES: Submit completed loan
                                                  Robert W. Errett,                                                                                               applications to: U.S. Small Business
                                                                                                            respondents is 390 hours per year. The
                                                  Deputy Secretary.                                                                                               Administration, Processing and
                                                                                                            Commission notes that, based on
                                                  [FR Doc. 2016–19176 Filed 8–11–16; 8:45 am]               previous and current experience, it                   Disbursement Center, 14925 Kingsport
                                                  BILLING CODE 8011–01–P                                    estimates an additional three new                     Road, Fort Worth, TX 76155.
                                                                                                            national securities exchanges will                    FOR FURTHER INFORMATION CONTACT: A.
                                                                                                            become registered and subject to the                  Escobar, Office of Disaster Assistance,
                                                  SECURITIES AND EXCHANGE                                   reporting requirements of Rule 31 over                U.S. Small Business Administration,
                                                  COMMISSION                                                the course of the authorization period                409 3rd Street SW., Suite 6050,
                                                                                                            and incur a burden of 18 hours per year.              Washington, DC 20416.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Submission for OMB Review;
                                                  Comment Request                                           Thus, the Commission estimates the                    SUPPLEMENTARY INFORMATION: The notice
                                                                                                            total burden for the existing and                     of the President’s major disaster
                                                  Upon Written Request, Copies Available                    expected new respondents to be 408                    declaration for the State of Texas, dated
                                                   From: Securities and Exchange                            hours per year.                                       06/11/2016 is hereby amended to re-
                                                   Commission, Office of FOIA Services,                        An agency may not conduct or                       establish the incident period for this
                                                                                                            sponsor, and a person is not required to              disaster as beginning 05/22/2016 and
                                                    16 17   CFR 200.30–3(a)(12).                            respond to, a collection of information               continuing through 06/24/2016.


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Document Created: 2018-02-09 11:33:11
Document Modified: 2018-02-09 11:33:11
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 53531 

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