81_FR_60277 81 FR 60108 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 900.2NY(18A)

81 FR 60108 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 900.2NY(18A)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 169 (August 31, 2016)

Page Range60108-60109
FR Document2016-20886

Federal Register, Volume 81 Issue 169 (Wednesday, August 31, 2016)
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60108-60109]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20886]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78685; File No. SR-NYSEMKT-2016-77]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Amending Rule 
900.2NY(18A)

August 25, 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 August 12, 2016, NYSE MKT LLC (the ``Exchange'' or 
``NYSE MKT'') 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 900.2NY(18A). 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the filing is to amend Rule 900.2NY(18A), regarding 
the definition of a ``Professional Customer,'' to align the Exchange's 
definition with that of competing options exchanges, as discussed 
below.
    The Exchange adopted the definition of a Professional Customer in 
2010, after several other options exchanges added this definition.\4\ 
In doing so, the Exchange provided that a Professional Customer would 
``be treated in the same manner as a Broker/Dealer (or non-Customer) in 
securities for the purposes'' of various Exchange rules ``and the 
Exchange's schedule of fees.'' \5\ Recently, the Exchange amended its 
Professional Customer definition to align with rules of other 
markets.\6\ However, as part of the harmonization effort for a uniform 
definition of Professional Customer, the Exchange has determined that 
other options exchanges do not similarly include reference to their fee 
schedules in the definition of Professional Customer.\7\ Thus, to 
conform with the rules of other options exchanges, the Exchange 
proposes to modify Rule 900.2NY(18A) to delete the reference to the 
Exchange's fee schedule. This change would allow the Exchange, like its 
competitors, to attract Professional Customer order flow with fees that 
differentiate Professional Customers from Broker/Dealers.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 61818 (March 31, 
2010), 75 FR 17457 (April 6, 2010) (SR-NYSEAmex-2010-18). See also 
id., at note 14 (citing the approval orders of other options 
exchanges).
    \5\ See Rule 900.2NY(18A).
    \6\ See Securities Exchange Act Release No. 77836 (May 16, 
2016), 81 FR 31994 (May 20, 2016) (SR-NYSEMKT-2016-53).
    \7\ See, e.g., NYSE Arca Rule 6.1A.(4A) (no reference to fee 
schedule in definition of Professional Customer); Nasdaq OMX PHLX 
(``PHLX'') Rule 1000 (b)(14) (same); Nasdaq Options Market (``NOM'') 
Chapter 1, Sec. 1(a)(48) (same); Bats BZX Exchange, Inc.'s (``BZX'') 
Rule 16.1(a)(46) (same); BOX Options Exchange LLC (``BOX'') Rule 100 
(a)(50) (same); International Securities Exchange (``ISE'') Rule 
100(a)(37A) (same); MIAX Options Exchange (``MIAX'') Rule 100 
(same).
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    The Exchange also proposes to make a non-substantive change to 
clarify the list of rules to which the Professional Customer definition 
applies, which would add clarity and transparency to Exchange rules.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \8\ of the 
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers 
the objectives of Section 6(b)(5),\9\ in particular, in that it is 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in facilitating transactions in 
securities, and to remove impediments to and perfect the mechanisms of 
a free and open market and a national market system.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The proposed change would foster cooperation and coordination with 
persons engaged in facilitating transactions in securities as it would 
align Exchange rules with that of its competitors, which benefits 
investors and the public interest. By removing reference to the 
Exchange's fee schedule from the definition of Professional Customer, 
the Exchange would, like its competitors, have the ability to attract 
Professional Customer order flow with fees that differentiate 
Professional Customers from Broker/Dealers. The proposed rule change 
would therefore remove impediments to and perfect the mechanism of a 
free and open market and a national market system by enabling the 
Exchange to structure its fees for Professional Customers competitively 
with the fees of other options exchanges.
    Further, the proposed changes are not unfairly discriminatory as 
the modified definition would apply to all similarly-situated ATP 
Holders that submit orders on behalf of Professional Customers.
    Finally, the non-substantive change to the Professional Customer 
definition would remove impediments to and perfect the mechanisms of a 
free and open market and a national market system, as it would add 
clarity and transparency to Exchange rules.

[[Page 60109]]

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes that 
the proposed changes are pro-competitive as the changes align Exchange 
rules with that of competing markets and would allow the Exchange to 
better compete for Professional Customer order flow. The Exchange does 
not believe that the proposed rule change would impose any burden on 
intramarket competition because, to the extent the Exchange chooses to 
adopt fees specific to Professional Customers, such fees would be equal 
to or less than those charged to broker/dealers and would not be more 
favorable than fees charged to public customers.

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

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

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

    Because the proposed rule change does not: (i) Significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become 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 \10\ and Rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the Exchange 
would be able to propose fees changes related to Professional Customers 
on September 1, 2016.
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because the proposal does not raise any new or novel issues. The 
Exchange's proposal removes the current provision that requires the 
Exchange to treat Professional Customers and Broker-Dealers in the 
``same manner'' with respect to fees, which will allow the Exchange to 
separately propose, if it so chooses, to set its fees competitively in 
order to attract Professional Customer order flow, provided that such 
competitive fees are consistent with the requirements of the Act and 
the rules and regulations thereunder. The Commission notes that the 
Exchange has representated that, to the extent it chooses to adopt fees 
specific to Professional Customers, such fees would be equal to or less 
than those charged to broker-dealers and would not be more favorable 
than fees charged to public customers. Because this proposal does not 
raise any new or novel issues with respect to the treatment of 
Professional Customers, the Commission hereby waives the operative 
delay and designates the proposed rule change operative upon 
filing.\14\
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    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEMKT-2016-77 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 Number SR-NYSEMKT-2016-77. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEMKT-2016-77 and should 
be submitted on or before September 21, 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. 2016-20886 Filed 8-30-16; 8:45 am]
BILLING CODE 8011-01-P



                                                  60108                      Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices

                                                  should submit only information that                     statements concerning the purpose of,                  attract Professional Customer order flow
                                                  you wish to make available publicly.                    and basis for, the proposed rule change                with fees that differentiate Professional
                                                    All submissions should refer to File                  and discussed any comments it received                 Customers from Broker/Dealers.
                                                  Number SR–OCC–2016–009 and should                       on the proposed rule change. The text                     The Exchange also proposes to make
                                                  be submitted on or before September 21,                 of those statements may be examined at                 a non-substantive change to clarify the
                                                  2016.                                                   the places specified in Item IV below.                 list of rules to which the Professional
                                                    For the Commission, by the Division of                The Exchange has prepared summaries,                   Customer definition applies, which
                                                  Trading and Markets, pursuant to delegated              set forth in sections A, B, and C below,               would add clarity and transparency to
                                                  authority.31                                            of the most significant parts of such                  Exchange rules.
                                                  Robert W. Errett,                                       statements.
                                                  Deputy Secretary.                                                                                              2. Statutory Basis
                                                                                                          A. Self-Regulatory Organization’s
                                                  [FR Doc. 2016–20882 Filed 8–30–16; 8:45 am]             Statement of the Purpose of, and                          The proposed rule change is
                                                  BILLING CODE 8011–01–P                                  Statutory Basis for, the Proposed Rule                 consistent with Section 6(b) 8 of the
                                                                                                          Change                                                 Securities Exchange Act of 1934 (the
                                                                                                          1. Purpose                                             ‘‘Act’’), in general, and furthers the
                                                  SECURITIES AND EXCHANGE                                                                                        objectives of Section 6(b)(5),9 in
                                                  COMMISSION                                                 The purpose of the filing is to amend               particular, in that it is designed to
                                                  [Release No. 34–78685; File No. SR–
                                                                                                          Rule 900.2NY(18A), regarding the                       prevent fraudulent and manipulative
                                                  NYSEMKT–2016–77]                                        definition of a ‘‘Professional Customer,’’             acts and practices, to promote just and
                                                                                                          to align the Exchange’s definition with                equitable principles of trade, to foster
                                                  Self-Regulatory Organizations; NYSE                     that of competing options exchanges, as                cooperation and coordination with
                                                  MKT LLC; Notice of Filing and                           discussed below.                                       persons engaged in facilitating
                                                  Immediate Effectiveness of Proposed                        The Exchange adopted the definition
                                                                                                                                                                 transactions in securities, and to remove
                                                  Rule Change Amending Rule                               of a Professional Customer in 2010, after
                                                                                                                                                                 impediments to and perfect the
                                                  900.2NY(18A)                                            several other options exchanges added
                                                                                                                                                                 mechanisms of a free and open market
                                                                                                          this definition.4 In doing so, the
                                                  August 25, 2016.                                                                                               and a national market system.
                                                                                                          Exchange provided that a Professional
                                                     Pursuant to Section 19(b)(1) 1 of the                Customer would ‘‘be treated in the same                   The proposed change would foster
                                                  Securities Exchange Act of 1934 (the                    manner as a Broker/Dealer (or non-                     cooperation and coordination with
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  Customer) in securities for the                        persons engaged in facilitating
                                                  notice is hereby given that, on August                  purposes’’ of various Exchange rules                   transactions in securities as it would
                                                  12, 2016, NYSE MKT LLC (the                             ‘‘and the Exchange’s schedule of fees.’’ 5             align Exchange rules with that of its
                                                  ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with                Recently, the Exchange amended its                     competitors, which benefits investors
                                                  the Securities and Exchange                             Professional Customer definition to                    and the public interest. By removing
                                                  Commission (the ‘‘Commission’’) the                     align with rules of other markets.6                    reference to the Exchange’s fee schedule
                                                  proposed rule change as described in                    However, as part of the harmonization                  from the definition of Professional
                                                  Items I and II below, which Items have                  effort for a uniform definition of                     Customer, the Exchange would, like its
                                                  been prepared by the self-regulatory                    Professional Customer, the Exchange                    competitors, have the ability to attract
                                                  organization. The Commission is                         has determined that other options                      Professional Customer order flow with
                                                  publishing this notice to solicit                       exchanges do not similarly include                     fees that differentiate Professional
                                                  comments on the proposed rule change                    reference to their fee schedules in the                Customers from Broker/Dealers. The
                                                  from interested persons.                                definition of Professional Customer.7                  proposed rule change would therefore
                                                                                                          Thus, to conform with the rules of other               remove impediments to and perfect the
                                                  I. Self-Regulatory Organization’s                                                                              mechanism of a free and open market
                                                                                                          options exchanges, the Exchange
                                                  Statement of the Terms of Substance of                                                                         and a national market system by
                                                                                                          proposes to modify Rule 900.2NY(18A)
                                                  the Proposed Rule Change                                to delete the reference to the Exchange’s              enabling the Exchange to structure its
                                                     The Exchange proposes to amend                       fee schedule. This change would allow                  fees for Professional Customers
                                                  Rule 900.2NY(18A). The proposed rule                    the Exchange, like its competitors, to                 competitively with the fees of other
                                                  change is available on the Exchange’s                                                                          options exchanges.
                                                  Web site at www.nyse.com, at the                           4 See Securities Exchange Act Release No. 61818
                                                                                                                                                                    Further, the proposed changes are not
                                                  principal office of the Exchange, and at                (March 31, 2010), 75 FR 17457 (April 6, 2010) (SR–
                                                                                                          NYSEAmex–2010–18). See also id., at note 14            unfairly discriminatory as the modified
                                                  the Commission’s Public Reference                       (citing the approval orders of other options           definition would apply to all similarly-
                                                  Room.                                                   exchanges).                                            situated ATP Holders that submit orders
                                                                                                             5 See Rule 900.2NY(18A).
                                                  II. Self-Regulatory Organization’s                         6 See Securities Exchange Act Release No. 77836
                                                                                                                                                                 on behalf of Professional Customers.
                                                  Statement of the Purpose of, and                        (May 16, 2016), 81 FR 31994 (May 20, 2016) (SR–           Finally, the non-substantive change to
                                                  Statutory Basis for, the Proposed Rule                  NYSEMKT–2016–53).                                      the Professional Customer definition
                                                  Change                                                     7 See, e.g., NYSE Arca Rule 6.1A.(4A) (no
                                                                                                                                                                 would remove impediments to and
                                                                                                          reference to fee schedule in definition of
                                                     In its filing with the Commission, the               Professional Customer); Nasdaq OMX PHLX                perfect the mechanisms of a free and
                                                  self-regulatory organization included                   (‘‘PHLX’’) Rule 1000 (b)(14) (same); Nasdaq Options    open market and a national market
                                                                                                          Market (‘‘NOM’’) Chapter 1, Sec. 1(a)(48) (same);      system, as it would add clarity and
                                                                                                          Bats BZX Exchange, Inc.’s (‘‘BZX’’) Rule 16.1(a)(46)
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                                                    31 17 CFR 200.30–3(a)(12).                            (same); BOX Options Exchange LLC (‘‘BOX’’) Rule
                                                                                                                                                                 transparency to Exchange rules.
                                                    1 15 U.S.C. 78s(b)(1).                                100 (a)(50) (same); International Securities
                                                    2 15 U.S.C. 78a.                                                                                              8 15   U.S.C. 78f(b).
                                                                                                          Exchange (‘‘ISE’’) Rule 100(a)(37A) (same); MIAX
                                                    3 17 CFR 240.19b–4.                                   Options Exchange (‘‘MIAX’’) Rule 100 (same).            9 15   U.S.C. 78f(b)(5).




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                                                                              Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                                  60109

                                                  B. Self-Regulatory Organization’s                         would be able to propose fees changes                 Electronic Comments
                                                  Statement on Burden on Competition                        related to Professional Customers on
                                                                                                            September 1, 2016.                                      • Use the Commission’s Internet
                                                    The Exchange does not believe that                                                                            comment form (http://www.sec.gov/
                                                  the proposed rule change will impose                         The Commission believes waiving the                rules/sro.shtml); or
                                                  any burden on competition that is not                     30-day operative delay is consistent
                                                  necessary or appropriate in furtherance                   with the protection of investors and the                • Send an email to rule-comments@
                                                  of the purposes of the Act. The                           public interest because the proposal                  sec.gov. Please include File Number SR–
                                                  Exchange believes that the proposed                       does not raise any new or novel issues.               NYSEMKT–2016–77 on the subject line.
                                                  changes are pro-competitive as the                        The Exchange’s proposal removes the                   Paper Comments
                                                  changes align Exchange rules with that                    current provision that requires the
                                                  of competing markets and would allow                      Exchange to treat Professional                          • Send paper comments in triplicate
                                                  the Exchange to better compete for                        Customers and Broker-Dealers in the                   to Secretary, Securities and Exchange
                                                  Professional Customer order flow. The                     ‘‘same manner’’ with respect to fees,                 Commission, 100 F Street NE.,
                                                  Exchange does not believe that the                        which will allow the Exchange to                      Washington, DC 20549–1090.
                                                  proposed rule change would impose any                     separately propose, if it so chooses, to
                                                  burden on intramarket competition                                                                               All submissions should refer to File
                                                                                                            set its fees competitively in order to
                                                  because, to the extent the Exchange                       attract Professional Customer order                   Number SR–NYSEMKT–2016–77. This
                                                  chooses to adopt fees specific to                         flow, provided that such competitive                  file number should be included on the
                                                  Professional Customers, such fees                         fees are consistent with the                          subject line if email is used. To help the
                                                  would be equal to or less than those                      requirements of the Act and the rules                 Commission process and review your
                                                  charged to broker/dealers and would not                   and regulations thereunder. The                       comments more efficiently, please use
                                                  be more favorable than fees charged to                    Commission notes that the Exchange                    only one method. The Commission will
                                                  public customers.                                         has representated that, to the extent it              post all comments on the Commission’s
                                                  C. Self-Regulatory Organization’s                         chooses to adopt fees specific to                     Internet Web site (http://www.sec.gov/
                                                  Statement on Comments on the                              Professional Customers, such fees                     rules/sro.shtml). Copies of the
                                                  Proposed Rule Change Received From                        would be equal to or less than those                  submission, all subsequent
                                                  Members, Participants, or Others                          charged to broker-dealers and would not               amendments, all written statements
                                                                                                            be more favorable than fees charged to                with respect to the proposed rule
                                                    No written comments were solicited                                                                            change that are filed with the
                                                  or received with respect to the proposed                  public customers. Because this proposal
                                                                                                            does not raise any new or novel issues                Commission, and all written
                                                  rule change.                                                                                                    communications relating to the
                                                                                                            with respect to the treatment of
                                                  III. Date of Effectiveness of the                         Professional Customers, the                           proposed rule change between the
                                                  Proposed Rule Change and Timing for                       Commission hereby waives the                          Commission and any person, other than
                                                  Commission Action                                         operative delay and designates the                    those that may be withheld from the
                                                    Because the proposed rule change                        proposed rule change operative upon                   public in accordance with the
                                                  does not: (i) Significantly affect the                    filing.14                                             provisions of 5 U.S.C. 552, will be
                                                  protection of investors or the public                        At any time within 60 days of the                  available for Web site viewing and
                                                  interest; (ii) impose any significant                     filing of the proposed rule change, the               printing in the Commission’s Public
                                                  burden on competition; and (iii) become                   Commission summarily may                              Reference Room, 100 F Street NE.,
                                                  operative for 30 days from the date on                    temporarily suspend such rule change if               Washington, DC 20549, on official
                                                  which it was filed, or such shorter time                  it appears to the Commission that such                business days between the hours of
                                                  as the Commission may designate, it has                   action is necessary or appropriate in the             10:00 a.m. and 3:00 p.m. Copies of the
                                                  become effective pursuant to Section                      public interest, for the protection of                filing also will be available for
                                                  19(b)(3)(A) of the Act 10 and Rule 19b–                   investors, or otherwise in furtherance of             inspection and copying at the principal
                                                  4(f)(6) thereunder.11                                     the purposes of the Act. If the                       office of the Exchange. All comments
                                                    A proposed rule change filed under                      Commission takes such action, the                     received will be posted without change;
                                                  Rule 19b–4(f)(6) 12 normally does not                     Commission shall institute proceedings                the Commission does not edit personal
                                                  become operative prior to 30 days after                   under Section 19(b)(2)(B) 15 of the Act to            identifying information from
                                                  the date of the filing. However, pursuant                 determine whether the proposed rule                   submissions. You should submit only
                                                  to Rule 19b–4(f)(6)(iii),13 the                           change should be approved or                          information that you wish to make
                                                  Commission may designate a shorter                        disapproved.                                          available publicly. All submissions
                                                  time if such action is consistent with the                                                                      should refer to File Number SR–
                                                  protection of investors and the public                    IV. Solicitation of Comments
                                                                                                                                                                  NYSEMKT–2016–77 and should be
                                                  interest. The Exchange has asked the
                                                                                                              Interested persons are invited to                   submitted on or before September 21,
                                                  Commission to waive the 30-day
                                                                                                            submit written data, views and                        2016.
                                                  operative delay so that the Exchange
                                                                                                            arguments concerning the foregoing,                     For the Commission, by the Division of
                                                    10 15  U.S.C. 78s(b)(3)(A).                             including whether the proposed rule                   Trading and Markets, pursuant to delegated
                                                     11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–      change is consistent with the Act.                    authority.16
                                                  4(f)(6) requires a self-regulatory organization to give   Comments may be submitted by any of
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                                                  the Commission written notice of its intent to file
                                                                                                                                                                  Robert W. Errett,
                                                  the proposed rule change, along with a brief
                                                                                                            the following methods:                                Deputy Secretary.
                                                  description and text of the proposed rule change,                                                               [FR Doc. 2016–20886 Filed 8–30–16; 8:45 am]
                                                  at least five business days prior to the date of filing     14 For  purposes only of waiving the 30-day
                                                  of the proposed rule change, or such shorter time         operative delay, the Commission has also              BILLING CODE 8011–01–P
                                                  as designated by the Commission. The Exchange             considered the proposed rule’s impact on
                                                  has satisfied this requirement.                           efficiency, competition, and capital formation. See
                                                     12 17 CFR 240.19b–4(f)(6).                             15 U.S.C. 78c(f).
                                                     13 17 CFR 240.19b–4(f)(6)(iii).                           15 15 U.S.C. 78s(b)(2)(B).                           16 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-02 12:14:55
Document Modified: 2018-02-02 12:14:55
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 60108 

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