81_FR_64419 81 FR 64238 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Deadline for Implementing Rule 967.1NY(a)(2) and (3) Until September 30, 2016

81 FR 64238 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Deadline for Implementing Rule 967.1NY(a)(2) and (3) Until September 30, 2016

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 181 (September 19, 2016)

Page Range64238-64239
FR Document2016-22422

Federal Register, Volume 81 Issue 181 (Monday, September 19, 2016)
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Notices]
[Pages 64238-64239]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22422]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78829; File No. SR-NYSEMKT-2016-86]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change To Extend the Deadline 
for Implementing Rule 967.1NY(a)(2) and (3) Until September 30, 2016

September 13, 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 September 6, 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 extend the deadline for implementing Rule 
967.1NY(a)(2) and (3) until September 30, 2016 The proposed rule change 
is available on the Exchange's Web site at www.nyse.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to extend the deadline for implementing 
Rule 967.1NY(a)(2) and (3) until September 30, 2016. The Exchange has 
not met the current implementation deadline of July 31, 2016.
    In March 2015, the Commission approved Rule 967.1NY, which provides 
a price protection risk mechanism for Market Maker quotes.\4\ Rule 
967.1NY provides two layers of price protection to incoming Market 
Maker quotes, rejecting those Market Maker quotes that exceed certain 
parameters, as a risk mitigation tool.\5\ The Exchange has implemented 
the first layer of price protection (the NBBO Reasonability Check) and 
had until one year from the date of the Approval Order to implement the 
second layer of protection (the Underlying Stock Price/Strike Price 
Check) pursuant to Commentary .01 to Rule 967.1NY, which was March 4, 
2016.\6\
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    \4\ See Securities Exchange Act Release No. 74440 (March 4, 
2015), 80 FR 12687 (March 10, 2015) (SR-NYSEMKT-2014-116) (Approval 
Order); see also Securities Exchange Act Release No. 74017 (January 
8, 2015), 80 FR 1979 (January 14, 2015) (SR-NYSEMKT-2014-116) 
(Notice).
    \5\ The first layer of price protection assesses incoming sell 
quotes against the NBB and incoming buy quotes against the NBO (the 
``NBBO Price Reasonability Check''). Specifically, Rule 
967.1NY(a)(1) provided that when an NBBO is available, a Market 
Maker quote would be rejected if it is priced a specified dollar 
amount or percentage through the contra-side NBBO. The second layer 
of price protection assesses the price of call or put bids against a 
specified benchmark (the ``Underlying Stock Price/Strike Price 
Check''), per Rule 967.1NY(a)(2) and (3). This second layer of 
protection applies to bids in call options or put options when (1) 
there is no NBBO available, for example, during pre-opening or prior 
to conducting a re-opening after a trading halt, or (2) if the NBBO 
is so wide as to not reflect an appropriate price for the respective 
options series.
    \6\ See Securities Exchange Act Release No. 75151 (June 11, 
2015), 80 FR 34770 (June 17, 2015) (SR-NYSEMKT-2015-42).
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    In March 2016, because the Exchange had not yet implemented the 
Underlying Stock Price/Strike Price Check, the Exchange extended the 
deadline to implement Rule 967.1NY(a)(2) and (3) until July 31, 2016 
(the ``July 31st Deadline'').\7\ Subsequent to this extension, the 
Exchange modified Commentary .01 to Rule 967.1NY to exclude from the 
Underlying Stock Price/Strike Price Check certain securities for which 
there was no reliable (or in some cases any) last sale data.\8\ 
Although the Exchange had finalized the technology related to the 
Underlying Stock Price/Strike Price Check, because this technology was 
packaged in a larger technology release that is currently being rolled 
out, the Exchange was not able to implement the technology by the July 
31st Deadline. The Exchange is in the process of implementing the 
technology release that includes the Underlying Stock Price/Strike 
Price Check and plans to complete this implementation no later than the 
end of September 2016. The Exchange believes the proposed extension of 
the July 31st Deadline until September 30, 2016 would provide the 
Exchange with sufficient time to implement the functionality related to 
the rule. Moreover, the proposed change would update the rule to 
reflect the extended deadline, thus making clear to investors and the 
public that the Underlying Stock Price/Strike Price Check is not yet 
implemented.\9\
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    \7\ See Securities Exchange Act Release No. 77356 (March 14, 
2016), 81 FR 14917 (March 18, 2016) (SR-NYSEMKT-2016-36).
    \8\ See Securities Exchange Act Release No. 77749 (April 29, 
2016), 81 FR 27184 (May 5, 2016) (SR-NYSEMKT-2016-47).
    \9\ The Exchange has issued Trader Updates informing its market 
participants that the functionality related to the Underlying Stock 
Price/Strike Price Check is not yet available but is currently being 
implemented (together with the other technology updates with which 
it was packaged). See, e.g., Trader Updates regarding Enhancements 
to Risk Control Functionality in Enhanced Certification Environment, 
dated 6/6/16, available here, https://www.nyse.com/publicdocs/nyse/notifications/trader-update/NYSE%20Amex%20and%20Arca%20-%20Enhanced%20Risk%20Controls%20in%20Enhanced%20Cert.pdf and 
regarding Risk Controls/Series Lookup Table Enhancements, dated 8/
25/16, available here, https://www.nyse.com/publicdocs/nyse/notifications/trader-update/NYSE%20Amex%20-%20Risk%20Controls%20Release%20details.pdf.

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[[Page 64239]]

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act,\10\ in general, and furthers the objectives of Section 
6(b)(5),\11\ in particular, in that it is designed to promote just and 
equitable principles of trade, 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.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes the proposal promotes just and 
equitable principles of trade and removes impediments to, and perfects 
the mechanism of, a free and open market and a national market system 
because an extension of the July 31st Deadline would enable the 
Exchange to complete its implementation of the technology related to 
the Underlying Stock Price/Strike Price Check, which is currently being 
implemented as part of a larger technology release. Moreover, the 
proposed extension would update the rule to reflect the extended 
deadline for implementation.

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 rule change is 
not designed to address any competitive issues, but rather, to extend 
the July 31st Deadline for implementing the functionality related to 
the Underlying Stock Price/Strike Price Check, which is currently being 
implemented as part of a larger technology release.

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 foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) \12\ of the Act and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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 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) \14\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative immediately upon filing. The Commission believes 
that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest as it will allow the 
Exchange to immediately extend the implementation deadline for the 
Underlying Stock Price/Strike Price Check without delay and provide the 
Exchange additional time to implement the technology associated with 
such price protection. Accordingly, the Commission hereby waives the 
30-day operative delay requirement and designates the proposed rule 
change as operative upon filing.\16\
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. 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 rule-comments@sec.gov. Please include 
File Number SR-NYSEMKT-2016-86 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-2016-86. 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-2016-86, and should 
be submitted on or before October 11, 2016.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-22422 Filed 9-16-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  64238                     Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices

                                                  those that may be withheld from the                     967.1NY(a)(2) and (3) until September                   Order to implement the second layer of
                                                  public in accordance with the                           30, 2016 The proposed rule change is                    protection (the Underlying Stock Price/
                                                  provisions of 5 U.S.C. 552, will be                     available on the Exchange’s Web site at                 Strike Price Check) pursuant to
                                                  available for Web site viewing and                      www.nyse.com, at the principal office of                Commentary .01 to Rule 967.1NY,
                                                  printing in the Commission’s Public                     the Exchange, and at the Commission’s                   which was March 4, 2016.6
                                                  Reference Section, 100 F Street NE.,                    Public Reference Room.
                                                                                                                                                                     In March 2016, because the Exchange
                                                  Washington, DC 20549–1090. Copies of
                                                                                                          II. Self-Regulatory Organization’s                      had not yet implemented the
                                                  the filing will also be available for
                                                                                                          Statement of the Purpose of, and                        Underlying Stock Price/Strike Price
                                                  inspection and copying at the IEX’s
                                                                                                          Statutory Basis for, the Proposed Rule                  Check, the Exchange extended the
                                                  principal office and on its Internet Web
                                                                                                          Change                                                  deadline to implement Rule
                                                  site at www.iextrading.com. All
                                                  comments received will be posted                           In its filing with the Commission, the               967.1NY(a)(2) and (3) until July 31, 2016
                                                  without change; the Commission does                     self-regulatory organization included                   (the ‘‘July 31st Deadline’’).7 Subsequent
                                                  not edit personal identifying                           statements concerning the purpose of,                   to this extension, the Exchange
                                                  information from submissions. You                       and basis for, the proposed rule change                 modified Commentary .01 to Rule
                                                  should submit only information that                     and discussed any comments it received                  967.1NY to exclude from the
                                                  you wish to make available publicly. All                on the proposed rule change. The text                   Underlying Stock Price/Strike Price
                                                  submissions should refer to File                        of those statements may be examined at                  Check certain securities for which there
                                                  Number SR–IEX–2016–13 and should                        the places specified in Item IV below.                  was no reliable (or in some cases any)
                                                  be submitted on or before October 11,                   The Exchange has prepared summaries,                    last sale data.8 Although the Exchange
                                                  2016.32                                                 set forth in sections A, B, and C below,                had finalized the technology related to
                                                                                                          of the most significant parts of such                   the Underlying Stock Price/Strike Price
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated
                                                                                                          statements.                                             Check, because this technology was
                                                  authority.                                              A. Self-Regulatory Organization’s                       packaged in a larger technology release
                                                  Robert W. Errett,                                       Statement of the Purpose of, and the                    that is currently being rolled out, the
                                                  Deputy Secretary.                                       Statutory Basis for, the Proposed Rule                  Exchange was not able to implement the
                                                  [FR Doc. 2016–22417 Filed 9–16–16; 8:45 am]             Change                                                  technology by the July 31st Deadline.
                                                  BILLING CODE 8011–01–P
                                                                                                                                                                  The Exchange is in the process of
                                                                                                          1. Purpose                                              implementing the technology release
                                                                                                             The Exchange is proposing to extend                  that includes the Underlying Stock
                                                  SECURITIES AND EXCHANGE                                 the deadline for implementing Rule                      Price/Strike Price Check and plans to
                                                  COMMISSION                                              967.1NY(a)(2) and (3) until September                   complete this implementation no later
                                                                                                          30, 2016. The Exchange has not met the                  than the end of September 2016. The
                                                  [Release No. 34–78829; File No. SR–                     current implementation deadline of July
                                                  NYSEMKT–2016–86]                                                                                                Exchange believes the proposed
                                                                                                          31, 2016.                                               extension of the July 31st Deadline until
                                                  Self-Regulatory Organizations; NYSE                        In March 2015, the Commission                        September 30, 2016 would provide the
                                                  MKT LLC; Notice of Filing and                           approved Rule 967.1NY, which                            Exchange with sufficient time to
                                                  Immediate Effectiveness of Proposed                     provides a price protection risk                        implement the functionality related to
                                                  Rule Change To Extend the Deadline                      mechanism for Market Maker quotes.4                     the rule. Moreover, the proposed change
                                                  for Implementing Rule 967.1NY(a)(2)                     Rule 967.1NY provides two layers of                     would update the rule to reflect the
                                                  and (3) Until September 30, 2016                        price protection to incoming Market                     extended deadline, thus making clear to
                                                                                                          Maker quotes, rejecting those Market                    investors and the public that the
                                                  September 13, 2016.                                     Maker quotes that exceed certain                        Underlying Stock Price/Strike Price
                                                     Pursuant to Section 19(b)(1) 1 of the                parameters, as a risk mitigation tool.5                 Check is not yet implemented.9
                                                  Securities Exchange Act of 1934 (the                    The Exchange has implemented the first
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  layer of price protection (the NBBO                        6 See Securities Exchange Act Release No. 75151
                                                  notice is hereby given that on                          Reasonability Check) and had until one                  (June 11, 2015), 80 FR 34770 (June 17, 2015) (SR–
                                                  September 6, 2016, NYSE MKT LLC (the                    year from the date of the Approval                      NYSEMKT–2015–42).
                                                  ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with                                                                           7 See Securities Exchange Act Release No. 77356

                                                  the Securities and Exchange                                4 See Securities Exchange Act Release No. 74440      (March 14, 2016), 81 FR 14917 (March 18, 2016)
                                                                                                          (March 4, 2015), 80 FR 12687 (March 10, 2015) (SR–      (SR–NYSEMKT–2016–36).
                                                  Commission (the ‘‘Commission’’) the
                                                                                                          NYSEMKT–2014–116) (Approval Order); see also               8 See Securities Exchange Act Release No. 77749
                                                  proposed rule change as described in                    Securities Exchange Act Release No. 74017 (January      (April 29, 2016), 81 FR 27184 (May 5, 2016) (SR–
                                                  Items I and II below, which Items have                  8, 2015), 80 FR 1979 (January 14, 2015) (SR–            NYSEMKT–2016–47).
                                                  been prepared by the self-regulatory                    NYSEMKT–2014–116) (Notice).                                9 The Exchange has issued Trader Updates
                                                                                                             5 The first layer of price protection assesses       informing its market participants that the
                                                  organization. The Commission is
                                                                                                          incoming sell quotes against the NBB and incoming       functionality related to the Underlying Stock Price/
                                                  publishing this notice to solicit                       buy quotes against the NBO (the ‘‘NBBO Price            Strike Price Check is not yet available but is
                                                  comments on the proposed rule change                    Reasonability Check’’). Specifically, Rule              currently being implemented (together with the
                                                  from interested persons.                                967.1NY(a)(1) provided that when an NBBO is             other technology updates with which it was
                                                                                                          available, a Market Maker quote would be rejected       packaged). See, e.g., Trader Updates regarding
                                                  I. Self-Regulatory Organization’s                       if it is priced a specified dollar amount or            Enhancements to Risk Control Functionality in
                                                  Statement of the Terms of Substance of                  percentage through the contra-side NBBO. The            Enhanced Certification Environment, dated 6/6/16,
                                                  the Proposed Rule Change                                second layer of price protection assesses the price     available here, https://www.nyse.com/publicdocs/
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          of call or put bids against a specified benchmark       nyse/notifications/trader-update/
                                                     The Exchange proposes to extend the                  (the ‘‘Underlying Stock Price/Strike Price Check’’),    NYSE%20Amex%20and%20Arca%20-%20
                                                  deadline for implementing Rule                          per Rule 967.1NY(a)(2) and (3). This second layer       Enhanced%20Risk%20Controls%20in%20
                                                                                                          of protection applies to bids in call options or put    Enhanced%20Cert.pdf and regarding Risk Controls/
                                                    32 17
                                                                                                          options when (1) there is no NBBO available, for        Series Lookup Table Enhancements, dated 8/25/16,
                                                          CFR 200.30–3(a)(12).                            example, during pre-opening or prior to conducting      available here, https://www.nyse.com/publicdocs/
                                                    1 15 U.S.C.78s(b)(1).                                 a re-opening after a trading halt, or (2) if the NBBO   nyse/notifications/trader-update/NYSE%
                                                    2 15 U.S.C. 78a.
                                                                                                          is so wide as to not reflect an appropriate price for   20Amex%20-%20Risk%20Controls%20
                                                    3 17 CFR 240.19b–4.                                   the respective options series.                          Release%20details.pdf.



                                             VerDate Sep<11>2014   21:47 Sep 16, 2016   Jkt 238001   PO 00000   Frm 00113   Fmt 4703   Sfmt 4703   E:\FR\FM\19SEN1.SGM    19SEN1


                                                                                Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices                                                     64239

                                                  2. Statutory Basis                                         19(b)(3)(A) 12 of the Act and Rule 19b–                   Electronic Comments
                                                     The proposed rule change is                             4(f)(6) thereunder.13
                                                                                                                                                                         • Use the Commission’s Internet
                                                  consistent with Section 6(b) of the                           A proposed rule change filed under                     comment form (http://www.sec.gov/
                                                  Act,10 in general, and furthers the                        Rule 19b–4(f)(6) 14 normally does not                     rules/sro.shtml); or
                                                  objectives of Section 6(b)(5),11 in                        become operative for 30 days after the
                                                  particular, in that it is designed to                      date of filing. However, pursuant to                        • Send an email to rule-comments@
                                                  promote just and equitable principles of                   Rule 19b–4(f)(6)(iii),15 the Commission                   sec.gov. Please include File Number SR–
                                                  trade, to remove impediments to and                        may designate a shorter time if such                      NYSEMKT–2016–86 on the subject line.
                                                  perfect the mechanism of a free and                        action is consistent with the protection                  Paper Comments
                                                  open market and a national market                          of investors and the public interest. The
                                                  system, and in general, to protect                         Exchange has asked the Commission to                        • Send paper comments in triplicate
                                                  investors and the public interest.                         waive the 30-day operative delay so that                  to Secretary, Securities and Exchange
                                                     Specifically, the Exchange believes                     the proposal may become operative                         Commission, 100 F Street NE.,
                                                  the proposal promotes just and                             immediately upon filing. The                              Washington, DC 20549–1090.
                                                  equitable principles of trade and                          Commission believes that waiving the
                                                  removes impediments to, and perfects                                                                                 All submissions should refer to File
                                                                                                             30-day operative delay is consistent                      Number SR–NYSEMKT–2016–86. This
                                                  the mechanism of, a free and open
                                                                                                             with the protection of investors and the                  file number should be included on the
                                                  market and a national market system
                                                                                                             public interest as it will allow the                      subject line if email is used. To help the
                                                  because an extension of the July 31st
                                                  Deadline would enable the Exchange to                      Exchange to immediately extend the                        Commission process and review your
                                                  complete its implementation of the                         implementation deadline for the                           comments more efficiently, please use
                                                  technology related to the Underlying                       Underlying Stock Price/Strike Price                       only one method. The Commission will
                                                  Stock Price/Strike Price Check, which is                   Check without delay and provide the                       post all comments on the Commission’s
                                                  currently being implemented as part of                     Exchange additional time to implement                     Internet Web site (http://www.sec.gov/
                                                  a larger technology release. Moreover,                     the technology associated with such                       rules/sro.shtml). Copies of the
                                                  the proposed extension would update                        price protection. Accordingly, the                        submission, all subsequent
                                                  the rule to reflect the extended deadline                  Commission hereby waives the 30-day                       amendments, all written statements
                                                  for implementation.                                        operative delay requirement and                           with respect to the proposed rule
                                                                                                             designates the proposed rule change as                    change that are filed with the
                                                  B. Self-Regulatory Organization’s
                                                                                                             operative upon filing.16                                  Commission, and all written
                                                  Statement on Burden on Competition
                                                                                                                At any time within 60 days of the                      communications relating to the
                                                    The Exchange does not believe that                       filing of the proposed rule change, the                   proposed rule change between the
                                                  the proposed rule change will impose                       Commission summarily may                                  Commission and any person, other than
                                                  any burden on competition that is not
                                                                                                             temporarily suspend such rule change if                   those that may be withheld from the
                                                  necessary or appropriate in furtherance
                                                                                                             it appears to the Commission that such                    public in accordance with the
                                                  of the purposes of the Act. The
                                                  proposed rule change is not designed to                    action is: (i) Necessary or appropriate in                provisions of 5 U.S.C. 552, will be
                                                  address any competitive issues, but                        the public interest; (ii) for the protection              available for Web site viewing and
                                                  rather, to extend the July 31st Deadline                   of investors; or (iii) otherwise in                       printing in the Commission’s Public
                                                  for implementing the functionality                         furtherance of the purposes of the Act.                   Reference Room, 100 F Street NE.,
                                                  related to the Underlying Stock Price/                     If the Commission takes such action, the                  Washington, DC 20549, on official
                                                  Strike Price Check, which is currently                     Commission shall institute proceedings                    business days between the hours of
                                                  being implemented as part of a larger                      to determine whether the proposed rule                    10:00 a.m. and 3:00 p.m. Copies of the
                                                  technology release.                                        should be approved or disapproved.                        filing also will be available for
                                                                                                                                                                       inspection and copying at the principal
                                                  C. Self-Regulatory Organization’s                          IV. Solicitation of Comments
                                                                                                                                                                       office of the Exchange. All comments
                                                  Statement on Comments on the
                                                                                                               Interested persons are invited to                       received will be posted without change;
                                                  Proposed Rule Change Received From
                                                                                                             submit written data, views, and                           the Commission does not edit personal
                                                  Members, Participants, or Others
                                                                                                             arguments concerning the foregoing,                       identifying information from
                                                    No written comments were solicited                       including whether the proposed rule                       submissions. You should submit only
                                                  or received with respect to the proposed                   change is consistent with the Act.                        information that you wish to make
                                                  rule change.                                               Comments may be submitted by any of                       available publicly. All submissions
                                                  III. Date of Effectiveness of the                          the following methods:                                    should refer to File Number SR–
                                                  Proposed Rule Change and Timing for                                                                                  NYSEMKT–2016–86, and should be
                                                  Commission Action                                            12 15  U.S.C. 78s(b)(3)(A).                             submitted on or before October 11,
                                                                                                               13 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      2016.
                                                    Because the foregoing proposed rule                      4(f)(6) requires a self-regulatory organization to give
                                                  change does not: (i) Significantly affect                  the Commission written notice of its intent to file         For the Commission, by the Division of
                                                  the protection of investors or the public                  the proposed rule change at least five business days      Trading and Markets, pursuant to delegated
                                                  interest; (ii) impose any significant                      prior to the date of filing of the proposed rule          authority.17
                                                                                                             change, or such shorter time as designated by the
                                                  burden on competition; and (iii) become
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                             Commission. The Exchange has satisfied this               Robert W. Errett,
                                                  operative for 30 days from the date on                     requirement.                                              Deputy Secretary.
                                                  which it was filed, or such shorter time                      14 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                       [FR Doc. 2016–22422 Filed 9–16–16; 8:45 am]
                                                  as the Commission may designate, it has                       15 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                16 For purposes only of waiving the 30-day             BILLING CODE 8011–01–P
                                                  become effective pursuant to Section
                                                                                                             operative delay, the Commission has also
                                                                                                             considered the proposed rule’s impact on
                                                    10 15   U.S.C. 78f(b).                                   efficiency, competition, and capital formation. See
                                                    11 15   U.S.C. 78f(b)(5).                                15 U.S.C. 78c(f).                                           17 17   CFR 200.30–3(a)(12).



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Document Created: 2016-09-17 02:30:33
Document Modified: 2016-09-17 02:30:33
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 64238 

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