81_FR_64428 81 FR 64247 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Deadline for Implementing Rule 6.61(a)(2) and (3) Until September 30, 2016

81 FR 64247 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Deadline for Implementing Rule 6.61(a)(2) and (3) Until September 30, 2016

SECURITIES AND EXCHANGE COMMISSION

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

Page Range64247-64248
FR Document2016-22424

Federal Register, Volume 81 Issue 181 (Monday, September 19, 2016)
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Notices]
[Pages 64247-64248]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22424]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78831; File No. SR-NYSEARCA-2016-126]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Extend the 
Deadline for Implementing Rule 6.61(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 Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to extend the deadline for implementing Rule 
6.61(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 6.61 (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 6.61, which provides a 
price protection risk mechanism for Market Maker quotes.\4\ Rule 6.61 
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 6.61, which was March 4, 
2016.\6\
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    \4\ See Securities Exchange Act Release No. 74441 (March 4, 
2015), 80 FR 12664 (March 10, 2015) (SR-NYSEArca-2014-150) (Approval 
Order); see also Securities Exchange Act Release No. 74018 (January 
8, 2015), 80 FR 1982 (January 14, 2015) (SR-NYSEArca-2014-150) 
(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 6.61(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 
6.61(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. 75156 (June 11, 
2015), 80 FR 34756 (June 17, 2015) (SR-NYSEArca-2015-45).
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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 6.61(a)(2) and (3) until July 31, 2016 (the 
``July 31st Deadline'').\7\ Subsequent to this extension, the Exchange 
modified Commentary .01 to Rule 6.61 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. 77357 (March 14, 
2016), 81 FR 14912 (March 18, 2016) (SR-NYSEARCA-2016-41).
    \8\ See Securities Exchange Act Release No. 77748 (April 29, 
2016), 81 FR 27178 (May 5, 2016) (SR-NYSEARCA-2016-57).
    \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 8/4/
16, available here, https://www.nyse.com/publicdocs/nyse/notifications/trader-update/NYSE%20Arca%20Options%20-%20Risk%20Controls%20Release.pdf.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the

[[Page 64248]]

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 [email protected]. Please include 
File Number SR-NYSEARCA-2016-126 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-NYSEARCA-2016-126. 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-NYSEARCA-2016-126, 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. 2016-22424 Filed 9-16-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices                                                        64247

                                                  Partial Amendment No. 1, on an                          II. Self-Regulatory Organization’s                       Commentary .01 to Rule 6.61, which
                                                  accelerated basis.                                      Statement of the Purpose of, and                         was March 4, 2016.6
                                                                                                          Statutory Basis for, the Proposed Rule                      In March 2016, because the Exchange
                                                  VII. Conclusion                                                                                                  had not yet implemented the
                                                                                                          Change
                                                    It is therefore ordered pursuant to                                                                            Underlying Stock Price/Strike Price
                                                  Section 19(b)(2) 101 of the Exchange Act                  In its filing with the Commission, the                 Check, the Exchange extended the
                                                  that the proposal (SR–FINRA–2016–                       self-regulatory organization included                    deadline to implement Rule 6.61(a)(2)
                                                  018), as modified by Partial Amendment                  statements concerning the purpose of,                    and (3) until July 31, 2016 (the ‘‘July
                                                  No. 1, be and hereby is approved on an                  and basis for, the proposed rule change                  31st Deadline’’).7 Subsequent to this
                                                  accelerated basis.                                      and discussed any comments it received                   extension, the Exchange modified
                                                                                                          on the proposed rule change. The text                    Commentary .01 to Rule 6.61 to exclude
                                                                                                          of those statements may be examined at                   from the Underlying Stock Price/Strike
                                                    For the Commission, by the Division of                the places specified in Item IV below.                   Price Check certain securities for which
                                                  Trading and Markets, pursuant to delegated              The Exchange has prepared summaries,                     there was no reliable (or in some cases
                                                  authority.102                                           set forth in sections A, B, and C below,                 any) last sale data.8 Although the
                                                  Robert W. Errett,                                                                                                Exchange had finalized the technology
                                                                                                          of the most significant parts of such
                                                  Deputy Secretary.                                                                                                related to the Underlying Stock Price/
                                                                                                          statements.
                                                  [FR Doc. 2016–22418 Filed 9–16–16; 8:45 am]
                                                                                                                                                                   Strike Price Check, because this
                                                                                                          A. Self-Regulatory Organization’s                        technology was packaged in a larger
                                                  BILLING CODE 8011–01–P
                                                                                                          Statement of the Purpose of, and the                     technology release that is currently
                                                                                                          Statutory Basis for, the Proposed Rule                   being rolled out, the Exchange was not
                                                  SECURITIES AND EXCHANGE                                 Change                                                   able to implement the technology by the
                                                  COMMISSION                                                                                                       July 31st Deadline. The Exchange is in
                                                                                                          1. Purpose                                               the process of implementing the
                                                                                                                                                                   technology release that includes the
                                                  [Release No. 34–78831; File No. SR–                        The Exchange is proposing to extend
                                                                                                                                                                   Underlying Stock Price/Strike Price
                                                  NYSEARCA–2016–126]                                      the deadline for implementing Rule 6.61                  Check and plans to complete this
                                                                                                          (a)(2) and (3) until September 30, 2016.                 implementation no later than the end of
                                                  Self-Regulatory Organizations; NYSE                     The Exchange has not met the current                     September 2016. The Exchange believes
                                                  Arca, Inc.; Notice of Filing and                        implementation deadline of July 31,                      the proposed extension of the July 31st
                                                  Immediate Effectiveness of Proposed                     2016.                                                    Deadline until September 30, 2016
                                                  Rule Change To Extend the Deadline
                                                                                                             In March 2015, the Commission                         would provide the Exchange with
                                                  for Implementing Rule 6.61(a)(2) and
                                                                                                          approved Rule 6.61, which provides a                     sufficient time to implement the
                                                  (3) Until September 30, 2016
                                                                                                          price protection risk mechanism for                      functionality related to the rule.
                                                  September 13, 2016.                                     Market Maker quotes.4 Rule 6.61                          Moreover, the proposed change would
                                                                                                          provides two layers of price protection                  update the rule to reflect the extended
                                                     Pursuant to Section 19(b)(1) 1 of the
                                                                                                          to incoming Market Maker quotes,                         deadline, thus making clear to investors
                                                  Securities Exchange Act of 1934 (the
                                                                                                          rejecting those Market Maker quotes that                 and the public that the Underlying
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                                                                          exceed certain parameters, as a risk                     Stock Price/Strike Price Check is not yet
                                                  notice is hereby given that, on
                                                                                                          mitigation tool.5 The Exchange has                       implemented.9
                                                  September 6, 2016, NYSE Arca, Inc. (the
                                                  ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with               implemented the first layer of price                     2. Statutory Basis
                                                  the Securities and Exchange                             protection (the NBBO Reasonability                          The proposed rule change is
                                                  Commission (the ‘‘Commission’’) the                     Check) and had until one year from the                   consistent with Section 6(b) of the
                                                  proposed rule change as described in                    date of the Approval Order to
                                                  Items I and II below, which Items have                  implement the second layer of                               6 See Securities Exchange Act Release No. 75156

                                                  been prepared by the self-regulatory                    protection (the Underlying Stock Price/                  (June 11, 2015), 80 FR 34756 (June 17, 2015) (SR–
                                                  organization. The Commission is                         Strike Price Check) pursuant to                          NYSEArca–2015–45).
                                                                                                                                                                      7 See Securities Exchange Act Release No. 77357
                                                  publishing this notice to solicit
                                                                                                                                                                   (March 14, 2016), 81 FR 14912 (March 18, 2016)
                                                  comments on the proposed rule change                       4 See Securities Exchange Act Release No. 74441
                                                                                                                                                                   (SR–NYSEARCA–2016–41).
                                                  from interested persons.                                (March 4, 2015), 80 FR 12664 (March 10, 2015) (SR–          8 See Securities Exchange Act Release No. 77748
                                                                                                          NYSEArca–2014–150) (Approval Order); see also            (April 29, 2016), 81 FR 27178 (May 5, 2016) (SR–
                                                  I. Self-Regulatory Organization’s                       Securities Exchange Act Release No. 74018 (January       NYSEARCA–2016–57).
                                                  Statement of the Terms of Substance of                  8, 2015), 80 FR 1982 (January 14, 2015) (SR–                9 The Exchange has issued Trader Updates

                                                  the Proposed Rule Change                                NYSEArca–2014–150) (Notice).                             informing its market participants that the
                                                                                                             5 The first layer of price protection assesses
                                                                                                                                                                   functionality related to the Underlying Stock Price/
                                                    The Exchange proposes to extend the                   incoming sell quotes against the NBB and incoming        Strike Price Check is not yet available but is
                                                                                                          buy quotes against the NBO (the ‘‘NBBO Price             currently being implemented (together with the
                                                  deadline for implementing Rule                          Reasonability Check’’). Specifically, Rule 6.61(a)(1)    other technology updates with which it was
                                                  6.61(a)(2) and (3) until September 30,                  provided that when an NBBO is available, a Market        packaged). See, e.g., Trader Updates regarding
                                                  2016. The proposed rule change is                       Maker quote would be rejected if it is priced a          Enhancements to Risk Control Functionality in
                                                  available on the Exchange’s Web site at                 specified dollar amount or percentage through the        Enhanced Certification Environment, dated 6/6/16,
                                                                                                          contra-side NBBO. The second layer of price              available here, https://www.nyse.com/publicdocs/
                                                  www.nyse.com, at the principal office of                protection assesses the price of call or put bids        nyse/notifications/trader-update/NYSE%20
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the Exchange, and at the Commission’s                   against a specified benchmark (the ‘‘Underlying          Amex%20and%20Arca%20-
                                                  Public Reference Room.                                  Stock Price/Strike Price Check’’), per Rule 6.61(a)(2)   %20Enhanced%20Risk%
                                                                                                          and (3). This second layer of protection applies to      20Controls%20in%20Enhanced%20Cert.pdf and
                                                    101 Id.
                                                                                                          bids in call options or put options when (1) there       regarding Risk Controls/Series Lookup Table
                                                    102 17
                                                                                                          is no NBBO available, for example, during pre-           Enhancements, dated 8/4/16, available here,
                                                          CFR 200.30–3(a)(12).                            opening or prior to conducting a re-opening after a      https://www.nyse.com/publicdocs/nyse/
                                                    1 15 U.S.C. 78s(b)(1).                                trading halt, or (2) if the NBBO is so wide as to not    notifications/trader-update/
                                                    2 15 U.S.C. 78a.
                                                                                                          reflect an appropriate price for the respective          NYSE%20Arca%20Options%20-
                                                    3 17 CFR 240.19b–4.                                   options series.                                          %20Risk%20Controls%20Release.pdf.



                                             VerDate Sep<11>2014   21:47 Sep 16, 2016   Jkt 238001   PO 00000   Frm 00122   Fmt 4703   Sfmt 4703   E:\FR\FM\19SEN1.SGM     19SEN1


                                                  64248                       Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices

                                                  Act,10 in general, and furthers the                          A proposed rule change filed under                  NYSEARCA–2016–126 on the subject
                                                  objectives of Section 6(b)(5),11 in                       Rule 19b–4(f)(6) 14 normally does not                  line.
                                                  particular, in that it is designed to                     become operative for 30 days after the
                                                  promote just and equitable principles of                  date of filing. However, pursuant to                   Paper Comments
                                                  trade, to remove impediments to and                       Rule 19b–4(f)(6)(iii),15 the Commission                  • Send paper comments in triplicate
                                                  perfect the mechanism of a free and                       may designate a shorter time if such                   to Secretary, Securities and Exchange
                                                  open market and a national market                         action is consistent with the protection               Commission, 100 F Street NE.,
                                                  system, and in general, to protect                        of investors and the public interest. The
                                                                                                                                                                   Washington, DC 20549–1090.
                                                  investors and the public interest.                        Exchange has asked the Commission to
                                                     Specifically, the Exchange believes                    waive the 30-day operative delay so that               All submissions should refer to File
                                                  the proposal promotes just and                            the proposal may become operative                      Number SR–NYSEARCA–2016–126.
                                                  equitable principles of trade and                         immediately upon filing. The                           This file number should be included on
                                                  removes impediments to, and perfects                      Commission believes that waiving the                   the subject line if email is used. To help
                                                  the mechanism of, a free and open                         30-day operative delay is consistent                   the Commission process and review
                                                  market and a national market system                       with the protection of investors and the               your comments more efficiently, please
                                                  because an extension of the July 31st                     public interest as it will allow the                   use only one method. The Commission
                                                  Deadline would enable the Exchange to                     Exchange to immediately extend the                     will post all comments on the
                                                  complete its implementation of the                        implementation deadline for the                        Commission’s Internet Web site (http://
                                                  technology related to the Underlying                      Underlying Stock Price/Strike Price
                                                  Stock Price/Strike Price Check, which is                                                                         www.sec.gov/rules/sro.shtml). Copies of
                                                                                                            Check without delay and provide the                    the submission, all subsequent
                                                  currently being implemented as part of                    Exchange additional time to implement
                                                  a larger technology release. Moreover,                                                                           amendments, all written statements
                                                                                                            the technology associated with such
                                                  the proposed extension would update                                                                              with respect to the proposed rule
                                                                                                            price protection. Accordingly, the
                                                  the rule to reflect the extended deadline                                                                        change that are filed with the
                                                                                                            Commission hereby waives the 30-day
                                                  for implementation.                                                                                              Commission, and all written
                                                                                                            operative delay requirement and
                                                                                                            designates the proposed rule change as                 communications relating to the
                                                  B. Self-Regulatory Organization’s
                                                                                                            operative upon filing.16                               proposed rule change between the
                                                  Statement on Burden on Competition
                                                                                                               At any time within 60 days of the                   Commission and any person, other than
                                                    The Exchange does not believe that                                                                             those that may be withheld from the
                                                  the proposed rule change will impose                      filing of the proposed rule change, the
                                                                                                            Commission summarily may                               public in accordance with the
                                                  any burden on competition that is not                                                                            provisions of 5 U.S.C. 552, will be
                                                  necessary or appropriate in furtherance                   temporarily suspend such rule change if
                                                                                                            it appears to the Commission that such                 available for Web site viewing and
                                                  of the purposes of the Act. The                                                                                  printing in the Commission’s Public
                                                  proposed rule change is not designed to                   action is: (i) Necessary or appropriate in
                                                                                                            the public interest; (ii) for the protection           Reference Room, 100 F Street NE.,
                                                  address any competitive issues, but
                                                                                                            of investors; or (iii) otherwise in                    Washington, DC 20549, on official
                                                  rather, to extend the July 31st Deadline
                                                  for implementing the functionality                        furtherance of the purposes of the Act.                business days between the hours of
                                                  related to the Underlying Stock Price/                    If the Commission takes such action, the               10:00 a.m. and 3:00 p.m. Copies of the
                                                  Strike Price Check, which is currently                    Commission shall institute proceedings                 filing also will be available for
                                                  being implemented as part of a larger                     to determine whether the proposed rule                 inspection and copying at the principal
                                                  technology release.                                       should be approved or disapproved.                     office of the Exchange. All comments
                                                                                                            IV. Solicitation of Comments                           received will be posted without change;
                                                  C. Self-Regulatory Organization’s                                                                                the Commission does not edit personal
                                                  Statement on Comments on the                                Interested persons are invited to                    identifying information from
                                                  Proposed Rule Change Received From                        submit written data, views, and                        submissions. You should submit only
                                                  Members, Participants, or Others                          arguments concerning the foregoing,                    information that you wish to make
                                                    No written comments were solicited                      including whether the proposed rule                    available publicly. All submissions
                                                  or received with respect to the proposed                  change is consistent with the Act.                     should refer to File Number SR–
                                                  rule change.                                              Comments may be submitted by any of                    NYSEARCA–2016–126, and should be
                                                                                                            the following methods:                                 submitted on or before October 11,
                                                  III. Date of Effectiveness of the
                                                  Proposed Rule Change and Timing for                       Electronic Comments                                    2016.
                                                  Commission Action
                                                                                                              • Use the Commission’s Internet                        For the Commission, by the Division of
                                                     Because the foregoing proposed rule                    comment form (http://www.sec.gov/                      Trading and Markets, pursuant to delegated
                                                  change does not: (i) Significantly affect                 rules/sro.shtml); or                                   authority.17
                                                  the protection of investors or the public                   • Send an email to rule-comments@                    Robert W. Errett,
                                                  interest; (ii) impose any significant                     sec.gov. Please include File Number SR–                Deputy Secretary.
                                                  burden on competition; and (iii) become
                                                                                                                                                                   [FR Doc. 2016–22424 Filed 9–16–16; 8:45 am]
                                                  operative for 30 days from the date on
                                                                                                            the Commission written notice of its intent to file    BILLING CODE 8011–01–P
                                                  which it was filed, or such shorter time                  the proposed rule change at least five business days
                                                  as the Commission may designate, it has                   prior to the date of filing of the proposed rule
                                                  become effective pursuant to Section                      change, or such shorter time as designated by the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  19(b)(3)(A) 12 of the Act and Rule 19b–                   Commission. The Exchange has satisfied this
                                                                                                            requirement.
                                                  4(f)(6) thereunder.13                                        14 17 CFR 240.19b–4(f)(6).
                                                                                                               15 17 CFR 240.19b–4(f)(6)(iii).
                                                    10 15  U.S.C. 78f(b).                                      16 For purposes only of waiving the 30-day
                                                    11 15  U.S.C. 78f(b)(5).                                operative delay, the Commission has also
                                                    12 15 U.S.C. 78s(b)(3)(A).
                                                                                                            considered the proposed rule’s impact on
                                                    13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–       efficiency, competition, and capital formation. See
                                                  4(f)(6) requires a self-regulatory organization to give   15 U.S.C. 78c(f).                                        17 17   CFR 200.30–3(a)(12).



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Document Created: 2016-09-17 02:30:07
Document Modified: 2016-09-17 02:30:07
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 64247 

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