81 FR 64966 - Sunshine Act Meeting; Additional Item

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 183 (September 21, 2016)

Page Range		64966-64966
FR Document		2016-22906

Federal Register, Volume 81 Issue 183 (Wednesday, September 21, 2016)

[Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016)]
[Notices]
[Page 64966]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22906]



[[Page 64966]]

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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting; Additional Item

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: To be published.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Thursday, September 
22, 2016.

CHANGES IN THE MEETING: The following matters will also be considered 
during the 2:00 p.m. Closed Meeting scheduled for Thursday, September 
22, 2016:

Adjudicatory matter

CONTACT PERSON FOR MORE INFORMATION: For further information and to 
ascertain what, if any, matters have been added, deleted or postponed, 
please contact the Office of the Secretary at (202) 551-5400.

    Dated: September 16, 2016.
Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2016-22906 Filed 9-19-16; 4:15 pm]
 BILLING CODE 8011-01-P

64966 Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices

SECURITIES AND EXCHANGE designated a longer period within which represents that, while inside the
COMMISSION to either approve the proposed rule telephone booths, there is no visual or
change, disapprove the proposed rule auditory access to activities conducted
Sunshine Act Meeting; Additional Item change, or institute proceedings to at the trading posts or by Floor
determine whether to disapprove the Brokers.11
FEDERAL REGISTER CITATION OF PREVIOUS proposed rule change.5 The Commission Currently Exchange members and
ANNOUNCEMENT: To be published. received no comments on the proposed employees of member organizations are
PREVIOUSLY ANNOUNCED TIME AND DATE OF rule change. This order grants approval allowed to use personal portable or
THE MEETING: Thursday, September 22, of the proposed rule change. wireless communication devices outside
2016. the Trading Floor, provided that such
II. Description of the Proposed Rule use is consistent with all other
CHANGES IN THE MEETING: The following Change
matters will also be considered during Exchange Rules and federal securities
the 2:00 p.m. Closed Meeting scheduled The Exchange proposes to amend laws and rules thereunder.12 By
for Thursday, September 22, 2016: NYSE Rule 6A (‘‘Trading Floor’’) to excluding the physical area within the
exclude an area within fully enclosed fully enclosed telephone booths
Adjudicatory matter telephone booths located in 18 Broad described herein from the definition of
CONTACT PERSON FOR MORE INFORMATION: Street from the definition of ‘‘Trading Trading Floor, the proposal would
For further information and to ascertain Floor.’’ Under the proposal, as create an exception to restrictions that
what, if any, matters have been added, discussed in more detail below, the area would otherwise prohibit the use of
deleted or postponed, please contact the within the enclosed telephone booths personal cellular telephones while in
Office of the Secretary at (202) 551– will remain within the Exchange’s the telephone booths. In its filing, the
5400. broader definition of Floor under Rule Exchange states that it designed the
Dated: September 16, 2016. 6.6 The Exchange also proposes to revise telephone booths for use by Designated
Lynn M. Powalski, the definition of ‘‘Trading Floor’’ to Market Makers (‘‘DMMs’’) and DMMs
Deputy Secretary.
reflect the renaming of a portion of its could use this space to communicate
physical area and relocation of where with issuers. However, the telephone
[FR Doc. 2016–22906 Filed 9–19–16; 4:15 pm]
NYSE Amex-listed options are traded.7 booths could be used by anyone with
BILLING CODE 8011–01–P The Exchange currently defines access to the Trading Floor, including
‘‘Trading Floor’’ in Rule 6A to mean the Floor Brokers.13 In the Exchange’s view,
restricted-access physical areas a DMM’s use of a personal cellular
SECURITIES AND EXCHANGE designated by the Exchange for the
COMMISSION telephone while within a telephone
trading of securities, commonly known booth to communicate with an issuer is
[Release No. 34–78855; File No. SR–NYSE– as the ‘‘Main Room,’’ the ‘‘Blue Room,’’ no different than a DMM’s use of a
2016–31] and the ‘‘Garage.’’ 8 Rule 6A then personal cellular telephone to
excludes from the definition of ‘‘Trading communicate with an issuer from a
Self-Regulatory Organizations; New Floor’’ those areas designated by the DMM’s office off the Exchange or while
York Stock Exchange LLC; Order Exchange where NYSE Amex-listed outside the restricted-access areas of the
Granting Approval of Proposed Rule options are traded, commonly known as Floor.14
Change Amending NYSE Rule 6A To the ‘‘Extended Blue Room,’’ which, for The Exchange states in its filing that,
Exclude the Physical Area Within Fully the purposes of the Exchange’s Rules, while in a telephone booth, a DMM
Enclosed Telephone Booths Located are referred to as the ‘‘NYSE Amex would not have access to any time and
in 18 Broad Street From the Definition Options Trading Floor.’’ 9 place information that he or she may
of Trading Floor The Exchange proposes to exclude an have at a trading post. According to the
additional area from the definition of Exchange, the following aspects of the
September 15, 2016. Trading Floor. Specifically, the proposal telephone booths would create privacy:
I. Introduction would exclude from the defined Trading (1) The closest location of any Floor
Floor the physical area within fully Broker operations, which also contains
On May 31, 2016, New York Stock
enclosed telephone booths located in 18 privacy barriers, is approximately forty
Exchange LLC (‘‘NYSE’’ or the
Broad Street at the Southeast wall of the (40) feet from the proposed location of
‘‘Exchange’’) filed with the Securities Trading Floor.10 These telephone booths
and Exchange Commission the telephone booths; (2) there are high
are located in a vestibule area adjacent arching walls with limited line and
(‘‘Commission’’), pursuant to Section to the 18 Broad Street elevator banks
19(b)(1) of the Securities Exchange Act sight vision separating the telephone
that provide access to the Trading Floor. booths from any trading posts on the
of 1934 (‘‘Act’’) 1 and Rule 19b–4 The vestibule area is separated from the
thereunder,2 a proposed rule change to Trading Floor; and (3) the telephone
equity trading areas of the Main Room booths are fully enclosed so any
amend NYSE Rule 6A (‘‘Trading Floor’’) by approximately forty (40) feet and a
to exclude a physical area within fully conversation that would occur would
partial physical barrier. The Exchange take place behind closed doors. The
enclosed telephone booths located in 18
Broad Street from the definition of 5 See Securities Exchange Act Release No. 78442
Exchange states that it ‘‘believes that the
Trading Floor. The proposed rule (July 29, 2016), 81 FR 51521 (August 4, 2016). The combination of these visual and
change was published for comment in Commission designated September 15, 2016 as the acoustical barriers would substantially
the Federal Register on June 17, 2016.3 date by which it shall approve, disapprove, or
mstockstill on DSK3G9T082PROD with NOTICES

institute proceedings to determine whether to 11 See Notice, supra note 3, at 39722–23.
On July 29, 2016, pursuant to Section disapprove the proposed rule change. 12 See NYSE Rule 36, Supplementary Material
19(b)(2) of the Act,4 the Commission 6 See, infra, notes 16–17 and accompanying text.
.23.
7 See proposed Rule 6A. 13 Currently, Floor Brokers on the Trading Floor
1 15 U.S.C. 78s(b)(1). 8 See NYSE Rule 6A; see also Securities Exchange
are only allowed to use an approved telephone line
2 17 CFR 240.19b–4. Act Release No. 59479 (Mar. 2, 2009), 74 FR 10325 or Exchange authorized and provided portable
3 See Securities Exchange Act Release No. 78057 (Mar. 10, 2009) (SR–NYSE–2009–23). phone. See NYSE Rule, Supplementary Material .20
(June 13, 2016), 81 FR 39722 (‘‘Notice’’). 9 See NYSE Rule 6A. and .21.
4 15 U.S.C. 78s(b)(2). 10 See proposed Rule 6A. 14 See Notice, supra note 3, at 39723.

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Document Created: 2016-09-21 01:31:02
Document Modified: 2016-09-21 01:31:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 64966