81_FR_8846 81 FR 8812 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.35P To Provide for Price Collar Thresholds for Trading Halt Auctions

81 FR 8812 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.35P To Provide for Price Collar Thresholds for Trading Halt Auctions

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 34 (February 22, 2016)

Page Range8812-8813
FR Document2016-03523

Federal Register, Volume 81 Issue 34 (Monday, February 22, 2016)
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Pages 8812-8813]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03523]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77140; File No. SR-NYSEArca-2016-27]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.35P 
To Provide for Price Collar Thresholds for Trading Halt Auctions

February 16, 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 February 4, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.35P to provide for price 
collar thresholds for Trading Halt Auctions. The proposed rule change 
is available on the Exchange's Web site at www.nyse.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 7.35P to provide for price 
collar thresholds for Trading Halt Auctions on Pillar. As previously 
described, the Exchange is in the process of implementing Pillar, its 
new trading platform.\4\ The Exchange anticipates beginning migrating 
symbols to Pillar on February 22, 2016. As symbols migrate to Pillar, 
specified current rules not designated with ``P'' will no longer be 
applicable, and rules with a ``P'' designation will govern the 
applicable conduct. With respect to auctions, on Pillar, current Rules 
1.1(s) and 7.35 will no longer govern trading; Rule 7.35P will govern 
all aspects of auctions on Pillar.\5\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 74951 (May 13, 
2015), 80 FR 28721 (May 19, 2015) (Notice) and 75494 (July 20, 
2015), 80 FR 44170 (July 24, 2015) (Order) (SR-NYSEArca-2015-38) 
(``Pillar I Filing''); 75497 (July 21, 2015), 80 FR 45022 (July 28, 
2015) (Notice) and 76267 (Oct. 26, 2015), 80 FR 66951 (Oct. 30, 
2015) (Order) (SR-NYSEArca-2015-56)(``Pillar II Filing''); 75467 
(July 16, 2015), 80 FR 43515 (July 22, 2015) (Notice) and 76198 
(Oct. 20, 2015), 80 FR 65274 (Oct. 26, 2015) (Order) (SR-NYSEArca-
2015-58) (``Pillar III Filing''); and 76085 (Oct. 6, 2015), 80 FR 
61513 (Oct. 13, 2015) (Notice) and 76869 (Jan. 11, 2016), 81 FR 2276 
(Jan. 15, 2016) (Order) (SR-NYSEArca-2015-86) (``Pillar Auction 
Filing'').
    \5\ See Pillar Auction Filing.
---------------------------------------------------------------------------

    The Exchange recently amended Rule 1.1(s) to provide for price 
collar thresholds for Trading Halt Auctions on a temporary basis.\6\ 
However, Rule 1.1(s)(B) will not be applicable to trading on Pillar. 
Accordingly, the Exchange proposes to amend Rule 7.35P to adopt price 
collar thresholds for Trading Halt Auctions on the same terms and 
conditions as approved in Rule 1.1(s)(B). As proposed, Rule 
7.35P(a)(10) would be amended to add reference to Trading Halt Auctions 
by providing that ``Auction Collar'' would mean the price collar 
thresholds for the Indicative Match Price for the Core Open Auction, 
Trading Halt Auction, or Closing Auction.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 76994 (Jan. 28, 
2016) (SR-NYSEArca-2015-121) (Approval Order) (``Trading Halt 
Auction Collar Filing''). Rule 1.1(s)(B) will be in effect until 
July 28, 2016.
---------------------------------------------------------------------------

    The Exchange would further amend Rule 7.35P(a)(10)(A) to add the 
specified percentages for price collar thresholds for Trading Halt 
Auctions. Consistent with Rule 1.1(s)(B), the price collar thresholds 
for Trading Halt Auctions would be 10% for securities with a 
consolidated last sale price of $25.00 or less, 5% for securities with 
a consolidated last sale price greater than $25.00 but less than or 
equal to $50.00, and 3% for securities with a consolidated last sale 
price greater than $50.00. The Exchange proposes a non-substantive 
difference from Rule 1.1(s) to refer to the ``Auction Reference Price'' 
in Rule 7.35P instead of the last consolidated sale price. Rule 7.35P 
defines the term ``Auction Reference Price'' for the Trading Halt 
Auction to be the last consolidated round-lot price of that trading 
day, and if none, the prior trading day's Official Closing Price. 
Because the Rule 7.35P Auction Reference Price for Trading Halt 
Auctions is based on the same reference price for Trading Halt Auctions 
as specified in Rule 1.1(s)(B), the Exchange proposes in Rule 7.35P to 
reference the term ``Auction Reference Price'' rather than refer to the 
last consolidated sale price.
    Finally, as with Rule 1.1(s), the Exchange proposes that the price 
collar thresholds for Trading Halt Auctions would be in effect 
temporarily. Because the Rule 1.1(s)(B) Trading Halt Auction collars 
will be in effect until July 28, 2016, the Exchange proposes that the 
price collar thresholds specified in Rule 7.35P(a)(10)(A) applicable to 
Trading Halt Auctions would similarly be in effect until July 28, 2016.
    As the Exchange noted in the Trading Halt Auction Collar Filing, 
the Exchange is continuing its analysis to identify what changes, if 
any, would be appropriate for how the Exchange conducts its Trading 
Halt Auctions and, based on this analysis, will file a separate rule 
proposal to either make the price collar thresholds for Trading Halt 
Auctions permanent or propose other or additional changes to the re-
opening auction process.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\7\ in general, and 
furthers the objectives of Section 6(b)(5),\8\ in particular, because 
it is designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster

[[Page 8813]]

cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to, and perfect the 
mechanism of, a free and open market and a national market system and, 
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange recently amended Rule 1.1(s) to provide price collar 
thresholds for Trading Halt Auctions on a temporary basis. However, the 
Exchange will be migrating symbols to its Pillar trading platform and 
Rule 1.1(s) will no longer govern auctions on the Exchange once a 
symbol trades on Pillar. The Exchange therefore believes that it would 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system to provide that the rule that 
governs auctions on the Exchange on Pillar be amended to reflect 
recently approved changes to Rule 1.1(s)(B). The Exchange further 
believes the proposed price collar thresholds for Trading Halt 
Auctions, which would be based on the numerical guidelines set forth in 
Rule 7.10(c)(1) and Rule 1.1(s)(B), would also remove impediments to 
and perfect the mechanism of a fair and orderly market and protect 
investors and the public interest because they would reduce the 
potential for a Trading Halt Auction to be a clearly erroneous 
execution on Pillar.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue but rather to provide for a 
price protection mechanism to prevent Trading Halt Auctions from 
occurring at prices that could be a clearly erroneous execution.

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

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

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \11\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
stated that it anticipates beginning the migration of symbols to Pillar 
on February 22, 2016 and therefore there would be symbols trading on 
the Exchange that will no longer be governed by Rule 7.35 or 1.1(s) in 
less than 30 days. The Exchange stated that waiver of the operative 
delay would allow the Exchange to immediately implement the approved 
changes to Rule 1.1(s)(B) on its Pillar trading platform without delay. 
The Commission believes the waiver of the operative delay is consistent 
with the protection of investors and the public interest. Therefore, 
the Commission hereby waives the operative delay and designates the 
proposal operative upon filing.\13\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEArca-2016-27 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2016-27. 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 such 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-2016-27, and should 
be submitted on or before March 14, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-03523 Filed 2-19-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  8812                           Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices

                                                  information that you wish to make                       on the proposed rule change. The text                       The Exchange would further amend
                                                  available publicly. All submissions                     of those statements may be examined at                   Rule 7.35P(a)(10)(A) to add the specified
                                                  should refer to File No. SR–EDGX–                       the places specified in Item IV below.                   percentages for price collar thresholds
                                                  2016–06 and should be submitted on or                   The Exchange has prepared summaries,                     for Trading Halt Auctions. Consistent
                                                  before March 14, 2016.                                  set forth in sections A, B, and C below,                 with Rule 1.1(s)(B), the price collar
                                                    For the Commission, by the Division of                of the most significant parts of such                    thresholds for Trading Halt Auctions
                                                  Trading and Markets, pursuant to delegated              statements.                                              would be 10% for securities with a
                                                  authority.55                                                                                                     consolidated last sale price of $25.00 or
                                                                                                          A. Self-Regulatory Organization’s                        less, 5% for securities with a
                                                  Brent J. Fields,                                        Statement of the Purpose of, and
                                                  Secretary.                                                                                                       consolidated last sale price greater than
                                                                                                          Statutory Basis for, the Proposed Rule                   $25.00 but less than or equal to $50.00,
                                                  [FR Doc. 2016–03525 Filed 2–19–16; 8:45 am]             Change                                                   and 3% for securities with a
                                                  BILLING CODE 8011–01–P
                                                                                                          1. Purpose                                               consolidated last sale price greater than
                                                                                                                                                                   $50.00. The Exchange proposes a non-
                                                                                                             The Exchange proposes to amend                        substantive difference from Rule 1.1(s)
                                                  SECURITIES AND EXCHANGE                                 Rule 7.35P to provide for price collar
                                                  COMMISSION                                                                                                       to refer to the ‘‘Auction Reference Price’’
                                                                                                          thresholds for Trading Halt Auctions on                  in Rule 7.35P instead of the last
                                                  [Release No. 34–77140; File No. SR–                     Pillar. As previously described, the                     consolidated sale price. Rule 7.35P
                                                  NYSEArca–2016–27]                                       Exchange is in the process of                            defines the term ‘‘Auction Reference
                                                                                                          implementing Pillar, its new trading                     Price’’ for the Trading Halt Auction to
                                                  Self-Regulatory Organizations; NYSE                     platform.4 The Exchange anticipates                      be the last consolidated round-lot price
                                                  Arca, Inc.; Notice of Filing and                        beginning migrating symbols to Pillar on                 of that trading day, and if none, the
                                                  Immediate Effectiveness of Proposed                     February 22, 2016. As symbols migrate                    prior trading day’s Official Closing
                                                  Rule Change Amending Rule 7.35P To                      to Pillar, specified current rules not                   Price. Because the Rule 7.35P Auction
                                                  Provide for Price Collar Thresholds for                 designated with ‘‘P’’ will no longer be                  Reference Price for Trading Halt
                                                  Trading Halt Auctions                                   applicable, and rules with a ‘‘P’’                       Auctions is based on the same reference
                                                  February 16, 2016.                                      designation will govern the applicable                   price for Trading Halt Auctions as
                                                     Pursuant to Section 19(b)(1) 1 of the                conduct. With respect to auctions, on                    specified in Rule 1.1(s)(B), the Exchange
                                                  Securities Exchange Act of 1934 (the                    Pillar, current Rules 1.1(s) and 7.35 will               proposes in Rule 7.35P to reference the
                                                  ‘‘Act’’),2 and Rule 19b–4 thereunder,3                  no longer govern trading; Rule 7.35P                     term ‘‘Auction Reference Price’’ rather
                                                  notice is hereby given that on February                 will govern all aspects of auctions on                   than refer to the last consolidated sale
                                                  4, 2016, NYSE Arca, Inc. (the                           Pillar.5                                                 price.
                                                  ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with                  The Exchange recently amended Rule                       Finally, as with Rule 1.1(s), the
                                                  the Securities and Exchange                             1.1(s) to provide for price collar                       Exchange proposes that the price collar
                                                  Commission (the ‘‘Commission’’) the                     thresholds for Trading Halt Auctions on                  thresholds for Trading Halt Auctions
                                                  proposed rule change as described in                    a temporary basis.6 However, Rule                        would be in effect temporarily. Because
                                                  Items I and II below, which Items have                  1.1(s)(B) will not be applicable to                      the Rule 1.1(s)(B) Trading Halt Auction
                                                  been prepared by the self-regulatory                    trading on Pillar. Accordingly, the                      collars will be in effect until July 28,
                                                  organization. The Commission is                         Exchange proposes to amend Rule 7.35P                    2016, the Exchange proposes that the
                                                  publishing this notice to solicit                       to adopt price collar thresholds for                     price collar thresholds specified in Rule
                                                  comments on the proposed rule change                    Trading Halt Auctions on the same                        7.35P(a)(10)(A) applicable to Trading
                                                  from interested persons.                                terms and conditions as approved in                      Halt Auctions would similarly be in
                                                                                                          Rule 1.1(s)(B). As proposed, Rule                        effect until July 28, 2016.
                                                  I. Self-Regulatory Organization’s                                                                                   As the Exchange noted in the Trading
                                                                                                          7.35P(a)(10) would be amended to add
                                                  Statement of the Terms of Substance of                                                                           Halt Auction Collar Filing, the Exchange
                                                                                                          reference to Trading Halt Auctions by
                                                  the Proposed Rule Change                                                                                         is continuing its analysis to identify
                                                                                                          providing that ‘‘Auction Collar’’ would
                                                     The Exchange proposes to amend                       mean the price collar thresholds for the                 what changes, if any, would be
                                                  Rule 7.35P to provide for price collar                  Indicative Match Price for the Core                      appropriate for how the Exchange
                                                  thresholds for Trading Halt Auctions.                   Open Auction, Trading Halt Auction, or                   conducts its Trading Halt Auctions and,
                                                  The proposed rule change is available                   Closing Auction.                                         based on this analysis, will file a
                                                  on the Exchange’s Web site at                                                                                    separate rule proposal to either make
                                                  www.nyse.com, at the principal office of                   4 See Securities Exchange Act Release Nos. 74951
                                                                                                                                                                   the price collar thresholds for Trading
                                                  the Exchange, and at the Commission’s                   (May 13, 2015), 80 FR 28721 (May 19, 2015)               Halt Auctions permanent or propose
                                                  Public Reference Room.                                  (Notice) and 75494 (July 20, 2015), 80 FR 44170          other or additional changes to the re-
                                                                                                          (July 24, 2015) (Order) (SR–NYSEArca–2015–38)            opening auction process.
                                                  II. Self-Regulatory Organization’s                      (‘‘Pillar I Filing’’); 75497 (July 21, 2015), 80 FR
                                                  Statement of the Purpose of, and                        45022 (July 28, 2015) (Notice) and 76267 (Oct. 26,       2. Statutory Basis
                                                                                                          2015), 80 FR 66951 (Oct. 30, 2015) (Order) (SR–
                                                  Statutory Basis for, the Proposed Rule                  NYSEArca–2015–56)(‘‘Pillar II Filing’’); 75467 (July        The proposed rule change is
                                                  Change                                                  16, 2015), 80 FR 43515 (July 22, 2015) (Notice) and      consistent with Section 6(b) of the
                                                                                                          76198 (Oct. 20, 2015), 80 FR 65274 (Oct. 26, 2015)       Securities Exchange Act of 1934 (the
                                                     In its filing with the Commission, the               (Order) (SR–NYSEArca–2015–58) (‘‘Pillar III
                                                  self-regulatory organization included                   Filing’’); and 76085 (Oct. 6, 2015), 80 FR 61513
                                                                                                                                                                   ‘‘Act’’),7 in general, and furthers the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  statements concerning the purpose of,                   (Oct. 13, 2015) (Notice) and 76869 (Jan. 11, 2016),      objectives of Section 6(b)(5),8 in
                                                  and basis for, the proposed rule change                 81 FR 2276 (Jan. 15, 2016) (Order) (SR–NYSEArca–         particular, because it is designed to
                                                                                                          2015–86) (‘‘Pillar Auction Filing’’).                    prevent fraudulent and manipulative
                                                  and discussed any comments it received                     5 See Pillar Auction Filing.
                                                                                                                                                                   acts and practices, to promote just and
                                                                                                             6 See Securities Exchange Act Release No. 76994
                                                    55 17 CFR 200.30–3(a)(12).                            (Jan. 28, 2016) (SR–NYSEArca–2015–121)
                                                                                                                                                                   equitable principles of trade, to foster
                                                    1 15 U.S.C. 78s(b)(1).                                (Approval Order) (‘‘Trading Halt Auction Collar
                                                    2 15 U.S.C. 78a.                                                                                                7 15   U.S.C. 78f(b).
                                                                                                          Filing’’). Rule 1.1(s)(B) will be in effect until July
                                                    3 17 CFR 240.19b–4.                                   28, 2016.                                                 8 15   U.S.C. 78f(b)(5).



                                             VerDate Sep<11>2014   19:03 Feb 19, 2016   Jkt 238001   PO 00000   Frm 00132   Fmt 4703   Sfmt 4703   E:\FR\FM\22FEN1.SGM      22FEN1


                                                                               Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices                                                    8813

                                                  cooperation and coordination with                       as the Commission may designate, it has                 including whether the proposed rule
                                                  persons engaged in facilitating                         become effective pursuant to Section                    change is consistent with the Act.
                                                  transactions in securities, to remove                   19(b)(3)(A) of the Act 9 and Rule 19b–                  Comments may be submitted by any of
                                                  impediments to, and perfect the                         4(f)(6) thereunder.10                                   the following methods:
                                                  mechanism of, a free and open market                       A proposed rule change filed
                                                  and a national market system and, in                                                                            Electronic Comments
                                                                                                          pursuant to Rule 19b–4(f)(6) under the
                                                  general, to protect investors and the                   Act 11 normally does not become                           • Use the Commission’s Internet
                                                  public interest.                                        operative for 30 days after the date of its             comment form (http://www.sec.gov/
                                                     The Exchange recently amended Rule                   filing. However, Rule 19b–4(f)(6)(iii) 12               rules/sro.shtml); or
                                                  1.1(s) to provide price collar thresholds               permits the Commission to designate a
                                                  for Trading Halt Auctions on a                          shorter time if such action is consistent                 • Send an email to rule-comments@
                                                  temporary basis. However, the Exchange                  with the protection of investors and the                sec.gov. Please include File Number SR–
                                                  will be migrating symbols to its Pillar                 public interest. The Exchange has asked                 NYSEArca–2016–27 on the subject line.
                                                  trading platform and Rule 1.1(s) will no                the Commission to waive the 30-day                      Paper Comments
                                                  longer govern auctions on the Exchange                  operative delay so that the proposal may
                                                  once a symbol trades on Pillar. The                     become operative immediately upon                         • Send paper comments in triplicate
                                                  Exchange therefore believes that it                     filing. The Exchange stated that it                     to Brent J. Fields, Secretary, Securities
                                                  would remove impediments to and                         anticipates beginning the migration of                  and Exchange Commission, 100 F Street
                                                  perfect the mechanism of a free and                     symbols to Pillar on February 22, 2016                  NE., Washington, DC 20549–1090.
                                                  open market and a national market                       and therefore there would be symbols
                                                  system to provide that the rule that                                                                            All submissions should refer to File
                                                                                                          trading on the Exchange that will no                    Number SR–NYSEArca–2016–27. This
                                                  governs auctions on the Exchange on                     longer be governed by Rule 7.35 or
                                                  Pillar be amended to reflect recently                                                                           file number should be included on the
                                                                                                          1.1(s) in less than 30 days. The                        subject line if email is used. To help the
                                                  approved changes to Rule 1.1(s)(B). The                 Exchange stated that waiver of the
                                                  Exchange further believes the proposed                                                                          Commission process and review your
                                                                                                          operative delay would allow the                         comments more efficiently, please use
                                                  price collar thresholds for Trading Halt                Exchange to immediately implement the
                                                  Auctions, which would be based on the                                                                           only one method. The Commission will
                                                                                                          approved changes to Rule 1.1(s)(B) on                   post all comments on the Commission’s
                                                  numerical guidelines set forth in Rule                  its Pillar trading platform without delay.
                                                  7.10(c)(1) and Rule 1.1(s)(B), would also                                                                       Internet Web site (http://www.sec.gov/
                                                                                                          The Commission believes the waiver of                   rules/sro.shtml). Copies of the
                                                  remove impediments to and perfect the                   the operative delay is consistent with
                                                  mechanism of a fair and orderly market                                                                          submission, all subsequent
                                                                                                          the protection of investors and the                     amendments, all written statements
                                                  and protect investors and the public                    public interest. Therefore, the
                                                  interest because they would reduce the                                                                          with respect to the proposed rule
                                                                                                          Commission hereby waives the                            change that are filed with the
                                                  potential for a Trading Halt Auction to                 operative delay and designates the
                                                  be a clearly erroneous execution on                                                                             Commission, and all written
                                                                                                          proposal operative upon filing.13                       communications relating to the
                                                  Pillar.                                                    At any time within 60 days of the                    proposed rule change between the
                                                  B. Self-Regulatory Organization’s                       filing of the proposed rule change, the                 Commission and any person, other than
                                                  Statement on Burden on Competition                      Commission summarily may                                those that may be withheld from the
                                                                                                          temporarily suspend such rule change if                 public in accordance with the
                                                    The Exchange does not believe that                    it appears to the Commission that such
                                                  the proposed rule change will impose                                                                            provisions of 5 U.S.C. 552, will be
                                                                                                          action is necessary or appropriate in the               available for Web site viewing and
                                                  any burden on competition that is not                   public interest, for the protection of
                                                  necessary or appropriate in furtherance                                                                         printing in the Commission’s Public
                                                                                                          investors, or otherwise in furtherance of               Reference Room, 100 F Street NE.,
                                                  of the purposes of the Act. The                         the purposes of the Act. If the
                                                  proposed change is not designed to                                                                              Washington, DC 20549 on official
                                                                                                          Commission takes such action, the                       business days between the hours of
                                                  address any competitive issue but rather                Commission shall institute proceedings
                                                  to provide for a price protection                                                                               10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                          to determine whether the proposed rule                  filing also will be available for
                                                  mechanism to prevent Trading Halt                       change should be approved or
                                                  Auctions from occurring at prices that                                                                          inspection and copying at the principal
                                                                                                          disapproved.                                            office of the Exchange. All comments
                                                  could be a clearly erroneous execution.
                                                                                                          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                      9 15  U.S.C. 78s(b)(3)(A).
                                                                                                                                                                  available publicly. All submissions
                                                  or received with respect to the proposed                  10 17  CFR 240.19b–4(f)(6). As required under Rule    should refer to File Number SR–
                                                  rule change.                                            19b–4(f)(6)(iii), the Exchange provided the             NYSEArca–2016–27, and should be
                                                                                                          Commission with written notice of its intent to file    submitted on or before March 14, 2016.
                                                  III. Date of Effectiveness of the                       the proposed rule change, along with a brief
                                                  Proposed Rule Change and Timing for                     description and the text of the proposed rule             For the Commission, by the Division of
                                                  Commission Action                                       change, at least five business days prior to the date   Trading and Markets, pursuant to delegated
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          of filing of the proposed rule change, or such          authority.14
                                                     Because the proposed rule change                     shorter time as designated by the Commission.
                                                                                                                                                                  Brent J. Fields,
                                                  does not (i) significantly affect the                      11 17 CFR 240.19b–4(f)(6).

                                                  protection of investors or the public                      12 17 CFR 240.19b–4(f)(6)(iii).                      Secretary.
                                                  interest; (ii) impose any significant                      13 For purposes only of waiving the 30-day           [FR Doc. 2016–03523 Filed 2–19–16; 8:45 am]
                                                                                                          operative delay, the Commission has also
                                                  burden on competition; and (iii) become                 considered the proposed rule’s impact on
                                                                                                                                                                  BILLING CODE 8011–01–P
                                                  operative for 30 days from the date on                  efficiency, competition, and capital formation. See
                                                  which it was filed, or such shorter time                15 U.S.C. 78c(f).                                         14 17   CFR 200.30–3(a)(12).



                                             VerDate Sep<11>2014   19:03 Feb 19, 2016   Jkt 238001   PO 00000   Frm 00133   Fmt 4703   Sfmt 9990   E:\FR\FM\22FEN1.SGM      22FEN1



Document Created: 2016-02-19 23:56:53
Document Modified: 2016-02-19 23:56:53
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 8812 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR