81 FR 88304 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Rules Governing Business Continuity and Disaster Recovery Planning
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 235 (December 7, 2016)
Federal Register Volume 81, Issue 235 (December 7, 2016)
| Page Range | 88304-88306 | |
| FR Document | 2016-29288 |
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)] [Notices] [Pages 88304-88306] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29288] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79443; File No. SR-NYSEMKT-2016-109] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Rules Governing Business Continuity and Disaster Recovery Planning December 1, 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 November 22, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. 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 its rules governing business continuity and disaster recovery to delete Rule 49--Equities (Emergency Powers) and set an operative date for Rule 49--Equities (Exchange Business Continuity and Disaster Recovery Plans and Mandatory Testing). 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 proposes to amend its rules governing business continuity and disaster recovery to delete Rule 49--Equities (Emergency Powers) (``Print as P Rule'') and set an operative date for Rule 49-- Equities (Exchange Business Continuity and Disaster Recovery Plans and Mandatory Testing) (``Rule 49''). The Exchange proposes to make these changes because the Exchange has completed testing of the operation of Rule 49 in its Disaster Recovery ``DR'' facility and therefore plans to implement it. Accordingly, the Exchange proposes to delete its Print as P Rule as obsolete, with an operative date of November 23, 2016. On September 29, 2016, the Commission approved amendments to the Exchange's business continuity and disaster recovery plans.\4\ In that filing, the Exchange added the following preamble to the Print as P Rule: --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 78917 (September 23, 2016), 81 FR 67036 (September 29, 2016) (SR-NYSEMKT-2016-68) (order granting approval of proposed rule change, as modified by Amendment No. 1 and Partial Amendment No. 2). --------------------------------------------------------------------------- This version of Rule 49--Equities will remain operative until the proposed rule changes described in SR-NYSEMKT-2016-68 are approved and the Exchange files a separate proposed rule change to delete this version of Rule 49--Equities and preamble and to establish the operative date of paragraph (a) of ``Rule 49--Equities. Exchange Business Continuity and Disaster Recovery Plans and Mandatory Testing.'' Subject to such separate proposed rule change, the Exchange will announce via Trader [[Page 88305]] Update the operative date of the deletion of this Rule and implementation of paragraph (a) of Rule 49--Equities. Exchange Business Continuity and Disaster Recovery Plans and Mandatory Testing. In addition, the Exchange added the following preamble to Rule 49 and added an ``N'' modifier to Rule 49(b), to distinguish it from paragraph (b) of the Print as P Rule. The Exchange will file a separate proposed rule change to establish the operative date of paragraph (a) of this version of Rule 49-- Equities and to delete ``Rule 49--Equities. Emergency Powers'' and this preamble. Until such time, ``Rule 49--Equities. Emergency Powers'' will remain operative. Subject to such separate proposed rule change, the Exchange will announce via Trader Update the operative date of paragraph (a) of this Rule and deletion of ``Rule 49--Equities. Emergency Powers.'' Member organizations required to test Exchange Backup Systems under paragraph (b)(N) of this Rule will be required to test trading on the Exchange's Disaster Recovery Facility under paragraph (a) of this Rule on date(s) to be determined by the Exchange. Such mandatory testing dates will be announced by Trader Update. On November 5 and 19, 2016, the Exchange held the mandatory testing sessions for the operation of Rule 49 in the DR facility.\5\ The Exchange has determined that these tests were successful because all member organizations required to test trading on the Exchange's DR facility, as specified in the second paragraph of the preamble to Rule 49, participated in the tests and the DR facility operated as provided for in Rule 49. Accordingly, the Exchange proposes to retire its Print as P Rule and implement Rule 49 operative November 23, 2016. --------------------------------------------------------------------------- \5\ The Exchange announced by Trader Update that industry tests would be held on November 5, 2016 and November 19, 2016. See NYSE Trader Updates, dated September 9 and 16, 2016, available at https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSE_and_NYSE_MKT_DR_Trader_Update_Final.pdf and https://www.nyse.com/publicdocs/nyse/markets/nyse/DR_Testing.pdf. --------------------------------------------------------------------------- The Exchange therefore proposes to:Delete the Print as P Rule, including the preamble; Delete the explanatory preamble to Rule 49; and Delete the ``N'' modifier to new Rule 49(b), which distinguished new Rule 49(b) from the Print as P Rule 49(b). In addition to this proposed rule change, the Exchange proposes to announce the operative date of November 23, 2016 via Trader Update.\6\ --------------------------------------------------------------------------- \6\ New York Stock Exchange LLC, the Exchange's affiliate, has also submitted substantially the same proposed rule change to propose the same changes as described herein. See SR-NYSE-2016-81. In addition, NYSE Arca, Inc., the Exchange's affiliate, has submitted a proposed rule change to delete NYSE Arca Equities Rule 2.100, which allowed it to act on behalf of and at the direction of the Exchange if the Exchange invoked its Print as P Rule. See SR- NYSEArca-2016-154. --------------------------------------------------------------------------- 2. Statutory Basis The proposed rule changes are consistent with Section 6(b) of the Act,\7\ in general, and further the objectives of Section 6(b)(5) of the Act,\8\ in particular, in that they are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the 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). --------------------------------------------------------------------------- In particular, the Exchange believes that amending its rules to delete the Print as P Rule, which is no longer operative after the successful completion of mandatory testing by the Exchange's member organizations of the operation of Rule 49, would promote the protection of investors and the public interest because it would promote clarity and transparency on the Exchange rules governing the Exchange's business continuity and disaster recovery planning. The Exchange further believes that deleting the superseded rule that was applicable only to the prior disaster recovery plan, deleting the preamble to Rule 49, and deleting the ``N'' modifier that distinguished the new rule from the now obsolete rule would remove impediments to and perfect the mechanism of a national market system because these proposed changes would add greater clarity to the Exchange's rules and promote market transparency and efficiency. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change would 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 competitive issues but rather is designed to facilitate trading in Exchange-listed securities on its DR facility. As such, the Exchange believes that the proposed rule change would promote competition for the benefit of market participants and investors generally because it provides transparency on the Exchange rules which would govern trading in Exchange traded securities if they trade on the Exchange's DR facility and greater efficiency and transparency concerning trading on the Exchange in the event of a disaster. 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 The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\ 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 prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b- 4(f)(6)(iii) thereunder. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A)(iii). \10\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b4(f)(6)(iii),\12\ the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. --------------------------------------------------------------------------- \11\ 17 CFR 240.19b-4(f)(6). \12\ 17 CFR 240.19b-4(f)(6)(iii). --------------------------------------------------------------------------- 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 because doing so would allow the Exchange to more quickly implement a business continuity and disaster recovery plan under which the Exchange no longer relies on the facilities of an affiliated exchange. Therefore, the Commission hereby [[Page 88306]] waives the 30-day operative delay and designates the proposed rule change to be operative upon filing with the Commission.\13\ --------------------------------------------------------------------------- \13\ For purposes only of waiving the operative delay for this proposal, the Commission has 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 such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \14\ 15 U.S.C. 78s(b)(2)(B). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NYSEMKT-2016-109 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-NYSEMKT-2016-109. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEMKT-2016-109 and should be submitted on or before December 28, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\15\ --------------------------------------------------------------------------- \15\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2016-29288 Filed 12-6-16; 8:45 am] BILLING CODE 8011-01-P
![88304 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices
the proposed rule change to be operative Reference Room, 100 F Street NE., available on the Exchange’s Web site at
upon filing.12 Washington, DC 20549 on official www.nyse.com, at the principal office of
At any time within 60 days of the business days between the hours of the Exchange, and at the Commission’s
filing of such proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the Public Reference Room.
Commission summarily may filing also will be available for
temporarily suspend such rule change if II. Self-Regulatory Organization’s
inspection and copying at the principal
it appears to the Commission that such office of the Exchange. All comments Statement of the Purpose of, and
action is necessary or appropriate in the received will be posted without change; Statutory Basis for, the Proposed Rule
public interest, for the protection of the Commission does not edit personal Change
investors, or otherwise in furtherance of identifying information from In its filing with the Commission, the
the purposes of the Act. If the submissions. You should submit only self-regulatory organization included
Commission takes such action, the information that you wish to make statements concerning the purpose of,
Commission shall institute proceedings available publicly. All submissions and basis for, the proposed rule change
under Section 19(b)(2)(B)13 of the Act to should refer to File Number SR– and discussed any comments it received
determine whether the proposed rule NYSEArca–2016–152 and should be on the proposed rule change. The text
change should be approved or submitted on or December 28, 2016. of those statements may be examined at
disapproved. For the Commission, by the Division of the places specified in Item IV below.
IV. Solicitation of Comments Trading and Markets, pursuant to delegated The Exchange has prepared summaries,
authority.14 set forth in sections A, B, and C below,
Interested persons are invited to Brent J. Fields, of the most significant parts of such
submit written data, views, and statements.
Secretary.
arguments concerning the foregoing,
[FR Doc. 2016–29290 Filed 12–6–16; 8:45 am] A. Self-Regulatory Organization’s
including whether the proposed rule
change is consistent with the Act. BILLING CODE 8011–01–P Statement of the Purpose of, and the
Comments may be submitted by any of Statutory Basis for, the Proposed Rule
the following methods: Change
SECURITIES AND EXCHANGE
Electronic Comments COMMISSION 1. Purpose
• Use the Commission’s Internet [Release No. 34–79443; File No. SR– The Exchange proposes to amend its
comment form (http://www.sec.gov/ NYSEMKT–2016–109] rules governing business continuity and
rules/sro.shtml); or disaster recovery to delete Rule 49—
• Send an email to rule-comments@ Self-Regulatory Organizations; NYSE Equities (Emergency Powers) (‘‘Print as
sec.gov. Please include File Number SR– MKT LLC; Notice of Filing and P Rule’’) and set an operative date for
NYSEArca–2016–152 on the subject Immediate Effectiveness of Proposed Rule 49—Equities (Exchange Business
line. Rule Change Amending Its Rules Continuity and Disaster Recovery Plans
Governing Business Continuity and and Mandatory Testing) (‘‘Rule 49’’).
Paper Comments
Disaster Recovery Planning The Exchange proposes to make these
• Send paper comments in triplicate changes because the Exchange has
to Secretary, Securities and Exchange December 1, 2016.
completed testing of the operation of
Commission, 100 F Street NE., Pursuant to Section 19(b)(1) 1 of the Rule 49 in its Disaster Recovery ‘‘DR’’
Washington, DC 20549–1090. Securities Exchange Act of 1934 (the facility and therefore plans to
All submissions should refer to File ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 implement it. Accordingly, the
Number SR–NYSEArca–2016–152. This notice is hereby given that on November Exchange proposes to delete its Print as
file number should be included on the 22, 2016, NYSE MKT LLC (the P Rule as obsolete, with an operative
subject line if email is used. To help the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with date of November 23, 2016.
Commission process and review your the Securities and Exchange On September 29, 2016, the
comments more efficiently, please use Commission (the ‘‘Commission’’) the Commission approved amendments to
only one method. The Commission will proposed rule change as described in the Exchange’s business continuity and
post all comments on the Commission’s Items I and II below, which Items have disaster recovery plans.4 In that filing,
Internet Web site (http://www.sec.gov/ been prepared by the Exchange. The the Exchange added the following
rules/sro.shtml). Copies of the Commission is publishing this notice to preamble to the Print as P Rule:
submission, all subsequent solicit comments on the proposed rule This version of Rule 49—Equities will
amendments, all written statements change from interested persons. remain operative until the proposed rule
with respect to the proposed rule I. Self-Regulatory Organization’s changes described in SR–NYSEMKT–
change that are filed with the Statement of the Terms of Substance of 2016–68 are approved and the Exchange
Commission, and all written the Proposed Rule Change files a separate proposed rule change to
communications relating to the delete this version of Rule 49—Equities
proposed rule change between the The Exchange proposes to amend its
and preamble and to establish the
Commission and any person, other than rules governing business continuity and
operative date of paragraph (a) of ‘‘Rule
those that may be withheld from the disaster recovery to delete Rule 49—
49—Equities. Exchange Business
public in accordance with the Equities (Emergency Powers) and set an
Continuity and Disaster Recovery Plans
asabaliauskas on DSK3SPTVN1PROD with NOTICES
provisions of 5 U.S.C. 552, will be operative date for Rule 49—Equities
and Mandatory Testing.’’ Subject to
available for Web site viewing and (Exchange Business Continuity and
such separate proposed rule change, the
printing in the Commission’s Public Disaster Recovery Plans and Mandatory
Exchange will announce via Trader
Testing). The proposed rule change is
12 For purposes only of waiving the 30-day 4 See Securities Exchange Act Release No. 78917
14 17 CFR 200.30–3(a)(12).
operative delay, the Commission has considered the (September 23, 2016), 81 FR 67036 (September 29,
1 15 U.S.C.78s(b)(1).
proposed rule’s impact on efficiency, competition, 2016) (SR–NYSEMKT–2016–68) (order granting
and capital formation. See 15 U.S.C. 78c(f). 2 15 U.S.C. 78a.
approval of proposed rule change, as modified by
13 15 U.S.C. 78s(b)(2)(B). 3 17 CFR 240.19b–4. Amendment No. 1 and Partial Amendment No. 2).
VerDate Sep<11>2014 17:54 Dec 06, 2016 Jkt 241001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1](https://thefederalregister.org/doc/81_FR_88539/page/1.svg)
![88306 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices
waives the 30-day operative delay and provisions of 5 U.S.C. 552, will be operative date for Rule 49 (Exchange
designates the proposed rule change to available for Web site viewing and Business Continuity and Disaster
be operative upon filing with the printing in the Commission’s Public Recovery Plans and Mandatory Testing).
Commission.13 Reference Room, 100 F Street NE., The proposed rule change is available
At any time within 60 days of the Washington, DC 20549 on official on the Exchange’s Web site at
filing of such proposed rule change, the business days between the hours of www.nyse.com, at the principal office of
Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the the Exchange, and at the Commission’s
temporarily suspend such rule change if filing also will be available for Public Reference Room.
it appears to the Commission that such inspection and copying at the principal
action is necessary or appropriate in the office of the Exchange. All comments II. Self-Regulatory Organization’s
public interest, for the protection of received will be posted without change; Statement of the Purpose of, and
investors, or otherwise in furtherance of the Commission does not edit personal Statutory Basis for, the Proposed Rule
the purposes of the Act. If the identifying information from Change
Commission takes such action, the submissions. You should submit only In its filing with the Commission, the
Commission shall institute proceedings information that you wish to make self-regulatory organization included
under Section 19(b)(2)(B) 14 of the Act to available publicly. All submissions statements concerning the purpose of,
determine whether the proposed rule should refer to File Number SR– and basis for, the proposed rule change
change should be approved or NYSEMKT–2016–109 and should be and discussed any comments it received
disapproved. submitted on or before December 28, on the proposed rule change. The text
IV. Solicitation of Comments 2016. of those statements may be examined at
For the Commission, by the Division of the places specified in Item IV below.
Interested persons are invited to The Exchange has prepared summaries,
Trading and Markets, pursuant to delegated
submit written data, views, and authority.15 set forth in sections A, B, and C below,
arguments concerning the foregoing, of the most significant parts of such
Brent J. Fields,
including whether the proposed rule statements.
Secretary.
change is consistent with the Act.
Comments may be submitted by any of [FR Doc. 2016–29288 Filed 12–6–16; 8:45 am] A. Self-Regulatory Organization’s
the following methods: BILLING CODE 8011–01–P Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Electronic Comments Change
• Use the Commission’s Internet SECURITIES AND EXCHANGE
COMMISSION 1. Purpose
comment form (http://www.sec.gov/
rules/sro.shtml); or [Release No. 34–79444; File No. SR–NYSE– The Exchange proposes to amend its
• Send an email to rule-comments@ 2016–81] rules governing business continuity and
sec.gov. Please include File Number SR– disaster recovery to delete Rule 49
NYSEMKT–2016–109 on the subject Self-Regulatory Organizations; New (Emergency Powers) (‘‘Print as P Rule’’)
line. York Stock Exchange LLC; Notice of and set an operative date for Rule 49
Filing and Immediate Effectiveness of (Exchange Business Continuity and
Paper Comments Proposed Rule Change Amending Its Disaster Recovery Plans and Mandatory
• Send paper comments in triplicate Rules Governing Business Continuity Testing) (‘‘Rule 49’’). The Exchange
to Brent J. Fields, Secretary, Securities and Disaster Recovery proposes to make these changes because
and Exchange Commission, 100 F Street the Exchange has completed testing of
NE., Washington, DC 20549–1090. December 1, 2016.
the operation of Rule 49 in its Disaster
All submissions should refer to File Pursuant to Section 19(b)(1) 1 of the Recovery ‘‘DR’’ facility and therefore
Number SR–NYSEMKT–2016–109. This Securities Exchange Act of 1934 (the plans to implement it. Accordingly, the
file number should be included on the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Exchange proposes to delete its Print as
subject line if email is used. To help the notice is hereby given that on November P Rule as obsolete, with an operative
Commission process and review your 22, 2016, New York Stock Exchange date of November 23, 2016.
comments more efficiently, please use LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed On September 29, 2016, the
only one method. The Commission will with the Securities and Exchange Commission approved amendments to
post all comments on the Commission’s Commission (the ‘‘Commission’’) the the Exchange’s business continuity and
Internet Web site (http://www.sec.gov/ proposed rule change as described in disaster recovery plans.4 In that filing,
rules/sro.shtml). Copies of the Items I and II below, which Items have the Exchange added the following
submission, all subsequent been prepared by the Exchange. The preamble to the Print as P Rule:
amendments, all written statements Commission is publishing this notice to This version of Rule 49 will remain
with respect to the proposed rule solicit comments on the proposed rule operative until the proposed rule
change that are filed with the change from interested persons. changes described in SR–NYSE–2016–
Commission, and all written I. Self-Regulatory Organization’s 48 are approved and the Exchange files
communications relating to the Statement of the Terms of Substance of a separate proposed rule change to
proposed rule change between the the Proposed Rule Change delete this version of Rule 49 and
Commission and any person, other than preamble and to establish the operative
asabaliauskas on DSK3SPTVN1PROD with NOTICES
The Exchange proposes to amend its
those that may be withheld from the date of paragraph (a) of ‘‘Rule 49.
rules governing business continuity and
public in accordance with the Exchange Business Continuity and
disaster recovery to delete Rule 49
Disaster Recovery Plans and Mandatory
13 For purposes only of waiving the operative
(Emergency Powers) and set an
delay for this proposal, the Commission has 4 See Securities Exchange Act Release No. 78916
15 17 CFR 200.30–3(a)(12).
considered the proposed rule’s impact on (September 23, 2016), 81 FR 67029 (September 29,
1 15 U.S.C.78s(b)(1).
efficiency, competition, and capital formation. See 2016) (SR–NYSE–2016–48) (order granting approval
15 U.S.C. 78c(f). 2 15 U.S.C. 78a.
of proposed rule change, as modified by
14 15 U.S.C. 78s(b)(2)(B). 3 17 CFR 240.19b–4. Amendment No. 1 and Partial Amendment No. 2).
VerDate Sep<11>2014 17:54 Dec 06, 2016 Jkt 241001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1](https://thefederalregister.org/doc/81_FR_88539/page/3.svg)
Document Created: 2016-12-07 05:31:15
Document Modified: 2016-12-07 05:31:15
| 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 88304 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR