81_FR_88541 81 FR 88306 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Rules Governing Business Continuity and Disaster Recovery

81 FR 88306 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Rules Governing Business Continuity and Disaster Recovery

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 235 (December 7, 2016)

Page Range88306-88308
FR Document2016-29289

Federal Register, Volume 81 Issue 235 (Wednesday, December 7, 2016)
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Notices]
[Pages 88306-88308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29289]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79444; File No. SR-NYSE-2016-81]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Amending Its Rules Governing Business Continuity and Disaster Recovery

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, New York Stock Exchange LLC (``NYSE'' 
or the ``Exchange'') 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.
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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 amend its rules governing business 
continuity and disaster recovery to delete Rule 49 (Emergency Powers) 
and set an operative date for Rule 49 (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 (Emergency Powers) 
(``Print as P Rule'') and set an operative date for Rule 49 (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:
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    \4\ See Securities Exchange Act Release No. 78916 (September 23, 
2016), 81 FR 67029 (September 29, 2016) (SR-NYSE-2016-48) (order 
granting approval of proposed rule change, as modified by Amendment 
No. 1 and Partial Amendment No. 2).
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    This version of Rule 49 will remain operative until the proposed 
rule changes described in SR-NYSE-2016-48 are approved and the Exchange 
files a separate proposed rule change to delete this version of Rule 49 
and preamble and to establish the operative date of paragraph (a) of 
``Rule 49. Exchange Business Continuity and Disaster Recovery Plans and 
Mandatory

[[Page 88307]]

Testing.'' Subject to such separate proposed rule change, the Exchange 
will announce via Trader Update the operative date of the deletion of 
this Rule and implementation of paragraph (a) of Rule 49. 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 and to 
delete ``Rule 49. Emergency Powers'' and this preamble. Until such 
time, ``Rule 49. 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. 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.
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    \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\
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    \6\ NYSE MKT LLC, the Exchange's affiliate, has also submitted 
substantially the same proposed rule change to propose the same 
changes as described herein. See SR-NYSEMKT-2016-109. 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.
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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.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    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 88308]]

waives the 30-day operative delay and designates the proposed rule 
change to be operative upon filing with the Commission.\13\
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    \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-NYSE-2016-81 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-NYSE-2016-81. 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-NYSE-2016-81 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\
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    \15\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-29289 Filed 12-6-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    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).



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                                                                             Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices                                              88307

                                                    Testing.’’ Subject to such separate                     announce the operative date of                         that the proposed rule change would
                                                    proposed rule change, the Exchange will                 November 23, 2016 via Trader Update.6                  promote competition for the benefit of
                                                    announce via Trader Update the                                                                                 market participants and investors
                                                                                                            2. Statutory Basis
                                                    operative date of the deletion of this                                                                         generally because it provides
                                                    Rule and implementation of paragraph                       The proposed rule changes are                       transparency on the Exchange rules
                                                    (a) of Rule 49. Exchange Business                       consistent with Section 6(b) of the Act,7              which would govern trading in
                                                    Continuity and Disaster Recovery Plans                  in general, and further the objectives of              Exchange traded securities if they trade
                                                    and Mandatory Testing.                                  Section 6(b)(5) of the Act,8 in particular,            on the Exchange’s DR facility and
                                                      In addition, the Exchange added the                   in that they are designed to prevent                   greater efficiency and transparency
                                                    following preamble to Rule 49 and                       fraudulent and manipulative acts and                   concerning trading on the Exchange in
                                                    added an ‘‘N’’ modifier to Rule 49(b), to               practices, to promote just and equitable               the event of a disaster.
                                                    distinguish it from paragraph (b) of the                principles of trade, to foster cooperation
                                                                                                            and coordination with persons engaged                  C. Self-Regulatory Organization’s
                                                    Print as P Rule.
                                                      The Exchange will file a separate                     in facilitating transactions in securities,            Statement on Comments on the
                                                    proposed rule change to establish the                   and to remove impediments to and                       Proposed Rule Change Received From
                                                    operative date of paragraph (a) of this                 perfect the mechanism of a free and                    Members, Participants, or Others
                                                    version of Rule 49 and to delete ‘‘Rule                 open market and a national market                        No written comments were solicited
                                                    49. Emergency Powers’’ and this                         system, and in general, to protect                     or received with respect to the proposed
                                                    preamble. Until such time, ‘‘Rule 49.                   investors and the public interest.                     rule change.
                                                    Emergency Powers’’ will remain                             In particular, the Exchange believes
                                                                                                            that amending its rules to delete the                  III. Date of Effectiveness of the
                                                    operative. Subject to such separate                                                                            Proposed Rule Change and Timing for
                                                    proposed rule change, the Exchange will                 Print as P Rule, which is no longer
                                                                                                            operative after the successful                         Commission Action
                                                    announce via Trader Update the
                                                    operative date of paragraph (a) of this                 completion of mandatory testing by the                    The Exchange has filed the proposed
                                                    Rule and deletion of ‘‘Rule 49.                         Exchange’s member organizations of the                 rule change pursuant to Section
                                                    Emergency Powers.’’                                     operation of Rule 49, would promote the                19(b)(3)(A)(iii) of the Act 9 and Rule
                                                      Member organizations required to test                 protection of investors and the public                 19b–4(f)(6) thereunder.10 Because the
                                                    Exchange Backup Systems under                           interest because it would promote                      proposed rule change does not: (i)
                                                    paragraph (b)(N) of this Rule will be                   clarity and transparency on the                        Significantly affect the protection of
                                                    required to test trading on the                         Exchange rules governing the                           investors or the public interest; (ii)
                                                    Exchange’s Disaster Recovery Facility                   Exchange’s business continuity and                     impose any significant burden on
                                                    under paragraph (a) of this Rule on                     disaster recovery planning. The                        competition; and (iii) become operative
                                                    date(s) to be determined by the                         Exchange further believes that deleting                prior to 30 days from the date on which
                                                    Exchange. Such mandatory testing dates                  the superseded rule that was applicable                it was filed, or such shorter time as the
                                                    will be announced by Trader Update.                     only to the prior disaster recovery plan,              Commission may designate, if
                                                      On November 5 and 19, 2016, the                       deleting the preamble to Rule 49, and                  consistent with the protection of
                                                    Exchange held the mandatory testing                     deleting the ‘‘N’’ modifier that                       investors and the public interest, the
                                                    sessions for the operation of Rule 49 in                distinguished the new rule from the                    proposed rule change has become
                                                    the DR facility.5 The Exchange has                      now obsolete rule would remove                         effective pursuant to Section 19(b)(3)(A)
                                                    determined that these tests were                        impediments to and perfect the                         of the Act and Rule 19b–4(f)(6)(iii)
                                                    successful because all member                           mechanism of a national market system                  thereunder.
                                                    organizations required to test trading on               because these proposed changes would                      A proposed rule change filed under
                                                    the Exchange’s DR facility, as specified                add greater clarity to the Exchange’s                  Rule 19b–4(f)(6) 11 normally does not
                                                    in the second paragraph of the preamble                 rules and promote market transparency                  become operative prior to 30 days after
                                                    to Rule 49, participated in the tests and               and efficiency.                                        the date of the filing. However, pursuant
                                                    the DR facility operated as provided for                B. Self-Regulatory Organization’s                      to Rule 19b4(f)(6)(iii),12 the Commission
                                                    in Rule 49. Accordingly, the Exchange                   Statement on Burden on Competition                     may designate a shorter time if such
                                                    proposes to retire its Print as P Rule and                                                                     action is consistent with the protection
                                                                                                              The Exchange does not believe that                   of investors and the public interest.
                                                    implement Rule 49 operative November                    the proposed rule change would impose
                                                    23, 2016.                                                                                                         The Exchange has asked the
                                                                                                            any burden on competition that is not                  Commission to waive the 30-day
                                                      The Exchange therefore proposes to:                   necessary or appropriate in furtherance
                                                      • Delete the Print as P Rule, including                                                                      operative delay so that the proposal may
                                                                                                            of the purposes of the Act. The                        become operative immediately upon
                                                    the preamble;
                                                                                                            proposed rule change is not designed to
                                                      • Delete the explanatory preamble to                                                                         filing. The Commission believes that
                                                                                                            address competitive issues but rather is               waiving the 30-day operative delay is
                                                    Rule 49; and
                                                      • Delete the ‘‘N’’ modifier to new                    designed to facilitate trading in                      consistent with the protection of
                                                    Rule 49(b), which distinguished new                     Exchange-listed securities on its DR                   investors and the public interest
                                                    Rule 49(b) from the Print as P Rule                     facility. As such, the Exchange believes               because doing so would allow the
                                                    49(b).                                                                                                         Exchange to more quickly implement a
                                                                                                               6 NYSE MKT LLC, the Exchange’s affiliate, has
                                                      In addition to this proposed rule                     also submitted substantially the same proposed rule
                                                                                                                                                                   business continuity and disaster
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    change, the Exchange proposes to                        change to propose the same changes as described        recovery plan under which the
                                                                                                            herein. See SR–NYSEMKT–2016–109. In addition,          Exchange no longer relies on the
                                                      5 The Exchange announced by Trader Update that        NYSE Arca, Inc., the Exchange’s affiliate, has         facilities of an affiliated exchange.
                                                    industry tests would be held on November 5, 2016        submitted a proposed rule change to delete NYSE
                                                                                                            Arca Equities Rule 2.100, which allowed it to act
                                                                                                                                                                   Therefore, the Commission hereby
                                                    and November 19, 2016. See NYSE Trader Updates,
                                                    dated September 9 and 16, 2016, available at            on behalf of and at the direction of the Exchange
                                                                                                                                                                    9 15 U.S.C. 78s(b)(3)(A)(iii).
                                                    https://www.nyse.com/publicdocs/nyse/markets/           if the Exchange invoked its Print as P Rule. See SR–
                                                    nyse/NYSE_and_NYSE_MKT_DR_Trader_Update_                NYSEArca–2016–154.                                      10 17 CFR 240.19b–4(f)(6).
                                                                                                               7 15 U.S.C. 78f(b).                                  11 17 CFR 240.19b–4(f)(6).
                                                    Final.pdf and https://www.nyse.com/publicdocs/
                                                    nyse/markets/nyse/DR_Testing.pdf.                          8 15 U.S.C. 78f(b)(5).                               12 17 CFR 240.19b–4(f)(6)(iii).




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                                                    88308                     Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices

                                                    waives the 30-day operative delay and                   available for Web site viewing and                     a hearing. Interested persons may
                                                    designates the proposed rule change to                  printing in the Commission’s Public                    request a hearing by writing to the
                                                    be operative upon filing with the                       Reference Room, 100 F Street NE.,                      Commission’s Secretary and serving
                                                    Commission.13                                           Washington, DC 20549 on official                       Applicant with a copy of the request,
                                                       At any time within 60 days of the                    business days between the hours of                     personally or by mail. Hearing requests
                                                    filing of such proposed rule change, the                10:00 a.m. and 3:00 p.m. Copies of the                 should be received by the Commission
                                                    Commission summarily may                                filing also will be available for                      by 5:30 p.m. on December 27, 2016, and
                                                    temporarily suspend such rule change if                 inspection and copying at the principal                should be accompanied by proof of
                                                    it appears to the Commission that such                  office of the Exchange. All comments                   service on Applicant, in the form of an
                                                    action is necessary or appropriate in the               received will be posted without change;                affidavit or, for lawyers, a certificate of
                                                    public interest, for the protection of                  the Commission does not edit personal                  service. Pursuant to rule 0–5 under the
                                                    investors, or otherwise in furtherance of               identifying information from                           Advisers Act, hearing requests should
                                                    the purposes of the Act. If the                         submissions. You should submit only                    state the nature of the writer’s interest,
                                                    Commission takes such action, the                       information that you wish to make                      any facts bearing upon the desirability
                                                    Commission shall institute proceedings                  available publicly. All submissions                    of a hearing on the matter, the reason for
                                                    under Section 19(b)(2)(B) 14 of the Act to              should refer to File Number SR–NYSE–                   the request, and the issues contested.
                                                    determine whether the proposed rule                     2016–81 and should be submitted on or                  Persons who wish to be notified of a
                                                    change should be approved or                            before December 28, 2016.                              hearing may request notification by
                                                    disapproved.                                                                                                   writing to the Commission’s Secretary.
                                                                                                              For the Commission, by the Division of
                                                    IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated             ADDRESSES: Secretary, U.S. Securities
                                                      Interested persons are invited to                     authority.15                                           and Exchange Commission, 100 F Street
                                                    submit written data, views, and                         Brent J. Fields,                                       NE., Washington, DC 20549–1090.
                                                    arguments concerning the foregoing,                     Secretary.                                             Applicant, Charles M. Weber, Managing
                                                    including whether the proposed rule                     [FR Doc. 2016–29289 Filed 12–6–16; 8:45 am]            Director, Robert W. Baird & Co.
                                                    change is consistent with the Act.                      BILLING CODE 8011–01–P
                                                                                                                                                                   Incorporated, 777 East Wisconsin
                                                    Comments may be submitted by any of                                                                            Avenue, Milwaukee, Wisconsin 53202
                                                    the following methods:                                                                                         and Monica Lea Parry, Morgan, Lewis &
                                                                                                            SECURITIES AND EXCHANGE                                Bockius LLP, 1111 Pennsylvania Ave.
                                                    Electronic Comments                                     COMMISSION                                             NW., Washington, DC 20004.
                                                      • Use the Commission’s Internet                                                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                            [Release No. IA–4579; File No. 803–00237]
                                                    comment form (http://www.sec.gov/                                                                              Robert Shapiro, Senior Counsel, at (202)
                                                    rules/sro.shtml); or                                    Robert W. Baird & Co. Incorporated;                    551–7758 (Chief Counsel’s Office,
                                                      • Send an email to rule-comments@                     Notice of Application                                  Division of Investment Management) or
                                                    sec.gov. Please include File Number SR–                                                                        Melissa Harke, Senior Special Counsel,
                                                    NYSE–2016–81 on the subject line.                       December 1, 2016.                                      at (202) 551–6787 (Investment Adviser
                                                    Paper Comments                                          AGENCY:  Securities and Exchange                       Regulation Office, Division of
                                                                                                            Commission (‘‘Commission’’).                           Investment Management).
                                                      • Send paper comments in triplicate                                                                          SUPPLEMENTARY INFORMATION: The
                                                                                                            ACTION: Notice of application for an
                                                    to Brent J. Fields, Secretary, Securities                                                                      following is a summary of the
                                                                                                            exemptive order under section 206A of
                                                    and Exchange Commission, 100 F Street                                                                          application. The complete application
                                                                                                            the Investment Advisers Act of 1940
                                                    NE., Washington, DC 20549–1090.                                                                                may be obtained via the Commission’s
                                                                                                            (‘‘Advisers Act’’) providing an
                                                    All submissions should refer to File                    exemption from the written disclosure                  Web site at http://www.sec.gov/rules/
                                                    Number SR–NYSE–2016–81. This file                       and consent requirements of section                    iareleases.shtml or by calling (202) 551–
                                                    number should be included on the                        206(3).                                                8090.
                                                    subject line if email is used. To help the                                                                        Applicant seeks relief from the
                                                    Commission process and review your                         Applicant: Robert W. Baird & Co.                    written disclosure and consent
                                                    comments more efficiently, please use                   Incorporated (‘‘Applicant’’).                          requirements of section 206(3) of the
                                                    only one method. The Commission will                       Relevant Advisers Act Sections:                     Advisers Act that would be similar to
                                                    post all comments on the Commission’s                   Exemption requested under section                      relief currently provided by Advisers
                                                    Internet Web site (http://www.sec.gov/                  206A from the written disclosure and                   Act rule 206(3)–3T (the ‘‘Rule’’), which
                                                    rules/sro.shtml). Copies of the                         consent requirements of section 206(3).                will expire by its terms on December 31,
                                                    submission, all subsequent                                 Summary of Application: Applicant                   2016. The relief sought by Applicant, if
                                                    amendments, all written statements                      requests that the Commission issue an                  granted, would be subject to conditions
                                                    with respect to the proposed rule                       order under section 206A exempting it                  similar to those under the Rule, as well
                                                    change that are filed with the                          and Future Advisers (as defined below)                 as certain revised or additional
                                                    Commission, and all written                             from the written disclosure and consent                conditions.
                                                    communications relating to the                          requirements of section 206(3) with
                                                    proposed rule change between the                        respect to principal transactions with                 Applicant’s Representations
                                                    Commission and any person, other than                   nondiscretionary advisory client                         1. The Applicant is registered as an
                                                    those that may be withheld from the                     accounts.                                              investment adviser with the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    public in accordance with the                              Filing Dates: The application was                   Commission and is a registered broker-
                                                    provisions of 5 U.S.C. 552, will be                     filed on October 14, 2016 and amended                  dealer. The Applicant is an employee-
                                                                                                            on November 23, 2016.                                  owned wealth management, capital
                                                       13 For purposes only of waiving the operative
                                                                                                               Hearing or Notification of Hearing: An              markets, asset management, and private
                                                    delay for this proposal, the Commission has                                                                    equity firm with operations in the
                                                    considered the proposed rule’s impact on
                                                                                                            order granting the requested relief will
                                                    efficiency, competition, and capital formation. See     be issued unless the Commission orders                 United States, Europe, and Asia. The
                                                    15 U.S.C. 78c(f).                                                                                              Applicant offers a number of advisory
                                                       14 15 U.S.C. 78s(b)(2)(B).                             15 17   CFR 200.30–3(a)(12).                         programs, including the Advisory


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Document Created: 2016-12-07 05:31:30
Document Modified: 2016-12-07 05:31:30
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 88306 

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