81 FR 89166 - Self-Regulatory Organizations; NYSE Arca, Inc.; 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 237 (December 9, 2016)
Federal Register Volume 81, Issue 237 (December 9, 2016)
| Page Range | 89166-89167 | |
| FR Document | 2016-29464 |
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)] [Notices] [Pages 89166-89167] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29464] [[Page 89166]] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79466; File No. SR-NYSEArca-2016-154] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Rules Governing Business Continuity and Disaster Recovery Planning December 5, 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 Arca, Inc. (the ``Exchange'' or ``NYSE Arca'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the 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 planning to delete Rule 2.100 (Emergency Powers) as obsolete. 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 planning to delete Rule 2.100 (Emergency Powers) (``Rule 2.100'') as obsolete. Rule 2.100 provides that if a qualified officer of an Affiliated Exchange declares an emergency condition under the rules of that Affiliated Exchange, a qualified Exchange officer may authorize the Exchange to perform the functions specified in the rule. Specifically, on the next trading day following the declaration of the Emergency Condition, the Exchange will, on behalf of and at the direction of the Affiliated Exchange, disseminate: (i) The official opening, re-opening, and closing trades of Affiliated Exchange-listed securities as messages of the Affiliated Exchange; and (ii) any notification for Affiliated Exchange-listed securities to the Consolidated Quotation System of a regulatory halt and resumption of trading thereafter, trading pause and resumption of trading thereafter, and Short Sale Price Test trigger and lifting thereafter, as messages of the Affiliated Exchange. On September 29, 2016, the Commission approved amendments to the Affiliated Exchanges' business continuity and disaster recovery plans, as described in NYSE Rule 49 and NYSE MKT Rule 49--Equities.\4\ On November 5 and 19, 2016, the Affiliated Exchanges held the mandatory testing sessions for the operation of New Rule 49.\5\ NYSE and NYSE MKT have determined that those tests were successful and are simultaneously filing proposed rule changes to delete the versions of NYSE Rule 49 and NYSE MKT Rule 49--Equities that reference Rule 2.100.\6\ The Exchange therefore proposes to delete Rule 2.100 as obsolete, operative for November 23, 2016, the same day that NYSE and NYSE MKT propose as the operative date for New Rule 49. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 78916 (September 23, 2016), 81 FR 67029 (September 29, 2016) (SR-NYSE-2016-48) and No. 78917 (September 23, 2016), 81 FR 67036 (September 29, 2016) (SR- NYSEMKT-2016-68) (approval orders). \5\ The Affiliated Exchanges 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. \6\ The Affiliated Exchanges have submitted proposed rule changes to amend their rules governing business continuity and disaster recovery. See SR-NYSE-2016-81 and SR-NYSEMKT-2016-109. --------------------------------------------------------------------------- In addition to this proposed rule change, the Exchange proposes to announce the operative date of November 23, 2016 via Trader Update. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act,\7\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\8\ in particular, in that it is 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 remove an obsolete rule that is no longer operative after the Affiliated Exchanges have implemented New 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 and the Affiliated Exchanges' business continuity and disaster recovery planning. The Exchange further believes that deleting the 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 delete a rule that is obsolete now that the Affiliated Exchanges have implemented New Rule 49. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become [[Page 89167]] operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.\9\ --------------------------------------------------------------------------- \9\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b- 4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. --------------------------------------------------------------------------- A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the Act \10\ normally does not become operative for 30 days after the date of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. According to the Exchange, the proposal would delete an obsolete rule that corresponded to rules that have been deleted by the Affiliated Exchanges. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. Therefore, the Commission hereby waives the 30-day operative delay and designates the proposed rule change to be operative upon filing with the Commission.\12\ --------------------------------------------------------------------------- \10\ 17 CFR 240.19b-4(f)(6). \11\ 17 CFR 240.19b-4(f)(6)(iii). \12\ For purposes only of waiving the 30-day operative delay, 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 the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule change should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NYSEArca-2016-154 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2016-154. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2016-154 and should be submitted on or before December 30, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\13\ --------------------------------------------------------------------------- \13\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2016-29464 Filed 12-8-16; 8:45 am] BILLING CODE 8011-01-P
![89166 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
SECURITIES AND EXCHANGE disaster recovery planning to delete 2. Statutory Basis
COMMISSION Rule 2.100 (Emergency Powers) (‘‘Rule The proposed rule change is
2.100’’) as obsolete. consistent with Section 6(b) of the Act,7
[Release No. 34–79466; File No. SR–
NYSEArca–2016–154] Rule 2.100 provides that if a qualified in general, and furthers the objectives of
officer of an Affiliated Exchange Section 6(b)(5) of the Act,8 in particular,
Self-Regulatory Organizations; NYSE declares an emergency condition under in that it is designed to prevent
Arca, Inc.; Notice of Filing and the rules of that Affiliated Exchange, a fraudulent and manipulative acts and
Immediate Effectiveness of Proposed qualified Exchange officer may practices, to promote just and equitable
Rule Change Amending Its Rules authorize the Exchange to perform the principles of trade, to foster cooperation
Governing Business Continuity and functions specified in the rule. and coordination with persons engaged
Disaster Recovery Planning Specifically, on the next trading day in facilitating transactions in securities,
following the declaration of the and to remove impediments to and
December 5, 2016.
Emergency Condition, the Exchange perfect the mechanism of a free and
Pursuant to Section 19(b)(1) 1 of the will, on behalf of and at the direction of open market and a national market
Securities Exchange Act of 1934 (the the Affiliated Exchange, disseminate: (i) system, and in general, to protect
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 The official opening, re-opening, and investors and the public interest.
notice is hereby given that, on In particular, the Exchange believes
closing trades of Affiliated Exchange-
November 22, 2016, NYSE Arca, Inc. that amending its rules to remove an
listed securities as messages of the
(the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed obsolete rule that is no longer operative
Affiliated Exchange; and (ii) any
with the Securities and Exchange after the Affiliated Exchanges have
notification for Affiliated Exchange-
Commission (the ‘‘Commission’’) the implemented New Rule 49 would
listed securities to the Consolidated
proposed rule change as described in promote the protection of investors and
Quotation System of a regulatory halt
Items I and II below, which Items have the public interest because it would
and resumption of trading thereafter,
been prepared by the Exchange. The promote clarity and transparency on the
trading pause and resumption of trading
Commission is publishing this notice to Exchange rules governing the
thereafter, and Short Sale Price Test
solicit comments on the proposed rule Exchange’s and the Affiliated
change from interested persons. trigger and lifting thereafter, as messages
of the Affiliated Exchange. Exchanges’ business continuity and
I. Self-Regulatory Organization’s On September 29, 2016, the disaster recovery planning. The
Statement of the Terms of Substance of Commission approved amendments to Exchange further believes that deleting
the Proposed Rule Change the Affiliated Exchanges’ business the obsolete rule would remove
The Exchange proposes to amend its continuity and disaster recovery plans, impediments to and perfect the
rules governing business continuity and as described in NYSE Rule 49 and NYSE mechanism of a national market system
disaster recovery planning to delete MKT Rule 49—Equities.4 On November because these proposed changes would
Rule 2.100 (Emergency Powers) as 5 and 19, 2016, the Affiliated Exchanges add greater clarity to the Exchange’s
obsolete. The proposed rule change is held the mandatory testing sessions for rules and promote market transparency
available on the Exchange’s Web site at the operation of New Rule 49.5 NYSE and efficiency.
www.nyse.com, at the principal office of and NYSE MKT have determined that B. Self-Regulatory Organization’s
the Exchange, and at the Commission’s those tests were successful and are Statement on Burden on Competition
Public Reference Room. simultaneously filing proposed rule The Exchange does not believe that
changes to delete the versions of NYSE the proposed rule change would impose
II. Self-Regulatory Organization’s
Rule 49 and NYSE MKT Rule 49— any burden on competition that is not
Statement of the Purpose of, and
Equities that reference Rule 2.100.6 The necessary or appropriate in furtherance
Statutory Basis for, the Proposed Rule
Exchange therefore proposes to delete of the purposes of the Act. The
Change
Rule 2.100 as obsolete, operative for proposed rule change is not designed to
In its filing with the Commission, the November 23, 2016, the same day that
self-regulatory organization included address competitive issues but rather is
NYSE and NYSE MKT propose as the designed to delete a rule that is obsolete
statements concerning the purpose of, operative date for New Rule 49.
and basis for, the proposed rule change now that the Affiliated Exchanges have
In addition to this proposed rule implemented New Rule 49.
and discussed any comments it received change, the Exchange proposes to
on the proposed rule change. The text announce the operative date of C. Self-Regulatory Organization’s
of those statements may be examined at November 23, 2016 via Trader Update. Statement on Comments on the
the places specified in Item IV below. Proposed Rule Change Received From
The Exchange has prepared summaries, 4 See Securities Exchange Act Release No. 78916 Members, Participants, or Others
set forth in sections A, B, and C below, (September 23, 2016), 81 FR 67029 (September 29, No written comments were solicited
of the most significant parts of such 2016) (SR–NYSE–2016–48) and No. 78917
or received with respect to the proposed
statements. (September 23, 2016), 81 FR 67036 (September 29,
2016) (SR–NYSEMKT–2016–68) (approval orders). rule change.
A. Self-Regulatory Organization’s 5 The Affiliated Exchanges announced by Trader
III. Date of Effectiveness of the
Statement of the Purpose of, and the Update that industry tests would be held on
November 5, 2016 and November 19, 2016. See Proposed Rule Change and Timing for
Statutory Basis for, the Proposed Rule NYSE Trader Updates, dated September 9 and 16, Commission Action
Change 2016, available at https://www.nyse.com/
mstockstill on DSK3G9T082PROD with NOTICES
publicdocs/nyse/markets/nyse/NYSE_and_NYSE_ Because the proposed rule change
1. Purpose MKT_DR_Trader_Update_Final.pdf and https:// does not: (i) Significantly affect the
The Exchange proposes to amend its www.nyse.com/publicdocs/nyse/markets/nyse/DR_ protection of investors or the public
Testing.pdf. interest; (ii) impose any significant
rules governing business continuity and 6 The Affiliated Exchanges have submitted
proposed rule changes to amend their rules
burden on competition; and (iii) become
1 15 U.S.C. 78s(b)(1). governing business continuity and disaster
2 15 U.S.C. 78a. 7 15 U.S.C. 78f(b).
recovery. See SR–NYSE–2016–81 and SR–
3 17 CFR 240.19b–4. NYSEMKT–2016–109. 8 15 U.S.C. 78f(b)(5).
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![Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices 89167
operative prior to 30 days from the date Electronic Comments SECURITIES AND EXCHANGE
on which it was filed, or such shorter COMMISSION
time as the Commission may designate, • Use the Commission’s Internet
comment form (http://www.sec.gov/ [Release No. 34–79465; File No. SR–BX–
it has become effective pursuant to 2016–063]
Section 19(b)(3)(A) of the Act and Rule rules/sro.shtml); or
19b–4(f)(6) thereunder.9 • Send an email to rule-comments@ Self-Regulatory Organizations;
A proposed rule change filed sec.gov. Please include File Number SR– NASDAQ BX, Inc.; Notice of Filing of
pursuant to Rule 19b–4(f)(6) under the NYSEArca–2016–154 on the subject Proposed Rule Change To Amend the
Act 10 normally does not become line. PRISM Price Improvement Auction in
operative for 30 days after the date of its BX Chapter VI, Section 9 and To Make
Paper Comments Pilot Program Permanent
filing. However, Rule 19b–4(f)(6)(iii) 11
permits the Commission to designate a • Send paper comments in triplicate December 5, 2016.
shorter time if such action is consistent to Brent J. Fields, Secretary, Securities Pursuant to Section 19(b)(1) of the
with the protection of investors and the and Exchange Commission, 100 F Street Securities Exchange Act of 1934
public interest. The Exchange has asked NE., Washington, DC 20549–1090. (‘‘Act’’),1 and Rule 19b–4 thereunder,2
the Commission to waive the 30-day notice is hereby given that on November
operative delay so that the proposal may All submissions should refer to File
Number SR–NYSEArca–2016–154. This 21, 2016, NASDAQ BX, Inc. (‘‘BX’’ or
become operative immediately upon ‘‘Exchange’’) filed with the Securities
filing. According to the Exchange, the file number should be included on the
and Exchange Commission (‘‘SEC’’ or
proposal would delete an obsolete rule subject line if email is used. To help the
‘‘Commission’’) the proposed rule
that corresponded to rules that have Commission process and review your
change as described in Items I, II, and
been deleted by the Affiliated comments more efficiently, please use III, below, which Items have been
Exchanges. The Commission believes only one method. The Commission will prepared by the Exchange. The
that waiving the 30-day operative delay post all comments on the Commission’s Commission is publishing this notice to
is consistent with the protection of Internet Web site (http://www.sec.gov/ solicit comments on the proposed rule
investors and the public interest. rules/sro.shtml). Copies of the change from interested persons.
Therefore, the Commission hereby submission, all subsequent
waives the 30-day operative delay and amendments, all written statements I. Self-Regulatory Organization’s
designates the proposed rule change to with respect to the proposed rule Statement of the Terms of Substance of
be operative upon filing with the change that are filed with the the Proposed Rule Change
Commission.12 Commission, and all written The Exchange proposes to amend BX
At any time within 60 days of the communications relating to the rules at Chapter VI, Section 9,
filing of the proposed rule change, the proposed rule change between the concerning a price-improvement
Commission summarily may Commission and any person, other than mechanism known as ‘‘PRISM.’’ Parts of
temporarily suspend such rule change if those that may be withheld from the PRISM are currently operating on a pilot
it appears to the Commission that such public in accordance with the basis (‘‘Pilot’’), which was approved by
action is necessary or appropriate in the provisions of 5 U.S.C. 552, will be the Commission in 2015,3 and which is
public interest, for the protection of available for Web site viewing and set to expire on January 18, 2017.4 In
investors, or otherwise in furtherance of printing in the Commission’s Public this proposal, the Exchange proposes to
the purposes of the Act. If the make the Pilot permanent, and also
Reference Room, 100 F Street NE.,
Commission takes such action, the proposes to change the requirements for
Washington, DC 20549 on official
Commission shall institute proceedings providing price improvement for PRISM
business days between the hours of Orders of less than 50 option contracts.
to determine whether the proposed rule 10:00 a.m. and 3:00 p.m. Copies of the The text of the proposed rule change
change should be approved or filing also will be available for is available on the Exchange’s Web site
disapproved. inspection and copying at the principal at http://nasdaqbx.cchwallstreet.com/,
IV. Solicitation of Comments office of the Exchange. All comments at the principal office of the Exchange,
received will be posted without change; and at the Commission’s Public
Interested persons are invited to the Commission does not edit personal Reference Room.
submit written data, views, and identifying information from
arguments concerning the foregoing, II. Self-Regulatory Organization’s
submissions. You should submit only
including whether the proposed rule Statement of the Purpose of, and
information that you wish to make
change is consistent with the Act. Statutory Basis for, the Proposed Rule
available publicly. All submissions Change
Comments may be submitted by any of should refer to File Number SR–
the following methods: NYSEArca–2016–154 and should be In its filing with the Commission, the
submitted on or before December 30, Exchange included statements
9 17 CFR 240.19b–4(f)(6). As required under Rule
2016. concerning the purpose of and basis for
19b–4(f)(6)(iii), the Exchange provided the the proposed rule change and discussed
Commission with written notice of its intent to file For the Commission, by the Division of any comments it received on the
the proposed rule change, along with a brief Trading and Markets, pursuant to delegated
description and the text of the proposed rule proposed rule change. The text of these
authority.13
mstockstill on DSK3G9T082PROD with NOTICES
change, at least five business days prior to the date
of filing of the proposed rule change, or such Eduardo A. Aleman, 1 15 U.S.C. 78s(b)(1).
shorter time as designated by the Commission. Assistant Secretary.
2 17 CFR 240.19b–4.
10 17 CFR 240.19b–4(f)(6). 3 See Securities Exchange Release No. 76301
11 17 CFR 240.19b–4(f)(6)(iii). [FR Doc. 2016–29464 Filed 12–8–16; 8:45 am]
(October 29, 2015), 80 FR 68347 (November 4, 2015)
12 For purposes only of waiving the 30-day BILLING CODE 8011–01–P (SR–BX–2015–032) (‘‘PRISM Approval Order’’).
operative delay, the Commission has considered the 4 See Securities Exchange Act Release No. 78249
proposed rule’s impact on efficiency, competition, (July 7, 2016), 81 FR 45334 (July 13, 2016) (SR–BX–
and capital formation. See 15 U.S.C. 78c(f). 13 17 CFR 200.30–3(a)(12). 2016–038).
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Document Created: 2018-02-14 09:03:46
Document Modified: 2018-02-14 09:03:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 81 FR 89166 |
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