81 FR 89529 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.46 to Modify the Web Site Data Publication Requirements Relating To the Regulation NMS Plan To Implement a Tick Size Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 238 (December 12, 2016)

Page Range		89529-89531
FR Document		2016-29648
Federal Register, Volume 81 Issue 238 (Monday, December 12, 2016)
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89529-89531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29648]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79476; File No. SR-NYSEARCA-2016-159]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending Rule 7.46 
to Modify the Web Site Data Publication Requirements Relating To the 
Regulation NMS Plan To Implement a Tick Size Pilot Program

December 6, 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 30, 2016, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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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 Rule 7.46 to modify the Web site 
data publication requirements relating to the Regulation NMS Plan to 
Implement a Tick Size Pilot Program (``Plan''). The proposed rule 
change is available on the Exchange's Web site at www.nyse.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

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

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

1. Purpose
    On August 25, 2014, NYSE Group, Inc., on behalf of the Exchange, 
New York Stock Exchange LLC, NYSE MKT LLC, the Bats BZX Exchange, Inc. 
f/k/a BATS Exchange, Inc. (``BZX''), BATS BYX Exchange, Inc. f/k/a BATS 
Y-Exchange, Inc. (``BYX''), Bats EDGA Exchange, Inc., Bats EDGX 
Exchange, Inc., Chicago Stock Exchange, Inc., Financial Industry 
Regulatory Authority, Inc. (``FINRA''), NASDAQ OMX BX, Inc., NASDAQ OMX 
PHLX LLC, and the Nasdaq Stock Market LLC (collectively 
``Participants'') filed with the Commission, pursuant to Section 11A of 
the Act \4\ and Rule 608 of Regulation NMS thereunder,\5\ the Plan to 
Implement a Tick Size Pilot Program.\6\ The Participants filed the Plan 
to comply with an order issued by the Commission on June 24, 2014.\7\ 
The Plan was published for comment in the Federal Register on November 
7, 2014, and approved by the Commission, as modified, on May 6, 
2015.\8\ The Commission approved the Pilot on a two-year basis, with 
implementation to begin no later than May 6, 2016.\9\ On November 6, 
2015, the SEC exempted the Participants from implementing the

[[Page 89530]]

Pilot until October 3, 2016.\10\ Under the revised Pilot implementation 
date, the Pre-Pilot data collection period commenced on April 4, 2016. 
On September 13, 2016, the SEC exempted the Participants from the 
requirement to fully implement the Pilot on October 3, 2016, to permit 
the Participants to implement the pilot on a phased-in basis, as 
described in the Participants' exemptive request.\11\
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    \4\ 15 U.S.C. 78k-1.
    \5\ 17 CFR 242.608.
    \6\ See Letter from Brendon J. Weiss, Vice President, 
Intercontinental Exchange, Inc., to Secretary, Commission, dated 
August 25, 2014.
    \7\ See Securities Exchange Act Release No 72460 (June 24, 
2014), 79 FR 36840 (June 30, 2014).
    \8\ See Securities Exchange Act Release No. 74892 (May 6, 2015), 
80 FR 27513 (May 13, 2015) (``Approval Order'').
    \9\ See Approval Order at 27533 and 27545.
    \10\ See Securities Exchange Act Release No. 76382 (November 6, 
2015), 80 FR 70284 (November 13, 2015).
    \11\ See Letter from David S. Shillman, Associate Director, 
Division of Trading and Markets, Commission, to Eric Swanson, EVP, 
General Counsel and Secretary, Bats Global Markets, Inc., dated 
September 13, 2016; see also Letter from Eric Swanson, EVP, General 
Counsel and Secretary, Bats Global Markets, Inc., to Brent J. 
Fields, Secretary, Commission, dated September 9, 2016.
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    The Plan is designed to allow the Commission, market participants, 
and the public to study and assess the impact of increment conventions 
on the liquidity and trading of the common stock of small-
capitalization companies. Each Participant is required to comply, and 
to enforce compliance by its member organizations, as applicable, with 
the provisions of the Plan.
    The Exchange adopted rule amendments to implement the requirements 
of the Plan, including relating to the Plan's data collection 
requirements and requirements relating to Web site data 
publication.\12\ Specifically, with respect to the Web site data 
publication requirements pursuant to Section VII and Appendices B and C 
to the Plan, Rule 7.46(b)(2) provides, among other things, that the 
Exchange shall make the data required by Items I and II of Appendix B 
to the Plan, and collected pursuant to paragraph (b)(2) of Rule 7.46, 
publicly available on the Exchange's Web site on a monthly basis at no 
charge and shall not identify the Trading Center that generated the 
data. Rule 7.46(b)(3)(C), provides, among other things, that the 
Exchange shall make the data required by Item IV of Appendix B to the 
Plan, and collected pursuant to paragraph (b)(3)(A) of Rule 7.46, 
publicly available on the Exchange's Web site on a monthly basis at no 
charge and shall not identify the Trading Center that generated the 
data. Supplementary Material .70 to Rule 7.46 provides, among other 
things, that the requirement that the Exchange or their DEA make 
certain data publicly available on the Exchange's or DEA's Web site 
pursuant to Appendix B and C to the Plan shall commence at the 
beginning of the Pilot Period.
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    \12\ See Securities Exchange Act Release No. 77484 (March 31, 
2016), 81 FR 20024 (April 4, 2016) (Immediate Effectiveness of 
Proposed Rule Change Adopting Requirements for the Collection and 
Transmission of Data Pursuant to Appendices B and C of Regulation 
NMS Plan to Implement a Tick Size Pilot Program) (SR-NYSEARCA-2016-
52); see also Securities Exchange Act Release No. 78814 (September 
12, 2016), 81 FR 63818 (September 16, 2016) (Immediate Effectiveness 
of Proposed Rule Change to Amend Rule 7.46 to Modify Certain Data 
Collection Requirements of the Regulation NMS Plan to Implement a 
Tick Size Pilot Program) (SR-NYSEARCA-2016-124); see also Letter 
from John C. Roeser, Associate Director, Division of Trading and 
Markets, Commission, to Sherry Sandler, Associate General Counsel, 
NYSE Arca, dated April 4, 2016.
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    The Exchange is proposing amendments to Rule 7.46(b)(2) (regarding 
Appendix B.I and B.II data) and Rule 7.46(b)(3)(C) (regarding Appendix 
B.IV data), to provide that data required to be made available on the 
Exchange's Web site be published within 120 calendar days following 
month end. In addition, the proposed amendments to Supplementary 
Material .70 to Rule 7.46 would provide that, notwithstanding the 
provisions of paragraphs (b)(2), (b)(3)(C) and (b)(5), the Exchange 
shall make data for the Pre-Pilot period publicly available on the 
Exchange's or DEA's Web site pursuant to Appendix B and C to the Plan 
by February 28, 2017.\13\
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    \13\ With respect to data for the Pilot Period, the requirement 
that the Exchange or their DEA make data publicly available on the 
Exchange's or DEA's Web site pursuant to Appendix B and C to the 
Plan shall continue to commence at the beginning of the Pilot 
Period. Thus, the first Web site publication date for Pilot Period 
data (covering October 2016) would be published on the Exchange's or 
DEA's Web site by February 28, 2017, which is 120 days following the 
end of October 2016.
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    The purpose of delaying the publication of the Web site data is to 
address confidentiality concerns by providing for the passage of 
additional time between the market information reflected in the data 
and the public availability of such information.\14\
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    \14\ See supra note 10.
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    The proposed rule change also will provide that, with respect to 
Appendix C data, The Corporation, as DEA, shall collect the data 
required by Item I of Appendix C to the Plan for those ETP Holders that 
are Market Makers for which the Corporation is DEA, and on a monthly 
basis transmit such data, categorized by the Control Group and each 
Test Group, to the SEC in a pipe delimited format. The Corporation, as 
DEA, shall also make the data collected pursuant to subparagraph (4) of 
Rule 7.46(b) available to FINRA for aggregation and publication, 
categorized by the Control Group and each Test Group, on the FINRA Web 
site pursuant to FINRA Rules.\15\ The Corporation is proposing such an 
amendment in order to add a provision in its rules to comply with such 
requirement and provision in the Plan.\16\
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    \15\ FINRA will make this data publicly available on the FINRA 
Web site within 120 calendar days following month end at no charge 
and will not identify the Market Makers that generated the data or 
the individual securities. See FINRA Rule 6191(b)(4).
    \16\ See Section VII of the Plan.
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    Finally, the Corporation is proposing an amendment to Rule 
7.46(b)(5) (regarding data described in Item III of Appendix B) to add 
a provision identical to Rule 7.46(b)(2) (as amended above pursuant to 
the proposed changes described above to such Rule), which shall require 
the Corporation to make the data described in Item III of Appendix B 
publicly available on the Corporation Web site within 120 calendar days 
following month end at no charge and shall not identify the ETP Holder 
that generated the data. The Corporation is proposing such an amendment 
in order to add a provision in its rules to comply with such 
requirement and provision in the Plan.\17\
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    \17\ See supra note 14.
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    As noted in Item 2 of this filing, the Exchange has filed the 
proposed rule change for immediate effectiveness and has requested that 
the Commission waive the 30-day operative delay. If the Commission 
waives the 30-day operative delay, the operative date of the proposed 
rule change will be the date of filing.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\18\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\19\ in particular, in that it is designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, 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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    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that this proposal is consistent with the Act 
because it is designed to assist the Participants in meeting their 
regulatory obligations pursuant to the Plan and is in furtherance of 
the objectives of the Plan, as identified by the SEC. The Exchange 
believes that the instant proposal is consistent with the Act in that 
it is designed to address confidentiality concerns by permitting the 
Exchange to delay Web site publication to provide for passage of 
additional time between the market information reflected in the data 
and the public availability of such information.

[[Page 89531]]

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange 
notes that the proposed rule change implements the provisions of the 
Plan, and is designed to assist the Participants in meeting their 
regulatory obligations pursuant to the Plan.
    The proposal is intended to address confidentiality concerns that 
may adversely impact competition, especially for Pilot Securities that 
may have a relatively small number of designated Market Makers, by 
permitting the Exchange to delay Web site publication to provide for 
passage of additional time between the market information reflected in 
the data and the public availability of such information. The Exchange 
notes that the proposal does not alter the information required to be 
submitted to the SEC.

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 foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) \20\ of the Act and Rule 19b-
4(f)(6) thereunder.\21\
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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \22\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\23\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has filed 
the proposed rule change for immediate effectiveness and has requested 
that the Commission waive the requirement that the proposed rule change 
not become operative for 30 days after the date of the filing so that 
it may become operative immediately.
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    \22\ 17 CFR 240.19b-4(f)(6).
    \23\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange notes that the proposed rule change implements the 
provisions of the Plan, and is designed to assist the Participants in 
meeting their regulatory obligations pursuant to the Plan. The proposal 
is intended to address confidentiality concerns by permitting the 
Exchange to delay Web site publication to provide for passage of 
additional time between the market information reflected in the data 
and the public availability of such information. The proposal also does 
not alter the information required to be submitted to the SEC.
    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because it will allow the Exchange to implement proposed changes that 
are intended to address confidentiality concerns. The Commission notes 
that some Pilot data was scheduled to be published on November 30, 
2016. Therefore, the Commission hereby waives the 30-day operative 
delay and designates the proposed rule change to be operative as of 
November 30, 2016.\24\
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    \24\ 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).
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    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.\25\ If the 
Commission takes such action, the Commission shall institute 
proceedings to determine whether the proposed rule should be approved 
or disapproved.
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    \25\ 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEArca-2016-159 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-159. 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-2016-159, and 
should be submitted on or before January 3, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\26\
Eduardo A. Aleman,
Assistant Secretary.
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    \26\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-29648 Filed 12-9-16; 8:45 am]
 BILLING CODE 8011-01-P
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices 89529

waives the 30-day operative delay and Reference Room, 100 F Street NE., proposed rule change is available on the
designates the proposed rule change to Washington, DC 20549, on official Exchange’s Web site at www.nyse.com,
be operative as of November 30, 2016.22 business days between the hours of at the principal office of the Exchange,
At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the and at the Commission’s Public
filing of the proposed rule change, the filing also will be available for Reference Room.
Commission summarily may inspection and copying at the principal
temporarily suspend such rule change if II. Self-Regulatory Organization’s
office of the Exchange. All comments
it appears to the Commission that such Statement of the Purpose of, and
received will be posted without change;
action is necessary or appropriate in the Statutory Basis for, the Proposed Rule
the Commission does not edit personal
public interest, for the protection of Change
identifying information from
investors, or otherwise in furtherance of submissions. You should submit only In its filing with the Commission, the
the purposes of the Act.23 If the information that you wish to make self-regulatory organization included
Commission takes such action, the available publicly. All submissions statements concerning the purpose of,
Commission shall institute proceedings should refer to File Number SR– and basis for, the proposed rule change
to determine whether the proposed rule NYSEMKT–2016–113, and should be and discussed any comments it received
should be approved or disapproved. submitted on or before January 3, 2017. on the proposed rule change. The text
of those statements may be examined at
IV. Solicitation of Comments For the Commission, by the Division of
Trading and Markets, pursuant to delegated the places specified in Item IV below.
Interested persons are invited to authority.24 The Exchange has prepared summaries,
submit written data, views, and Eduardo A. Aleman, set forth in sections A, B, and C below,
arguments concerning the foregoing, of the most significant parts of such
Assistant Secretary.
including whether the proposed rule statements.
[FR Doc. 2016–29647 Filed 12–9–16; 8:45 am]
change is consistent with the Act.
Comments may be submitted by any of BILLING CODE 8011–01–P A. Self-Regulatory Organization’s
the following methods: Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Electronic Comments SECURITIES AND EXCHANGE Change
• Use the Commission’s Internet COMMISSION
1. Purpose
comment form (http://www.sec.gov/ [Release No. 34–79476; File No. SR–
rules/sro.shtml); or On August 25, 2014, NYSE Group,
NYSEARCA–2016–159]
• Send an email to rule-comments@ Inc., on behalf of the Exchange, New
sec.gov. Please include File Number SR– Self-Regulatory Organizations; NYSE York Stock Exchange LLC, NYSE MKT
NYSEMKT–2016–113 on the subject Arca, Inc.; Notice of Filing and LLC, the Bats BZX Exchange, Inc. f/k/a
line. Immediate Effectiveness of Proposed BATS Exchange, Inc. (‘‘BZX’’), BATS
Rule Change Amending Rule 7.46 to BYX Exchange, Inc. f/k/a BATS Y-
Paper Comments Modify the Web Site Data Publication Exchange, Inc. (‘‘BYX’’), Bats EDGA
• Send paper comments in triplicate Requirements Relating To the Exchange, Inc., Bats EDGX Exchange,
to Secretary, Securities and Exchange Regulation NMS Plan To Implement a Inc., Chicago Stock Exchange, Inc.,
Commission, 100 F Street NE., Tick Size Pilot Program Financial Industry Regulatory
Washington, DC 20549–1090. Authority, Inc. (‘‘FINRA’’), NASDAQ
All submissions should refer to File December 6, 2016. OMX BX, Inc., NASDAQ OMX PHLX
Number SR–NYSEMKT–2016–113. This Pursuant to Section 19(b)(1) 1 of the LLC, and the Nasdaq Stock Market LLC
file number should be included on the Securities Exchange Act of 1934 (the (collectively ‘‘Participants’’) filed with
subject line if email is used. To help the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 the Commission, pursuant to Section
Commission process and review your notice is hereby given that, on 11A of the Act 4 and Rule 608 of
comments more efficiently, please use November 30, 2016, NYSE Arca, Inc. Regulation NMS thereunder,5 the Plan
only one method. The Commission will (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed to Implement a Tick Size Pilot
post all comments on the Commission’s with the Securities and Exchange Program.6 The Participants filed the
Internet Web site (http://www.sec.gov/ Commission (the ‘‘Commission’’) the Plan to comply with an order issued by
rules/sro.shtml). Copies of the proposed rule change as described in the Commission on June 24, 2014.7 The
submission, all subsequent Items I and II below, which Items have Plan was published for comment in the
amendments, all written statements been prepared by the self-regulatory Federal Register on November 7, 2014,
with respect to the proposed rule organization. The Commission is and approved by the Commission, as
change that are filed with the publishing this notice to solicit modified, on May 6, 2015.8 The
Commission, and all written comments on the proposed rule change Commission approved the Pilot on a
communications relating to the from interested persons. two-year basis, with implementation to
proposed rule change between the begin no later than May 6, 2016.9 On
I. Self-Regulatory Organization’s
Commission and any person, other than November 6, 2015, the SEC exempted
Statement of the Terms of Substance of
those that may be withheld from the the Participants from implementing the
the Proposed Rule Change
public in accordance with the The Exchange proposes to amend 4 15 U.S.C. 78k–1.
provisions of 5 U.S.C. 552, will be Rule 7.46 to modify the Web site data 5 17 CFR 242.608.
available for Web site viewing and
mstockstill on DSK3G9T082PROD with NOTICES

publication requirements relating to the 6 See Letter from Brendon J. Weiss, Vice
printing in the Commission’s Public Regulation NMS Plan to Implement a President, Intercontinental Exchange, Inc., to
Secretary, Commission, dated August 25, 2014.
22 For purposes only of waiving the operative
Tick Size Pilot Program (‘‘Plan’’). The 7 See Securities Exchange Act Release No 72460

delay for this proposal, the Commission has (June 24, 2014), 79 FR 36840 (June 30, 2014).
24 17 CFR 200.30–3(a)(12).
considered the proposed rule’s impact on 8 See Securities Exchange Act Release No. 74892
1 15 U.S.C. 78s(b)(1).
efficiency, competition, and capital formation. See (May 6, 2015), 80 FR 27513 (May 13, 2015)
15 U.S.C. 78c(f). 2 15 U.S.C. 78a. (‘‘Approval Order’’).
23 15 U.S.C. 78s(b)(3)(C). 3 17 CFR 240.19b–4. 9 See Approval Order at 27533 and 27545.

VerDate Sep<11>2014 18:59 Dec 09, 2016 Jkt 241001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\12DEN1.SGM 12DEN1
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices 89531

B. Self-Regulatory Organization’s the filing so that it may become Paper Comments
Statement on Burden on Competition operative immediately.
The Exchange notes that the proposed • Send paper comments in triplicate
The Exchange does not believe that to Secretary, Securities and Exchange
the proposed rule change will result in rule change implements the provisions
of the Plan, and is designed to assist the Commission, 100 F Street NE.,
any burden on competition that is not Washington, DC 20549–1090.
necessary or appropriate in furtherance Participants in meeting their regulatory
of the purposes of the Act. The obligations pursuant to the Plan. The All submissions should refer to File
Exchange notes that the proposed rule proposal is intended to address Number SR–NYSEArca–2016–159. This
change implements the provisions of the confidentiality concerns by permitting file number should be included on the
Plan, and is designed to assist the the Exchange to delay Web site subject line if email is used. To help the
Participants in meeting their regulatory publication to provide for passage of
Commission process and review your
obligations pursuant to the Plan. additional time between the market
comments more efficiently, please use
The proposal is intended to address information reflected in the data and the
public availability of such information. only one method. The Commission will
confidentiality concerns that may post all comments on the Commission’s
adversely impact competition, The proposal also does not alter the
information required to be submitted to Internet Web site (http://www.sec.gov/
especially for Pilot Securities that may rules/sro.shtml). Copies of the
have a relatively small number of the SEC.
The Commission believes that submission, all subsequent
designated Market Makers, by amendments, all written statements
permitting the Exchange to delay Web waiving the 30-day operative delay is
consistent with the protection of with respect to the proposed rule
site publication to provide for passage of change that are filed with the
additional time between the market investors and the public interest
because it will allow the Exchange to Commission, and all written
information reflected in the data and the
implement proposed changes that are communications relating to the
public availability of such information.
intended to address confidentiality proposed rule change between the
The Exchange notes that the proposal
does not alter the information required concerns. The Commission notes that Commission and any person, other than
to be submitted to the SEC. some Pilot data was scheduled to be those that may be withheld from the
published on November 30, 2016. public in accordance with the
C. Self-Regulatory Organization’s Therefore, the Commission hereby provisions of 5 U.S.C. 552, will be
Statement on Comments on the waives the 30-day operative delay and available for Web site viewing and
Proposed Rule Change Received From designates the proposed rule change to printing in the Commission’s Public
Members, Participants, or Others be operative as of November 30, 2016.24 Reference Room, 100 F Street NE.,
No written comments were solicited At any time within 60 days of the Washington, DC 20549, on official
or received with respect to the proposed filing of the proposed rule change, the business days between the hours of
rule change. Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the
temporarily suspend such rule change if filing also will be available for
III. Date of Effectiveness of the it appears to the Commission that such
Proposed Rule Change and Timing for inspection and copying at the principal
action is necessary or appropriate in the office of the Exchange. All comments
Commission Action public interest, for the protection of
received will be posted without change;
Because the foregoing proposed rule investors, or otherwise in furtherance of
the Commission does not edit personal
change does not: (i) Significantly affect the purposes of the Act.25 If the
identifying information from
the protection of investors or the public Commission takes such action, the
Commission shall institute proceedings submissions. You should submit only
interest; (ii) impose any significant information that you wish to make
burden on competition; and (iii) become to determine whether the proposed rule
should be approved or disapproved. available publicly. All submissions
operative for 30 days from the date on
should refer to File Number SR–
which it was filed, or such shorter time IV. Solicitation of Comments NYSEArca–2016–159, and should be
as the Commission may designate, it has
Interested persons are invited to submitted on or before January 3, 2017.
become effective pursuant to Section
19(b)(3)(A) 20 of the Act and Rule 19b– submit written data, views, and For the Commission, by the Division of
4(f)(6) thereunder.21 arguments concerning the foregoing, Trading and Markets, pursuant to delegated
A proposed rule change filed under including whether the proposed rule authority.26
Rule 19b–4(f)(6) 22 normally does not change is consistent with the Act. Eduardo A. Aleman,
become operative prior to 30 days after Comments may be submitted by any of
Assistant Secretary.
the date of the filing. However, pursuant the following methods:
[FR Doc. 2016–29648 Filed 12–9–16; 8:45 am]
to Rule 19b–4(f)(6)(iii),23 the Electronic Comments BILLING CODE 8011–01–P
Commission may designate a shorter
time if such action is consistent with the • Use the Commission’s Internet
protection of investors and the public comment form (http://www.sec.gov/
interest. The Exchange has filed the rules/sro.shtml); or
proposed rule change for immediate • Send an email to rule-comments@
effectiveness and has requested that the sec.gov. Please include File Number SR–
NYSEArca–2016–159 on the subject
mstockstill on DSK3G9T082PROD with NOTICES

Commission waive the requirement that
the proposed rule change not become line.
operative for 30 days after the date of
24 For purposes only of waiving the operative

delay for this proposal, the Commission has
20 15 U.S.C. 78s(b)(3)(A). considered the proposed rule’s impact on
21 17 CFR 240.19b–4(f)(6).
efficiency, competition, and capital formation. See
22 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78c(f).
23 17 CFR 240.19b–4(f)(6)(iii). 25 15 U.S.C. 78s(b)(3)(C). 26 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 18:59 Dec 09, 2016 Jkt 241001 PO 00000 Frm 00107 Fmt 4703 Sfmt 9990 E:\FR\FM\12DEN1.SGM 12DEN1
Document Created: 2018-02-14 09:05:29
Document Modified: 2018-02-14 09:05:29
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 89529