81_FR_93961 81 FR 93716 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending Its Program That Allows Transactions to Take Place at a Price That Is Below $1 Per Option Contract Until July 5, 2017

81 FR 93716 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending Its Program That Allows Transactions to Take Place at a Price That Is Below $1 Per Option Contract Until July 5, 2017

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 245 (December 21, 2016)

Page Range93716-93717
FR Document2016-30687

Federal Register, Volume 81 Issue 245 (Wednesday, December 21, 2016)
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Notices]
[Pages 93716-93717]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30687]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79564; File No. SR-NYSEMKT-2016-116]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Extending Its Program 
That Allows Transactions to Take Place at a Price That Is Below $1 Per 
Option Contract Until July 5, 2017

December 15, 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 December 7, 2016, NYSE MKT LLC (the ``Exchange'' or 
``NYSE MKT'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III 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 extend its program that allows 
transactions to take place at a price that is below $1 per option 
contract until July 5, 2017. 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 purpose of this filing is to extend the Pilot Program \4\ under 
Rule 968NY to allow accommodation transactions (``Cabinet Trades'') to 
take place at a price that is below $1 per option contract for one 
additional year [sic]. The Exchange proposes to extend the program, 
which is due to expire on January 5, 2017, until July 5, 2017. The 
proposed extension of the Pilot Program will provide the Exchange 
additional time to submit a separate proposed rule change under Section 
19(b)(2) of the Securities Exchange Act of 1934 (the ``Act'') to make 
the program permanent (``Permanent Filing''). In support of making the 
Pilot Program permanent, the Exchange represents that, in the Permanent 
Filing, it would provide statistics related to Cabinet Trades that were 
executed in calendar year 2016 and describe the manner in which Cabinet 
Trades are cleared and processed.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 63475 (December 8, 
2010), 75 FR 77932 (December 14, 2010) (SR-NYSE Amex-2010-114).
---------------------------------------------------------------------------

    An ``accommodation'' or ``cabinet'' trade refers to trades in 
listed options on the Exchange that are worthless and typically not 
actively traded. Cabinet trading is generally conducted in accordance 
with Exchange Rules, except as provided in Exchange Rule 968NY, 
Accommodation Transactions (Cabinet Trades), which sets forth specific 
procedures for engaging in cabinet trades. Rule 968NY currently 
provides for cabinet transactions to occur via open outcry at a cabinet 
price of a $1 per option contract in any options series open for 
trading on the Exchange, except that the Rule is not applicable to 
trading in option classes participating in the Penny Pilot Program. 
Under the procedures, bids and offers (whether opening or closing a 
position) at a price of $1 per option contract may be represented in 
the trading crowd by a Floor Broker or by a Market Maker or provided in 
response to a request by a Trading Official, a Floor Broker or a Market 
Maker, but must yield priority to all resting orders in the Cabinet 
(those orders held by the Trading Official, and which resting cabinet 
orders may be closing only). Provided that the buyer and the seller 
yield to orders resting in the cabinet book, opening cabinet bids can 
trade with opening cabinet offers at $1 per option contract.
    The Exchange has temporarily amended the procedures through January 
5, 2017 to allow transactions to take place in open outcry at a price 
of at least $0 but less than $1 per option contract. These lower-priced 
transactions are permitted to be traded pursuant to the same procedures 
applicable to $1 cabinet trades, except that (i) bids and offers for 
opening transactions are only permitted to accommodate closing 
transactions in order to limit use of the procedure to liquidations of 
existing positions, and (ii) the procedures are also made available for 
trading in option classes participating in the Penny Pilot Program.\5\ 
The Exchange believes that allowing a price of at least $0 but less 
than $1 better accommodates the closing of options positions in series 
that are worthless or not actively traded, particularly in the event 
where there has been a significant move in the price of the underlying 
security that results in a large number of series being out-of-the-
money. For example, a market participant might have a long position in 
a put series with a strike price of $30 and the underlying stock might 
be trading at $100. In such an instance, there might not otherwise be a 
market for that person to close-out the position even at the $1 cabinet 
price (e.g., the series might be quoted no bid).
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    \5\ Currently, the $1 cabinet trading procedures are limited to 
options classes traded in $0.05 or $0.10 standard increment. The $1 
cabinet trading procedures are not available in Penny Pilot Program 
classes because in those classes an option series can trade in a 
standard increment as low as $0.01 per share (or $1.00 per option 
contract with a 100 share multiplier). Because the temporary 
procedures allow trading below $0.01 per share (or $1.00 per option 
contract with a 100 share multiplier), the procedures are available 
for all classes, including those classes participating in the Penny 
Pilot Program.
---------------------------------------------------------------------------

    As with other accommodation liquidations under Rule 968NY, 
transactions that occur for less than $1 will not be disseminated to 
the public on the consolidated tape. In addition, as with other 
accommodation liquidations under Rule 968NY, the transactions will be 
exempt from the Consolidated Options Audit Trail (``COATS'') 
requirements of Exchange Rule 955NY, Order Format and System Entry 
Requirements. However, the Exchange will maintain quotation, order and 
transaction information for the transactions in the same format as the 
COATS data is maintained. In this regard, all transactions for less 
than $1 must be reported to the Exchange

[[Page 93717]]

following the close of each business day.
2. Statutory Basis
    The Exchange believes that this proposed rule change is consistent 
with Section 6(b) \6\ of the Act, in general, and furthers the 
objectives of Section 6(b)(5) \7\ of the Act in particular, in that it 
is designed to promote just and equitable principles of trade, to 
prevent fraudulent and manipulative acts, to remove impediments to and 
to perfect the mechanism for a free and open market and a national 
market system, and, in general, to protect investors and the public 
interest. The Exchange believes that allowing for liquidations at a 
price less than $1 per option contract will better facilitate the 
closing of options positions that are worthless or not actively 
trading, especially in Penny Pilot issues where Cabinet Trades are not 
otherwise permitted.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
to extend an established pilot program for an additional six months and 
continue to facilitate ATP Holders ability to close positions in 
worthless or not actively traded series.

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 \8\ and Rule 19b-4(f)(6) thereunder.\9\ 
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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and 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. The 
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\11\ the Commission 
may 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 Pilot 
Program may continue without interruption. The Commission believes that 
the proposed rule change is consistent with the protection of investors 
and the public interest because it will allow the pilot to continue 
uninterrupted, thereby avoiding any potential investor confusion that 
could result from a temporary interruption in the pilot and allowing 
members to continue to benefit from the Pilot Program. Based on the 
foregoing, the Commission hereby waives the 30-day operative delay and 
designates the proposal operative upon filing.\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 operative delay of this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. 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) \13\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEMKT-2016-116 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2016-116. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEMKT-2016-116 and should 
be submitted on or before January 11, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
Eduardo A. Aleman,
Assistant Secretary.
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    \14\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-30687 Filed 12-20-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    93716                    Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices

                                                      For the Commission, by the Division of                The Exchange has prepared summaries,                  the cabinet book, opening cabinet bids
                                                    Trading and Markets, pursuant to delegated              set forth in sections A, B, and C below,              can trade with opening cabinet offers at
                                                    authority.13                                            of the most significant parts of such                 $1 per option contract.
                                                    Eduardo A. Aleman,                                      statements.                                              The Exchange has temporarily
                                                    Assistant Secretary.                                                                                          amended the procedures through
                                                                                                            A. Self-Regulatory Organization’s
                                                    [FR Doc. 2016–30694 Filed 12–20–16; 8:45 am]                                                                  January 5, 2017 to allow transactions to
                                                                                                            Statement of the Purpose of, and the
                                                    BILLING CODE 8011–01–P
                                                                                                            Statutory Basis for, the Proposed Rule                take place in open outcry at a price of
                                                                                                            Change                                                at least $0 but less than $1 per option
                                                                                                                                                                  contract. These lower-priced
                                                    SECURITIES AND EXCHANGE                                 1. Purpose                                            transactions are permitted to be traded
                                                    COMMISSION                                                 The purpose of this filing is to extend            pursuant to the same procedures
                                                    [Release No. 34–79564; File No. SR–                     the Pilot Program 4 under Rule 968NY to               applicable to $1 cabinet trades, except
                                                    NYSEMKT–2016–116]                                       allow accommodation transactions                      that (i) bids and offers for opening
                                                                                                            (‘‘Cabinet Trades’’) to take place at a               transactions are only permitted to
                                                    Self-Regulatory Organizations; NYSE                     price that is below $1 per option                     accommodate closing transactions in
                                                    MKT LLC; Notice of Filing and                           contract for one additional year [sic].               order to limit use of the procedure to
                                                    Immediate Effectiveness of Proposed                     The Exchange proposes to extend the                   liquidations of existing positions, and
                                                    Rule Change Extending Its Program                       program, which is due to expire on                    (ii) the procedures are also made
                                                    That Allows Transactions to Take                        January 5, 2017, until July 5, 2017. The              available for trading in option classes
                                                    Place at a Price That Is Below $1 Per                   proposed extension of the Pilot Program               participating in the Penny Pilot
                                                    Option Contract Until July 5, 2017                      will provide the Exchange additional                  Program.5 The Exchange believes that
                                                                                                            time to submit a separate proposed rule               allowing a price of at least $0 but less
                                                    December 15, 2016.
                                                                                                            change under Section 19(b)(2) of the                  than $1 better accommodates the closing
                                                       Pursuant to Section 19(b)(1) 1 of the                Securities Exchange Act of 1934 (the                  of options positions in series that are
                                                    Securities Exchange Act of 1934 (the                    ‘‘Act’’) to make the program permanent                worthless or not actively traded,
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  (‘‘Permanent Filing’’). In support of                 particularly in the event where there has
                                                    notice is hereby given that on December                 making the Pilot Program permanent,                   been a significant move in the price of
                                                    7, 2016, NYSE MKT LLC (the                              the Exchange represents that, in the                  the underlying security that results in a
                                                    ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with                Permanent Filing, it would provide                    large number of series being out-of-the-
                                                    the Securities and Exchange                             statistics related to Cabinet Trades that             money. For example, a market
                                                    Commission (the ‘‘Commission’’) the                     were executed in calendar year 2016                   participant might have a long position
                                                    proposed rule change as described in                    and describe the manner in which                      in a put series with a strike price of $30
                                                    Items I, II, and III below, which Items                 Cabinet Trades are cleared and                        and the underlying stock might be
                                                    have been prepared by the self-                         processed.                                            trading at $100. In such an instance,
                                                    regulatory organization. The                               An ‘‘accommodation’’ or ‘‘cabinet’’                there might not otherwise be a market
                                                    Commission is publishing this notice to                 trade refers to trades in listed options on           for that person to close-out the position
                                                    solicit comments on the proposed rule                   the Exchange that are worthless and                   even at the $1 cabinet price (e.g., the
                                                    change from interested persons.                         typically not actively traded. Cabinet                series might be quoted no bid).
                                                    I. Self-Regulatory Organization’s                       trading is generally conducted in
                                                                                                            accordance with Exchange Rules, except                   As with other accommodation
                                                    Statement of the Terms of Substance of                                                                        liquidations under Rule 968NY,
                                                    the Proposed Rule Change                                as provided in Exchange Rule 968NY,
                                                                                                            Accommodation Transactions (Cabinet                   transactions that occur for less than $1
                                                       The Exchange proposes to extend its                  Trades), which sets forth specific                    will not be disseminated to the public
                                                    program that allows transactions to take                procedures for engaging in cabinet                    on the consolidated tape. In addition, as
                                                    place at a price that is below $1 per                   trades. Rule 968NY currently provides                 with other accommodation liquidations
                                                    option contract until July 5, 2017. The                 for cabinet transactions to occur via                 under Rule 968NY, the transactions will
                                                    proposed rule change is available on the                open outcry at a cabinet price of a $1                be exempt from the Consolidated
                                                    Exchange’s Web site at www.nyse.com,                    per option contract in any options series             Options Audit Trail (‘‘COATS’’)
                                                    at the principal office of the Exchange,                open for trading on the Exchange,                     requirements of Exchange Rule 955NY,
                                                    and at the Commission’s Public                          except that the Rule is not applicable to             Order Format and System Entry
                                                    Reference Room.                                         trading in option classes participating in            Requirements. However, the Exchange
                                                                                                            the Penny Pilot Program. Under the                    will maintain quotation, order and
                                                    II. Self-Regulatory Organization’s                                                                            transaction information for the
                                                    Statement of the Purpose of, and                        procedures, bids and offers (whether
                                                                                                            opening or closing a position) at a price             transactions in the same format as the
                                                    Statutory Basis for, the Proposed Rule                                                                        COATS data is maintained. In this
                                                    Change                                                  of $1 per option contract may be
                                                                                                            represented in the trading crowd by a                 regard, all transactions for less than $1
                                                      In its filing with the Commission, the                Floor Broker or by a Market Maker or                  must be reported to the Exchange
                                                    self-regulatory organization included                   provided in response to a request by a
                                                    statements concerning the purpose of,                   Trading Official, a Floor Broker or a                    5 Currently, the $1 cabinet trading procedures are

                                                    and basis for, the proposed rule change                 Market Maker, but must yield priority to              limited to options classes traded in $0.05 or $0.10
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  standard increment. The $1 cabinet trading
                                                    and discussed any comments it received                  all resting orders in the Cabinet (those              procedures are not available in Penny Pilot Program
                                                    on the proposed rule change. The text                   orders held by the Trading Official, and              classes because in those classes an option series can
                                                    of those statements may be examined at                  which resting cabinet orders may be                   trade in a standard increment as low as $0.01 per
                                                    the places specified in Item IV below.                  closing only). Provided that the buyer                share (or $1.00 per option contract with a 100 share
                                                                                                                                                                  multiplier). Because the temporary procedures
                                                                                                            and the seller yield to orders resting in             allow trading below $0.01 per share (or $1.00 per
                                                      13 17 CFR 200.30–3(a)(12).                                                                                  option contract with a 100 share multiplier), the
                                                      1 15 U.S.C.78s(b)(1).                                   4 See Securities Exchange Act Release No. 63475     procedures are available for all classes, including
                                                      2 15 U.S.C. 78a.
                                                                                                            (December 8, 2010), 75 FR 77932 (December 14,         those classes participating in the Penny Pilot
                                                      3 17 CFR 240.19b–4.                                   2010) (SR–NYSE Amex–2010–114).                        Program.



                                               VerDate Sep<11>2014   18:38 Dec 20, 2016   Jkt 241001   PO 00000   Frm 00062   Fmt 4703   Sfmt 4703   E:\FR\FM\21DEN1.SGM   21DEN1


                                                                              Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices                                                93717

                                                    following the close of each business                      competition; and (iii) become operative              Electronic Comments
                                                    day.                                                      prior to 30 days from the date on which
                                                                                                              it was filed, or such shorter time as the               • Use the Commission’s Internet
                                                    2. Statutory Basis                                                                                             comment form (http://www.sec.gov/
                                                                                                              Commission may designate, if
                                                       The Exchange believes that this                        consistent with the protection of                    rules/sro.shtml); or
                                                    proposed rule change is consistent with                   investors and the public interest, the                  • Send an email to rule-comments@
                                                    Section 6(b) 6 of the Act, in general, and                proposed rule change has become                      sec.gov. Please include File Number SR–
                                                    furthers the objectives of Section                        effective pursuant to Section 19(b)(3)(A)            NYSEMKT–2016–116 on the subject
                                                    6(b)(5) 7 of the Act in particular, in that               of the Act and Rule 19b–4(f)(6)(iii)                 line.
                                                    it is designed to promote just and                        thereunder.
                                                    equitable principles of trade, to prevent                    A proposed rule change filed under                Paper Comments
                                                    fraudulent and manipulative acts, to                      Rule 19b–4(f)(6) 10 normally does not
                                                    remove impediments to and to perfect                                                                             • Send paper comments in triplicate
                                                                                                              become operative prior to 30 days after
                                                    the mechanism for a free and open                                                                              to Brent J. Fields, Secretary, Securities
                                                                                                              the date of the filing. However, pursuant
                                                    market and a national market system,                                                                           and Exchange Commission, 100 F Street
                                                                                                              to Rule 19b4(f)(6)(iii),11 the Commission
                                                    and, in general, to protect investors and                 may designate a shorter time if such                 NE., Washington, DC 20549–1090.
                                                    the public interest. The Exchange                         action is consistent with the protection             All submissions should refer to File
                                                    believes that allowing for liquidations at                of investors and the public interest. The            Number SR–NYSEMKT–2016–116. This
                                                    a price less than $1 per option contract                  Exchange has asked the Commission to                 file number should be included on the
                                                    will better facilitate the closing of                     waive the 30-day operative delay so that
                                                    options positions that are worthless or                                                                        subject line if email is used. To help the
                                                                                                              the Pilot Program may continue without               Commission process and review your
                                                    not actively trading, especially in Penny                 interruption. The Commission believes
                                                    Pilot issues where Cabinet Trades are                                                                          comments more efficiently, please use
                                                                                                              that the proposed rule change is                     only one method. The Commission will
                                                    not otherwise permitted.                                  consistent with the protection of                    post all comments on the Commission’s
                                                    B. Self-Regulatory Organization’s                         investors and the public interest                    Internet Web site (http://www.sec.gov/
                                                    Statement on Burden on Competition                        because it will allow the pilot to                   rules/sro.shtml). Copies of the
                                                       The Exchange does not believe that                     continue uninterrupted, thereby
                                                                                                                                                                   submission, all subsequent
                                                    the proposed rule change will impose                      avoiding any potential investor
                                                                                                                                                                   amendments, all written statements
                                                    any burden on competition that is not                     confusion that could result from a
                                                                                                              temporary interruption in the pilot and              with respect to the proposed rule
                                                    necessary or appropriate in furtherance                                                                        change that are filed with the
                                                    of the purposes of the Act. The                           allowing members to continue to benefit
                                                                                                              from the Pilot Program. Based on the                 Commission, and all written
                                                    proposed rule change is to extend an                                                                           communications relating to the
                                                    established pilot program for an                          foregoing, the Commission hereby
                                                                                                              waives the 30-day operative delay and                proposed rule change between the
                                                    additional six months and continue to                                                                          Commission and any person, other than
                                                    facilitate ATP Holders ability to close                   designates the proposal operative upon
                                                                                                              filing.12                                            those that may be withheld from the
                                                    positions in worthless or not actively                                                                         public in accordance with the
                                                    traded series.                                               At any time within 60 days of the
                                                                                                              filing of such proposed rule change, the             provisions of 5 U.S.C. 552, will be
                                                    C. Self-Regulatory Organization’s                         Commission summarily may                             available for Web site viewing and
                                                    Statement on Comments on the                              temporarily suspend such rule change if              printing in the Commission’s Public
                                                    Proposed Rule Change Received From                        it appears to the Commission that such               Reference Room, 100 F Street NE.,
                                                    Members, Participants, or Others                          action is necessary or appropriate in the            Washington, DC 20549 on official
                                                      No written comments were solicited                      public interest, for the protection of               business days between the hours of
                                                    or received with respect to the proposed                  investors, or otherwise in furtherance of            10:00 a.m. and 3:00 p.m. Copies of the
                                                    rule change.                                              the purposes of the Act. If the                      filing also will be available for
                                                                                                              Commission takes such action, the                    inspection and copying at the principal
                                                    III. Date of Effectiveness of the                         Commission shall institute proceedings               office of the Exchange. All comments
                                                    Proposed Rule Change and Timing for                       under Section 19(b)(2)(B) 13 of the Act to
                                                    Commission Action                                                                                              received will be posted without change;
                                                                                                              determine whether the proposed rule                  the Commission does not edit personal
                                                       The Exchange has filed the proposed                    change should be approved or                         identifying information from
                                                    rule change pursuant to Section                           disapproved.                                         submissions. You should submit only
                                                    19(b)(3)(A)(iii) of the Act 8 and Rule                                                                         information that you wish to make
                                                    19b–4(f)(6) thereunder.9 Because the                      IV. Solicitation of Comments
                                                                                                                                                                   available publicly. All submissions
                                                    proposed rule change does not: (i)                          Interested persons are invited to                  should refer to File Number SR–
                                                    significantly affect the protection of                    submit written data, views, and
                                                                                                                                                                   NYSEMKT–2016–116 and should be
                                                    investors or the public interest; (ii)                    arguments concerning the foregoing,
                                                    impose any significant burden on                                                                               submitted on or before January 11, 2017.
                                                                                                              including whether the proposed rule
                                                                                                              change is consistent with the Act.                     For the Commission, by the Division of
                                                      6 15  U.S.C. 78f(b).                                    Comments may be submitted by any of                  Trading and Markets, pursuant to delegated
                                                       7 15 U.S.C. 78f(b)(5).
                                                                                                              the following methods:                               authority.14
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       8 15 U.S.C. 78s(b)(3)(A)(iii).
                                                       9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                                                                                   Eduardo A. Aleman,
                                                                                                                10 17  CFR 240.19b–4(f)(6).
                                                    4(f)(6)(iii) requires the Exchange to give the                                                                 Assistant Secretary.
                                                                                                                11 17  CFR 240.19b–4(f)(6)(iii).
                                                    Commission written notice of the Exchange’s intent                                                             [FR Doc. 2016–30687 Filed 12–20–16; 8:45 am]
                                                                                                                 12 For purposes only of waiving the operative
                                                    to file the proposed rule change, along with a brief
                                                                                                              delay of this proposal, the Commission has           BILLING CODE 8011–01–P
                                                    description and text of the proposed rule change,
                                                    at least five business days prior to the date of filing   considered the proposed rule’s impact on
                                                    of the proposed rule change, or such shorter time         efficiency, competition, and capital formation. 15
                                                    as designated by the Commission. The Exchange             U.S.C. 78c(f).
                                                    has satisfied this requirement.                              13 15 U.S.C. 78s(b)(2)(B).                          14 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-14 09:12:07
Document Modified: 2018-02-14 09:12:07
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 93716 

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