81_FR_95453 81 FR 95205 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change Amending Rule 104 To Delete Subsection (g)(i)(A)(III) Prohibiting Designated Market Makers From Establishing a New High (Low) Price on the Exchange in a Security the DMM Has a Long (Short) Position During the Last Ten Minutes Prior to the Close of Trading

81 FR 95205 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change Amending Rule 104 To Delete Subsection (g)(i)(A)(III) Prohibiting Designated Market Makers From Establishing a New High (Low) Price on the Exchange in a Security the DMM Has a Long (Short) Position During the Last Ten Minutes Prior to the Close of Trading

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range95205-95206
FR Document2016-31104

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016) 
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95205-95206]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31104]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79612; File No. SR-NYSE-2016-71]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of 
Designation of a Longer Period for Commission Action on Proposed Rule 
Change Amending Rule 104 To Delete Subsection (g)(i)(A)(III) 
Prohibiting Designated Market Makers From Establishing a New High (Low) 
Price on the Exchange in a Security the DMM Has a Long (Short) Position 
During the Last Ten Minutes Prior to the Close of Trading

December 20, 2016.
    On October 27, 2016, New York Stock Exchange LLC (``NYSE'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend Rule 104 to delete subsection 
(g)(i)(A)(III) prohibiting Designated Market Makers (``DMMs'') from 
establishing a new high (low) price on the Exchange in a security the 
DMM has a long (short) position during the last ten minutes prior to 
the close of trading. The proposed rule change was published for 
comment in the Federal Register on November 17, 2016.\3\ The Commission 
received no comments on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79284 (November 10, 
2016), 81 FR 81222 (``Notice'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the 
publication of notice of the filing of a proposed rule change, or 
within such longer period up to 90 days as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding, or as to which the self-regulatory organization 
consents, the Commission shall either approve the proposed rule change, 
disapprove the proposed rule change, or institute proceedings to 
determine whether the proposed rule change should be disapproved. The 
45th day after publication of the notice for this proposed rule change 
is January 1, 2017. The Commission is extending this 45-day time 
period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period 
within which to take action on the proposed rule change so as to allow 
additional time to consider the proposal. Accordingly, the Commission, 
pursuant

[[Page 95206]]

to Section 19(b)(2) of the Act,\5\ designates February 15, 2017, as the 
date by which the Commission shall either approve or disapprove, or 
institute proceedings to determine whether to disapprove, the proposed 
rule change (File No. SR-NYSE-2016-71).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31104 Filed 12-23-16; 8:45 am]
 BILLING CODE 8011-01-P

Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices 95205 consistent with 39 U.S.C. 3632, 3633, position during the last ten minutes SECURITIES AND EXCHANGE and 39 CFR part 3015. Comments are prior to the close of trading. The COMMISSION due no later than December 28, 2016. proposed rule change was published for The public portions of the filing can be comment in the Federal Register on [Release No. 34–79612; File No. SR–NYSE– accessed via the Commission’s Web site November 17, 2016.3 The Commission 2016–71] (http://www.prc.gov). received no comments on the proposed The Commission appoints Katalin K. rule change. Self-Regulatory Organizations; NYSE Clendenin to serve as Public MKT LLC; Notice of Designation of a Representative in these dockets. Section 19(b)(2) of the Act 4 provides Longer Period for Commission Action that within 45 days of the publication of on Proposed Rule Change Amending V. Ordering Paragraphs notice of the filing of a proposed rule Rule 104 To Delete Subsection It is ordered: change, or within such longer period up (g)(i)(A)(III) Prohibiting Designated 1. The Commission establishes Docket to 90 days as the Commission may Market Makers From Establishing a Nos. MC2017–58 and CP2017–86 for designate if it finds such longer period New High (Low) Price on the Exchange consideration of the matters raised by to be appropriate and publishes its in a Security the DMM Has a Long the Postal Service’s Notice. reasons for so finding, or as to which the (Short) Position During the Last Ten 2. Pursuant to 39 U.S.C. 505, Katalin self-regulatory organization consents, Minutes Prior to the Close of Trading K. Clendenin is appointed to serve as an the Commission shall either approve the officer of the Commission to represent December 20, 2016. proposed rule change, disapprove the the interests of the general public in this proposed rule change, or institute On October 27, 2016, New York Stock proceeding (Public Representative). proceedings to determine whether the Exchange LLC (‘‘NYSE’’ or ‘‘Exchange’’) 3. Comments are due no later than filed with the Securities and Exchange proposed rule change should be December 28, 2016. Commission (‘‘Commission’’) pursuant disapproved. The 45th day after 4. The Secretary shall arrange for to Section 19(b)(1) of the Securities publication of the notice for this Exchange Act of 1934 (‘‘Act’’) 1 and Rule publication of this order in the Federal proposed rule change is January 1, 2017. 19b–4 thereunder,2 a proposed rule Register. The Commission is extending this 45- change to amend Rule 104 to delete By the Commission. day time period. subsection (g)(i)(A)(III) prohibiting Stacy L. Ruble, The Commission finds it appropriate Designated Market Makers (‘‘DMMs’’) Secretary. from establishing a new high (low) price to designate a longer period within [FR Doc. 2016–31075 Filed 12–23–16; 8:45 am] which to take action on the proposed on the Exchange in a security the DMM BILLING CODE 7710–FW–P rule change so as to allow additional has a long (short) position during the time to consider the proposal. last ten minutes prior to the close of Accordingly, the Commission, pursuant trading. The proposed rule change was SECURITIES AND EXCHANGE to Section 19(b)(2) of the Act,5 published for comment in the Federal COMMISSION designates February 15, 2017, as the Register on November 17, 2016.3 The [Release No. 34–79611; File No. SR– date by which the Commission shall Commission received no comments on NYSEMKT–2016–99] either approve or disapprove, or the proposed rule change. institute proceedings to determine Section 19(b)(2) of the Act 4 provides Self-Regulatory Organizations; NYSE whether to disapprove, the proposed that within 45 days of the publication of MKT LLC; Notice of Designation of a notice of the filing of a proposed rule rule change (File No. SR–NYSEMKT– Longer Period for Commission Action change, or within such longer period up 2016–99). on Proposed Rule Change Amending to 90 days as the Commission may Rule 104—Equities To Delete For the Commission, by the Division of designate if it finds such longer period Subsection (g)(i)(A)(III) Prohibiting Trading and Markets, pursuant to delegated to be appropriate and publishes its Designated Market Makers From authority.6 reasons for so finding, or as to which the Establishing a New High (Low) Price Eduardo A. Aleman, self-regulatory organization consents, on the Exchange in a Security the DMM Assistant Secretary. the Commission shall either approve the Has a Long (Short) Position During the [FR Doc. 2016–31103 Filed 12–23–16; 8:45 am] proposed rule change, disapprove the Last Ten Minutes Prior to the Close of proposed rule change, or institute BILLING CODE 8011–01–P Trading proceedings to determine whether the proposed rule change should be December 20, 2016. disapproved. The 45th day after On October 27, 2016, NYSE MKT LLC publication of the notice for this (‘‘Exchange’’ or ‘‘NYSE MKT’’) filed proposed rule change is January 1, 2017. with the Securities and Exchange The Commission is extending this 45- Commission (‘‘Commission’’) pursuant day time period. to Section 19(b)(1) of the Securities The Commission finds it appropriate Exchange Act of 1934 (‘‘Act’’) 1 and Rule to designate a longer period within 19b–4 thereunder,2 a proposed rule which to take action on the proposed asabaliauskas on DSK3SPTVN1PROD with NOTICES change to amend Rule 104—Equities to rule change so as to allow additional delete subsection (g)(i)(A)(III) time to consider the proposal. prohibiting Designated Market Makers Accordingly, the Commission, pursuant (‘‘DMMs’’) from establishing a new high (low) price on the Exchange in a 3 See Securities Exchange Act Release No. 79283 1 15 U.S.C. 78s(b)(1). security the DMM has a long (short) (November 10, 2016), 81 FR 81210 (‘‘Notice’’). 2 17 CFR 240.19b–4. 4 15 U.S.C. 78s(b)(2). 3 See Securities Exchange Act Release No. 79284 1 15 5 Id. U.S.C. 78s(b)(1). (November 10, 2016), 81 FR 81222 (‘‘Notice’’). 2 17 CFR 240.19b–4. 6 17 CFR 200.30–3(a)(31). 4 15 U.S.C. 78s(b)(2). VerDate Sep<11>2014 20:45 Dec 23, 2016 Jkt 241001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\27DEN1.SGM 27DEN1

95206 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices to Section 19(b)(2) of the Act,5 self-regulatory organization consents, comments on the proposed rule change designates February 15, 2017, as the the Commission shall either approve the from interested persons. date by which the Commission shall proposed rule change, disapprove the I. Self-Regulatory Organization’s either approve or disapprove, or proposed rule change, or institute Statement of the Terms of Substance of institute proceedings to determine proceedings to determine whether the the Proposed Rule Change whether to disapprove, the proposed proposed rule change should be rule change (File No. SR–NYSE–2016– disapproved. The 45th day for this filing The Exchange proposes to amend 71). is December 30, 2016. Rule 3317 (Compliance with Regulation The Commission is extending the 45- NMS Plan to Implement a Tick Size For the Commission, by the Division of day time period for Commission action Pilot) relating to the handling to certain Trading and Markets, pursuant to delegated authority.6 on the proposed rule change. The Order Types in Test Group Three Pilot Commission finds that it is appropriate Securities in connection with the Eduardo A. Aleman, to designate a longer period within Regulation NMS Plan to Implement a Assistant Secretary. Tick Size Pilot Program (‘‘Plan’’ or [FR Doc. 2016–31104 Filed 12–23–16; 8:45 am] which to take action on the proposed ‘‘Pilot’’).3 Relatedly, the Exchange also rule change so that it has sufficient time BILLING CODE 8011–01–P proposes to delete Commentary .14, to consider and take action on the which addresses the current handling of Exchange’s proposed rule change. those Order Types. Finally, Phlx SECURITIES AND EXCHANGE Accordingly, pursuant to Section proposes to add language to Rule COMMISSION 19(b)(2) of the Act 6 and for the reasons 3317(d)(1) to clarify the treatment of stated above, the Commission orders in a Test Group Three Security [Release No. 34–79613; File No. SR–BOX– 2016–50] designates February 13, 2017, as the entered through the RASH or FIX date by which the Commission should protocols. Self-Regulatory Organizations; BOX either approve or disapprove, or The text of the proposed rule change Options Exchange LLC; Notice of institute proceedings to determine is available on the Exchange’s Web Designation of Longer Period for whether to disapprove, the proposed site at http://nasdaqphlx. Commission Action on Proposed Rule rule change (File No. SR–BOX–2016– cchwallstreet.com/, at the principal Change To Amend Rule 5050 Series of 50). office of the Exchange, and at the Options Contracts Open for Trading To For the Commission, by the Division of Commission’s Public Reference Room. Provide for the Listing and Trading on Trading and Markets, pursuant to delegated the Exchange of RealDayTM Options authority.7 II. Self-Regulatory Organization’s Pursuant to a Pilot Program Eduardo A. Aleman, Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Assistant Secretary. December 20, 2016. Change [FR Doc. 2016–31105 Filed 12–23–16; 8:45 am] On October 26, 2016, BOX Options In its filing with the Commission, the BILLING CODE 8011–01–P Exchange LLC (‘‘Exchange’’) filed with Exchange included statements the Securities and Exchange concerning the purpose of and basis for Commission (‘‘Commission’’), pursuant the proposed rule change and discussed SECURITIES AND EXCHANGE to Section 19(b)(1) of the Securities any comments it received on the COMMISSION Exchange Act of 1934 (‘‘Act’’) 1 and Rule proposed rule change. The text of these 19b–4 thereunder,2 a proposed rule statements may be examined at the change to provide for the listing and [Release No. 34–79614; File No. SR–Phlx– 2016–121] places specified in Item IV below. The trading on the Exchange of RealDayTM Exchange has prepared summaries, set Options pursuant to a pilot program. forth in sections A, B, and C below, of Self-Regulatory Organizations; The proposed rule change was the most significant aspects of such NASDAQ PHLX LLC; Notice of Filing published for comment in the Federal statements. and Immediate Effectiveness of Register on November 15, 2016.3 The Proposed Rule Change To Amend Rule A. Self-Regulatory Organization’s Commission has received one comment 3317 (Compliance With Regulation letter on the proposal.4 Statement of the Purpose of, and NMS Plan To Implement a Tick Size Statutory Basis for, the Proposed Rule Section 19(b)(2) of the Act 5 provides Pilot) Change that within 45 days of the publication of notice of the filing of a proposed rule December 20, 2016. 1. Purpose change, or within such longer period up Pursuant to Section 19(b)(1) of the to 90 days as the Commission may On September 7, 2016, the Exchange Securities Exchange Act of 1934 filed with the Securities and Exchange designate if it finds such longer period (‘‘Act’’),1 and Rule 19b–4 thereunder,2 to be appropriate and publishes its Commission (‘‘SEC’’ or ‘‘Commission’’) notice is hereby given that on December a proposed rule change (‘‘Proposal’’) to reasons for so finding or as to which the 13, 2016, NASDAQ PHLX LLC (‘‘Phlx’’ adopt paragraph (d) and Commentary 5 Id. or ‘‘Exchange’’) filed with the Securities .12 to Exchange Rule 3317 to describe 6 17 and Exchange Commission (‘‘SEC’’ or changes to system functionality CFR 200.30–3(a)(31). 1 15 U.S.C. 78s(b)(1). ‘‘Commission’’) the proposed rule necessary to implement the Plan. The asabaliauskas on DSK3SPTVN1PROD with NOTICES 2 17 CFR 240.19b–4. change as described in Items I and II Exchange also proposed amendments to 3 See Securities Exchange Act Release No. 79258 below, which Items have been prepared Rule 3317(a) and (c) to clarify how the (November 8, 2016), 81 FR 80125. by the Exchange. The Commission is Trade-at exception may be satisfied. The 4 See Letter from Edward T. Tilly, Chief Executive publishing this notice to solicit SEC published the Proposal in the Officer, Chicago Board Options Exchange, Incorporated, to Brent J. Fields, Secretary, Federal Register for notice and 6 15 U.S.C. 78s(b)(2). Commission, dated December 6, 2016, available at 7 17 CFR 200.30–3(a)(31). https://www.sec.gov/comments/sr-box-2016-50/ 3 See Securities Exchange Act Release No. 74892 box201650-1.pdf. 1 15 U.S.C. 78s(b)(1). (May 6, 2015), 80 FR 27513 (May 13, 2015) 5 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4. (‘‘Approval Order’’). VerDate Sep<11>2014 20:45 Dec 23, 2016 Jkt 241001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\27DEN1.SGM 27DEN1


Document Created: 2018-02-14 09:13:50
Document Modified: 2018-02-14 09:13:50
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 95205 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR