83_FR_32305 83 FR 32172 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 1, To Require Certain Member Organizations To Participate in Scheduled Market-Wide Circuit Breaker Testing

83 FR 32172 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 1, To Require Certain Member Organizations To Participate in Scheduled Market-Wide Circuit Breaker Testing

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 133 (July 11, 2018)

Page Range32172-32174
FR Document2018-14850

Federal Register, Volume 83 Issue 133 (Wednesday, July 11, 2018)
[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Pages 32172-32174]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14850]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83601; File No. SR-NYSE-2018-31]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 
1, To Require Certain Member Organizations To Participate in Scheduled 
Market-Wide Circuit Breaker Testing

July 6, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given 
that, on June 26, 2018, the New York Stock Exchange LLC (``NYSE'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') a proposed rule change. On July 5, 2018, the Exchange 
filed Amendment No. 1 to the proposed rule change, as described in 
Items I, II, and III, below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change, as amended, 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 require certain member organizations to 
participate in scheduled Market-Wide Circuit Breaker testing. Amendment 
No.1 supersedes the original filing in its entirety. The proposed rule 
change is available on the Exchange's website at www.nyse.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend NYSE Rule 49 to require certain 
member organizations to participate in scheduled Market-Wide Circuit 
Breaker (``MWCB'') testing.
    MWCBs are important, automatic mechanisms that are invoked to 
promote stability and investor confidence during a period of 
significant stress when securities markets experience extreme broad-
based declines. MWCBs are designed to slow the effects of extreme price 
movement through coordinated trading halts across securities markets 
when severe price declines reach levels that may exhaust market 
liquidity. All U.S. equity and options exchanges have established 
procedures that allow for trading to be halted, or under extreme 
circumstances, for markets to be closed before the normal close of 
trading for a trading day. MWCBs provide for trading halts in all 
equities and options markets during a severe market decline as measured 
by a single-day decline in the S&P 500 Index.
    Pursuant to NYSE Rule 80B (Trading Halts Due to Extraordinary 
Market Volatility), a market-wide trading halt will be triggered if the 
S&P 500 Index declines in price by specified percentages from the prior 
day's closing price of that index. Currently, the triggers are set at 
three circuit breaker thresholds: 7% (Level 1), 13% (Level 2) and 20% 
(Level 3). A market decline that triggers a Level 1 or Level 2 circuit 
breaker after 9:30 a.m. ET and before 3:25 p.m. ET would halt market-
wide trading for 15 minutes, while a similar market decline at or after 
3:25 p.m. ET would not halt market-wide trading. A market decline that 
triggers a Level 3 circuit breaker, at any time during the trading day, 
would halt market-wide trading for the remainder of the trading day.
    The Security [sic] Information Processors (``SIP'') for the U.S. 
equity markets have established a quarterly MWCB testing schedule.\4\ 
On the

[[Page 32173]]

scheduled dates, the Consolidated Tape Association Plan (``CTA Plan'') 
and the Consolidated Quotation Plan (``CQ'' Plan'') (collectively ``the 
CTA/CQ Plans'') \5\ and the Nasdaq/UTP Plan \6\ conduct MWCB testing 
that allows market participants across the securities industry to test 
their ability to receive messages associated with MWCBs, including 
decline status, halt and resume messages. Market participants are also 
able to participate in testing of re-opening auctions following market-
wide circuit breaker halts.
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    \4\ See https://www.nyse.com/publicdocs/ctaplan/notifications/trader-update/CTS_CQS%202018_Failover%20Testing_Q1.pdf.
    \5\ The CTA/CQ Plans govern the collection, consolidation, 
processing and dissemination of last sale and quotation information 
for Network A and Network B securities. Network A refers to 
securities listed on NYSE and Network B refers to securities listed 
on exchanges other than the Nasdaq Stock Market LLC (``Nasdaq'').
    \6\ The Joint Self-Regulatory Organization Plan Governing the 
Collection, Consolidation and Dissemination of Quotation and 
Transaction Information for Nasdaq-Listed Securities Traded on 
Exchanges on an Unlisted Trading Privileges Basis (``Nasdaq/UTP 
Plan'') governs the collection, consolidation, processing, and 
dissemination of last sale and quotation information for Network C 
securities. Network C refers to securities listed on Nasdaq.
---------------------------------------------------------------------------

    The Exchange believes the quarterly tests are critical to ensure 
that securities markets halt trading and subsequently re-open in a 
manner consistent with the MWCB rules. To that end, the Exchange 
believes that certain member organizations should be required to 
participate in scheduled MWCB tests. The proposed rule would provide 
the Exchange with authority to require participation by member 
organizations in industry-wide tests to validate that their processing 
in the event of MWCB is as expected within their systems.
    In 2015, in connection with Regulation Systems Compliance and 
Integrity (``Regulation SCI''), the Exchange adopted rules to require 
certain member organizations to participate in testing of the operation 
of the Exchange's business continuity and disaster recovery plans. The 
Exchange similarly believes that requiring member organizations to 
participate in mandatory MWCB testing because they, for example, 
account for a significant portion of the Exchange's overall volume or 
maintain exclusive responsibilities with respect to Exchange-listed 
securities would be a reasonable means to ensure the maintenance of a 
fair and orderly market. Because member organizations required to 
participate in Regulation SCI testing have already been identified as 
essential for the maintenance of a fair and orderly market, the 
Exchange believes these same member organizations should also be 
required to participate in scheduled MWCB testing. Accordingly, the 
Exchange proposes new Rule 49(c)(1), which would provide that each 
member organization notified of its obligation to participate in 
mandatory testing pursuant to standards established under paragraphs 
(b)(1) and (3) \7\ of Rule 49 would also be required to participate in 
scheduled MWCB testing, in the manner and frequency specified by the 
Exchange.
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    \7\ Paragraph (b)(1) of Rule 49 establishes standards for the 
designation of member organizations that the Exchange determines are 
necessary to participate in business continuity and disaster 
recovery plans testing in connection with Regulation SCI. See 
Securities Exchange Act Release No. 76346 (November 4, 2015), 80 FR 
69765 (November 10, 2015).
---------------------------------------------------------------------------

    Currently, the annual Regulation SCI test is conducted in October 
of each calendar year and at least three (3) months prior to such test, 
the Exchange provides a notice to member organizations that are 
required to participate in such test (``SCI Notice''). The Exchange 
proposes that future SCI Notices would also include notification to 
member organizations of their obligation to participate in a scheduled 
MWCB test.
    Finally, proposed Rule 49(c)(2) would provide that member 
organizations not required to participate in a scheduled MWCB test 
pursuant to standards established in paragraphs (b)(1) and (3) of Rule 
49 would be permitted to participate in a scheduled MWCB test.
    The Exchange proposes to implement the proposed rule change at the 
same time that the Exchange notifies member organizations of required 
participation in the 2019 Regulation SCI industry test.\8\ The 2019 SCI 
Notice would identify the member organizations that would be required 
to participate in scheduled MWCB testing. Member organizations notified 
in the 2019 SCI Notice of their obligation to participate in a 
scheduled MWCB test would be required to participate in such test on at 
least one of the testing dates established by the SIPs.\9\
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    \8\ Member organizations were notified of required participation 
for the 2018 Regulation SCI test scheduled for October 13, 2018 in 
April 2018. As noted above, the Exchange encourages all member 
organizations to test voluntarily but believes that implementing the 
new rule in 2019 would provide member organizations with adequate 
time to prepare for a scheduled MWCB test.
    \9\ See supra, note 4.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\10\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\11\ in particular, because it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to, and 
perfect the mechanisms of, a free and open market and a national market 
system and, in general, to protect investors and the public interest 
and because it is not designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    The proposed rule requiring member organizations to participate in 
mandatory MWCB testing would enable the Exchange, participating member 
organizations, and others to evaluate the readiness of such member 
organizations in the event of unanticipated market volatility. The 
proposal would also ensure that the member organizations necessary to 
ensure the maintenance of a fair and orderly market are properly 
designated as such designation would be determined by the same clear 
and objective standards used by the Exchange currently to determine 
which member organizations are required to participate in mandatory 
Regulation SCI testing.

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

    The Exchange does not believe that the proposed rule change would 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange believes that 
requiring participation in MWCB testing does not impose an undue burden 
on competition that is not necessary or appropriate because member 
organizations required to participate in MWCB testing under the 
proposal have been designated by the Exchange as essential to the 
maintenance of a fair and orderly market, such that their demonstrated 
ability to halt and subsequently re-open trading in response to an 
emergency should contribute to a fair and orderly market for the 
benefit of all market participants.

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.

[[Page 32174]]

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 45 days of the date of publication of this notice in the 
Federal Register or up to 90 days (i) as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding or (ii) as to which the self-regulatory 
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSE-2018-31 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-NYSE-2018-31. 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 website (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 website 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. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NYSE-2018-31 and should be submitted on 
or before August 1, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14850 Filed 7-10-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               32172                        Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices

                                               including whether the proposed rule                        For the Commission, by the Division of                on the proposed rule change. The text
                                               change is consistent with the Act.                       Trading and Markets, pursuant to delegated              of those statements may be examined at
                                               Comments may be submitted by any of                      authority.16                                            the places specified in Item IV below.
                                               the following methods:                                   Eduardo A. Aleman,                                      The Exchange has prepared summaries,
                                                                                                        Assistant Secretary.                                    set forth in sections A, B, and C below,
                                               Electronic Comments                                      [FR Doc. 2018–14849 Filed 7–10–18; 8:45 am]             of the most significant parts of such
                                                                                                                                                                statements.
                                                 • Use the Commission’s internet                        BILLING CODE 8011–01–P

                                               comment form (http://www.sec.gov/                                                                                A. Self-Regulatory Organization’s
                                               rules/sro.shtml); or                                                                                             Statement of the Purpose of, and the
                                                                                                        SECURITIES AND EXCHANGE
                                                 • Send an email to rule-comments@                                                                              Statutory Basis for, the Proposed Rule
                                                                                                        COMMISSION
                                                                                                                                                                Change
                                               sec.gov. Please include File Number
                                                                                                        [Release No. 34–83601; File No. SR–NYSE–
                                               SRb–4CboeEDGX–2018–024 on the                            2018–31]
                                                                                                                                                                1. Purpose
                                               subject line.                                                                                                       The Exchange proposes to amend
                                                                                                        Self-Regulatory Organizations; New                      NYSE Rule 49 to require certain member
                                               Paper Comments
                                                                                                        York Stock Exchange LLC; Notice of                      organizations to participate in
                                                 • Send paper comments in triplicate                    Filing of Proposed Rule Change, as                      scheduled Market-Wide Circuit Breaker
                                               to Secretary, Securities and Exchange                    Modified by Amendment No. 1, To                         (‘‘MWCB’’) testing.
                                               Commission, 100 F Street NE,                             Require Certain Member Organizations                       MWCBs are important, automatic
                                               Washington, DC 20549–1090.                               To Participate in Scheduled Market-                     mechanisms that are invoked to
                                                                                                        Wide Circuit Breaker Testing                            promote stability and investor
                                               All submissions should refer to File                                                                             confidence during a period of
                                               Number SRb–4CboeEDGX–2018–024.                           July 6, 2018.                                           significant stress when securities
                                               This file number should be included on                      Pursuant to Section 19(b)(1) 1 of the                markets experience extreme broad-based
                                               the subject line if email is used. To help               Securities Exchange Act of 1934                         declines. MWCBs are designed to slow
                                               the Commission process and review                        (‘‘Act’’) 2 and Rule 19b–4 thereunder,3                 the effects of extreme price movement
                                               your comments more efficiently, please                   notice is hereby given that, on June 26,                through coordinated trading halts across
                                               use only one method. The Commission                      2018, the New York Stock Exchange                       securities markets when severe price
                                               will post all comments on the                            LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed                declines reach levels that may exhaust
                                               Commission’s internet website (http://                   with the Securities and Exchange                        market liquidity. All U.S. equity and
                                                                                                        Commission (‘‘Commission’’) a                           options exchanges have established
                                               www.sec.gov/rules/sro.shtml). Copies of
                                                                                                        proposed rule change. On July 5, 2018,                  procedures that allow for trading to be
                                               the submission, all subsequent
                                                                                                        the Exchange filed Amendment No. 1 to                   halted, or under extreme circumstances,
                                               amendments, all written statements                       the proposed rule change, as described                  for markets to be closed before the
                                               with respect to the proposed rule                        in Items I, II, and III, below, which Items             normal close of trading for a trading
                                               change that are filed with the                           have been prepared by the Exchange.                     day. MWCBs provide for trading halts in
                                               Commission, and all written                              The Commission is publishing this                       all equities and options markets during
                                               communications relating to the                           notice to solicit comments on the                       a severe market decline as measured by
                                               proposed rule change between the                         proposed rule change, as amended, from                  a single-day decline in the S&P 500
                                               Commission and any person, other than                    interested persons.                                     Index.
                                               those that may be withheld from the                                                                                 Pursuant to NYSE Rule 80B (Trading
                                               public in accordance with the                            I. Self-Regulatory Organization’s
                                                                                                                                                                Halts Due to Extraordinary Market
                                               provisions of 5 U.S.C. 552, will be                      Statement of the Terms of Substance of
                                                                                                                                                                Volatility), a market-wide trading halt
                                                                                                        the Proposed Rule Change
                                               available for website viewing and                                                                                will be triggered if the S&P 500 Index
                                               printing in the Commission’s Public                        The Exchange proposes to require                      declines in price by specified
                                               Reference Room, 100 F Street NE,                         certain member organizations to                         percentages from the prior day’s closing
                                               Washington, DC 20549, on official                        participate in scheduled Market-Wide                    price of that index. Currently, the
                                               business days between the hours of                       Circuit Breaker testing. Amendment                      triggers are set at three circuit breaker
                                               10:00 a.m. and 3:00 p.m. Copies of the                   No.1 supersedes the original filing in its              thresholds: 7% (Level 1), 13% (Level 2)
                                               filing also will be available for                        entirety. The proposed rule change is                   and 20% (Level 3). A market decline
                                               inspection and copying at the principal                  available on the Exchange’s website at                  that triggers a Level 1 or Level 2 circuit
                                               office of the Exchange. All comments                     www.nyse.com, at the principal office of                breaker after 9:30 a.m. ET and before
                                               received will be posted without change.                  the Exchange, and at the Commission’s                   3:25 p.m. ET would halt market-wide
                                                                                                        Public Reference Room.                                  trading for 15 minutes, while a similar
                                               Persons submitting comments are
                                                                                                        II. Self-Regulatory Organization’s                      market decline at or after 3:25 p.m. ET
                                               cautioned that we do not redact or edit
                                                                                                        Statement of the Purpose of, and                        would not halt market-wide trading. A
                                               personal identifying information from
                                                                                                        Statutory Basis for, the Proposed Rule                  market decline that triggers a Level 3
                                               comment submissions. You should
                                                                                                        Change                                                  circuit breaker, at any time during the
                                               submit only information that you wish                                                                            trading day, would halt market-wide
                                               to make available publicly. All                            In its filing with the Commission, the                trading for the remainder of the trading
                                               submissions should refer to File                         self-regulatory organization included                   day.
                                               Number SRb–4CboeEDGX–2018–024                            statements concerning the purpose of,                      The Security [sic] Information
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                                               and should be submitted on or before                     and basis for, the proposed rule change                 Processors (‘‘SIP’’) for the U.S. equity
                                               August 1, 2018.                                          and discussed any comments it received                  markets have established a quarterly
                                                                                                                                                                MWCB testing schedule.4 On the
                                                                                                             16 17 CFR 200.30–3(a)(12).
                                                                                                             1 15 U.S.C.78s(b)(1).                                4 See https://www.nyse.com/publicdocs/ctaplan/
                                                                                                             2 15 U.S.C. 78a.
                                                                                                                                                                notifications/trader-update/CTS_CQS%202018_
                                                                                                             3 17 CFR 240.19b–4.                                Failover%20Testing_Q1.pdf.



                                          VerDate Sep<11>2014   16:26 Jul 10, 2018   Jkt 244001   PO 00000     Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\11JYN1.SGM   11JYN1


                                                                            Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices                                               32173

                                               scheduled dates, the Consolidated Tape                   Accordingly, the Exchange proposes                      manipulative acts and practices, to
                                               Association Plan (‘‘CTA Plan’’) and the                  new Rule 49(c)(1), which would provide                  promote just and equitable principles of
                                               Consolidated Quotation Plan (‘‘CQ’’                      that each member organization notified                  trade, to foster cooperation and
                                               Plan’’) (collectively ‘‘the CTA/CQ                       of its obligation to participate in                     coordination with persons engaged in
                                               Plans’’) 5 and the Nasdaq/UTP Plan 6                     mandatory testing pursuant to standards                 regulating, clearing, settling, processing
                                               conduct MWCB testing that allows                         established under paragraphs (b)(1) and                 information with respect to, and
                                               market participants across the securities                (3) 7 of Rule 49 would also be required                 facilitating transactions in securities, to
                                               industry to test their ability to receive                to participate in scheduled MWCB                        remove impediments to, and perfect the
                                               messages associated with MWCBs,                          testing, in the manner and frequency                    mechanisms of, a free and open market
                                               including decline status, halt and                       specified by the Exchange.
                                                                                                                                                                and a national market system and, in
                                               resume messages. Market participants                       Currently, the annual Regulation SCI
                                                                                                        test is conducted in October of each                    general, to protect investors and the
                                               are also able to participate in testing of
                                               re-opening auctions following market-                    calendar year and at least three (3)                    public interest and because it is not
                                               wide circuit breaker halts.                              months prior to such test, the Exchange                 designed to permit unfair
                                                  The Exchange believes the quarterly                   provides a notice to member                             discrimination between customers,
                                               tests are critical to ensure that securities             organizations that are required to                      issuers, brokers, or dealers.
                                               markets halt trading and subsequently                    participate in such test (‘‘SCI Notice’’).                 The proposed rule requiring member
                                               re-open in a manner consistent with the                  The Exchange proposes that future SCI                   organizations to participate in
                                               MWCB rules. To that end, the Exchange                    Notices would also include notification                 mandatory MWCB testing would enable
                                               believes that certain member                             to member organizations of their                        the Exchange, participating member
                                               organizations should be required to                      obligation to participate in a scheduled                organizations, and others to evaluate the
                                               participate in scheduled MWCB tests.                     MWCB test.                                              readiness of such member organizations
                                               The proposed rule would provide the                        Finally, proposed Rule 49(c)(2) would                 in the event of unanticipated market
                                               Exchange with authority to require                       provide that member organizations not                   volatility. The proposal would also
                                               participation by member organizations                    required to participate in a scheduled
                                                                                                                                                                ensure that the member organizations
                                               in industry-wide tests to validate that                  MWCB test pursuant to standards
                                               their processing in the event of MWCB                                                                            necessary to ensure the maintenance of
                                                                                                        established in paragraphs (b)(1) and (3)
                                               is as expected within their systems.                     of Rule 49 would be permitted to                        a fair and orderly market are properly
                                                  In 2015, in connection with                           participate in a scheduled MWCB test.                   designated as such designation would
                                               Regulation Systems Compliance and                          The Exchange proposes to implement                    be determined by the same clear and
                                               Integrity (‘‘Regulation SCI’’), the                      the proposed rule change at the same                    objective standards used by the
                                               Exchange adopted rules to require                        time that the Exchange notifies member                  Exchange currently to determine which
                                               certain member organizations to                          organizations of required participation                 member organizations are required to
                                               participate in testing of the operation of               in the 2019 Regulation SCI industry                     participate in mandatory Regulation SCI
                                               the Exchange’s business continuity and                   test.8 The 2019 SCI Notice would                        testing.
                                               disaster recovery plans. The Exchange                    identify the member organizations that
                                               similarly believes that requiring member                                                                         B. Self-Regulatory Organization’s
                                                                                                        would be required to participate in
                                               organizations to participate in                                                                                  Statement on Burden on Competition
                                                                                                        scheduled MWCB testing. Member
                                               mandatory MWCB testing because they,                     organizations notified in the 2019 SCI                    The Exchange does not believe that
                                               for example, account for a significant                   Notice of their obligation to participate               the proposed rule change would impose
                                               portion of the Exchange’s overall                        in a scheduled MWCB test would be                       any burden on competition not
                                               volume or maintain exclusive                             required to participate in such test on at
                                               responsibilities with respect to                                                                                 necessary or appropriate in furtherance
                                                                                                        least one of the testing dates established              of the purposes of the Act. The
                                               Exchange-listed securities would be a                    by the SIPs.9
                                               reasonable means to ensure the                                                                                   Exchange believes that requiring
                                               maintenance of a fair and orderly                        2. Statutory Basis                                      participation in MWCB testing does not
                                               market. Because member organizations                        The Exchange believes that the                       impose an undue burden on
                                               required to participate in Regulation SCI                proposed rule change is consistent with                 competition that is not necessary or
                                               testing have already been identified as                  Section 6(b) of the Act,10 in general, and              appropriate because member
                                               essential for the maintenance of a fair                  furthers the objectives of Section 6(b)(5)              organizations required to participate in
                                               and orderly market, the Exchange                         of the Act,11 in particular, because it is              MWCB testing under the proposal have
                                               believes these same member                               designed to prevent fraudulent and                      been designated by the Exchange as
                                               organizations should also be required to                                                                         essential to the maintenance of a fair
                                               participate in scheduled MWCB testing.                     7 Paragraph (b)(1) of Rule 49 establishes standards
                                                                                                                                                                and orderly market, such that their
                                                                                                        for the designation of member organizations that the    demonstrated ability to halt and
                                                  5 The CTA/CQ Plans govern the collection,             Exchange determines are necessary to participate in
                                                                                                        business continuity and disaster recovery plans         subsequently re-open trading in
                                               consolidation, processing and dissemination of last
                                               sale and quotation information for Network A and         testing in connection with Regulation SCI. See          response to an emergency should
                                               Network B securities. Network A refers to securities     Securities Exchange Act Release No. 76346               contribute to a fair and orderly market
                                               listed on NYSE and Network B refers to securities        (November 4, 2015), 80 FR 69765 (November 10,
                                                                                                        2015).                                                  for the benefit of all market participants.
                                               listed on exchanges other than the Nasdaq Stock
                                                                                                          8 Member organizations were notified of required
                                               Market LLC (‘‘Nasdaq’’).                                                                                         C. Self-Regulatory Organization’s
                                                  6 The Joint Self-Regulatory Organization Plan         participation for the 2018 Regulation SCI test
                                                                                                        scheduled for October 13, 2018 in April 2018. As        Statement on Comments on the
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                                               Governing the Collection, Consolidation and
                                               Dissemination of Quotation and Transaction               noted above, the Exchange encourages all member         Proposed Rule Change Received From
                                               Information for Nasdaq-Listed Securities Traded on       organizations to test voluntarily but believes that     Members, Participants, or Others
                                               Exchanges on an Unlisted Trading Privileges Basis        implementing the new rule in 2019 would provide
                                                                                                        member organizations with adequate time to
                                               (‘‘Nasdaq/UTP Plan’’) governs the collection,
                                                                                                        prepare for a scheduled MWCB test.
                                                                                                                                                                  No written comments were solicited
                                               consolidation, processing, and dissemination of last
                                               sale and quotation information for Network C
                                                                                                          9 See supra, note 4.                                  or received with respect to the proposed
                                               securities. Network C refers to securities listed on       10 15 U.S.C. 78f(b).                                  rule change.
                                               Nasdaq.                                                    11 15 U.S.C. 78f(b)(5).




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                                               32174                        Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices

                                               III. Date of Effectiveness of the                        inspection and copying at the principal                   adviser to BGSL; the investment
                                               Proposed Rule Change and Timing for                      office of the Exchange. All comments                      advisers set forth in Schedule A to the
                                               Commission Action                                        received will be posted without change.                   application (together with GDFM and
                                                 Within 45 days of the date of                          Persons submitting comments are                           GAM, the ‘‘GSO Advisers’’); the Existing
                                               publication of this notice in the Federal                cautioned that we do not redact or edit                   Affiliated Funds set forth on Schedule
                                               Register or up to 90 days (i) as the                     personal identifying information from                     A to the application 1; and Blackstone
                                               Commission may designate if it finds                     comment submissions. You should                           Alternative Solutions L.L.C. (‘‘BAS’’).
                                               such longer period to be appropriate                     submit only information that you wish                     FILING DATES: The application was filed
                                               and publishes its reasons for so finding                 to make available publicly. All                           on October 13, 2017, and amended on
                                               or (ii) as to which the self-regulatory                  submissions should refer to File                          June 25, 2018. Applicants have agreed
                                               organization consents, the Commission                    Number SR–NYSE–2018–31 and should                         to file an amendment during the notice
                                               will:                                                    be submitted on or before August 1,                       period, the substance of which is
                                                 (A) By order approve or disapprove                     2018.                                                     reflected in this notice.
                                               the proposed rule change, or                               For the Commission, by the Division of                  HEARING OR NOTIFICATION OF HEARING:
                                                 (B) institute proceedings to determine                 Trading and Markets, pursuant to delegated                An order granting the requested relief
                                               whether the proposed rule change                         authority.12                                              will be issued unless the Commission
                                               should be disapproved.                                   Eduardo A. Aleman,                                        orders a hearing. Interested persons may
                                                                                                        Assistant Secretary.                                      request a hearing by writing to the
                                               IV. Solicitation of Comments                                                                                       Commission’s Secretary and serving
                                                                                                        [FR Doc. 2018–14850 Filed 7–10–18; 8:45 am]
                                                 Interested persons are invited to                      BILLING CODE 8011–01–P                                    applicants with a copy of the request,
                                               submit written data, views, and                                                                                    personally or by mail. Hearing requests
                                               arguments concerning the foregoing,                                                                                should be received by the Commission
                                               including whether the proposed rule                      SECURITIES AND EXCHANGE                                   by 5:30 p.m. on July 30, 2018, and
                                               change is consistent with the Act.                       COMMISSION                                                should be accompanied by proof of
                                               Comments may be submitted by any of                                                                                service on applicants, in the form of an
                                                                                                        [Investment Company Act Release No.
                                               the following methods:                                   33149; 812–14835]
                                                                                                                                                                  affidavit or, for lawyers, a certificate of
                                                                                                                                                                  service. Pursuant to rule 0–5 under the
                                               Electronic Comments
                                                                                                        Blackstone/GSO Floating Rate                              Act, hearing requests should state the
                                                 • Use the Commission’s internet                        Enhanced Income Fund, et al.                              nature of the writer’s interest, any facts
                                               comment form (http://www.sec.gov/                                                                                  bearing upon the desirability of a
                                               rules/sro.shtml); or                                     July 6, 2018.                                             hearing on the matter, the reason for the
                                                 • Send an email to rule-comments@                      AGENCY: Securities and Exchange                           request, and the issues contested.
                                               sec.gov. Please include File Number SR–                  Commission (‘‘Commission’’).                              Persons who wish to be notified of a
                                               NYSE–2018–31 on the subject line.                        ACTION: Notice.                                           hearing may request notification by
                                               Paper Comments                                                                                                     writing to the Commission’s Secretary.
                                                                                                           Notice of application for an order                     ADDRESSES: Secretary, U.S. Securities
                                                  • Send paper comments in triplicate                   under sections 17(d) and 57(i) of the                     and Exchange Commission, 100 F St.
                                               to Secretary, Securities and Exchange                    Investment Company Act of 1940 (the                       NE, Washington, DC 20549–1090.
                                               Commission, 100 F Street NE,                             ‘‘Act’’) and rule 17d–1 under the Act to                  Applicants: 345 Park Avenue, New
                                               Washington, DC 20549–1090.                               permit certain joint transactions                         York, New York 10154.
                                               All submissions should refer to File                     otherwise prohibited by sections 17(d)
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                               Number SR–NYSE–2018–31. This file                        and 57(a)(4) of the Act and rule 17d–1
                                                                                                        under the Act.                                            Asen Parachkevov, Senior Counsel, or
                                               number should be included on the                                                                                   David J. Marcinkus, Branch Chief, at
                                               subject line if email is used. To help the               SUMMARY OF APPLICATION: Applicants
                                                                                                                                                                  (202) 551–6821 (Chief Counsel’s Office,
                                               Commission process and review your                       request an order to permit business                       Division of Investment Management).
                                               comments more efficiently, please use                    development companies (‘‘BDCs’’) and
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: The
                                               only one method. The Commission will                     closed-end management investment
                                                                                                        companies to co-invest in portfolio                       following is a summary of the
                                               post all comments on the Commission’s
                                                                                                        companies with each other and with                        application. The complete application
                                               internet website (http://www.sec.gov/
                                                                                                        certain affiliated investment funds and                   may be obtained via the Commission’s
                                               rules/sro.shtml). Copies of the
                                                                                                        accounts.                                                 website by searching for the file
                                               submission, all subsequent
                                                                                                                                                                  number, or for an applicant using the
                                               amendments, all written statements                       APPLICANTS: Blackstone/GSO Floating
                                                                                                                                                                  Company name box, at http://
                                               with respect to the proposed rule                        Rate Enhanced Income Fund
                                               change that are filed with the                           (‘‘BGFREI’’); Blackstone/GSO Long-                           1 The Existing Affiliated Funds, together with
                                               Commission, and all written                              Short Credit Income Fund (‘‘BGX’’);                       their direct and indirect wholly-owned subsidiaries,
                                               communications relating to the                           Blackstone/GSO Senior Floating Rate                       are entities (i) (A) whose primary investment
                                               proposed rule change between the                         Term Fund (‘‘BSL’’); Blackstone/GSO                       adviser is a GSO Adviser or (B) whose primary
                                                                                                                                                                  investment adviser is a registered investment
                                               Commission and any person, other than                    Strategic Credit Fund (‘‘BGB’’);                          adviser that controls, is controlled by or is under
                                               those that may be withheld from the                      Blackstone/GSO Secured Lending Fund                       common control with an Adviser (as defined
                                               public in accordance with the                            (‘‘BGSL,’’ and together with BGFREI,                      below), but is itself not an Adviser (each, an
                                               provisions of 5 U.S.C. 552, will be                      BGX, BSL, BGB, the ‘‘GSO Regulated                        ‘‘Existing Primary Adviser’’), and whose sub-
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                  adviser is an Adviser (each, an ‘‘Existing Sub-
                                               available for website viewing and                        Funds’’); GSO/Blackstone Debt Funds                       Advised Affiliated Fund’’) and (ii) that either (A)
                                               printing in the Commission’s Public                      Management LLC (‘‘GDFM’’), the                            would be an investment company but for section
                                               Reference Room, 100 F Street NE,                         investment adviser to BGFREI, BGX,                        3(c)(1) or 3(c)(7) of the Act or (B) rely on the rule
                                               Washington, DC 20549 on official                         BSL and BGB; GSO Asset Management                         3a–7 exemption thereunder from investment
                                                                                                                                                                  company status. The sole Existing Primary Adviser
                                               business days between the hours of                       LLC (‘‘GAM’’), the proposed investment                    is BAS. Each of the Existing Sub-Advised Affiliated
                                               10:00 a.m. and 3:00 p.m. Copies of the                                                                             Funds are sub-advised by GSO Capital Partners LP,
                                               filing also will be available for                             12 17   CFR 200.30–3(a)(12).                         a GSO Adviser.



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Document Created: 2018-07-10 23:54:02
Document Modified: 2018-07-10 23:54:02
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 Citation83 FR 32172 

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