Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.16, 86355-86357 [2016-28777]
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Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Notices
Implementation Timeframe
Pending Commission approval,
Members would be advised of the
implementation date of this proposal
through issuance of an NSCC Important
Notice. NSCC expects to run the
proposed changes in a test environment
for a parallel period of at least three
months prior to implementation. Details
and dates regarding such test period
would be communicated to Members
through an NSCC Important Notice.
III. Date of Effectiveness of the Advance
Notice, and Timing for Commission
Action
The proposed change may be
implemented if the Commission does
not object to the proposed change
within 60 days of the later of (i) the date
that the proposed change was filed with
the Commission or (ii) the date that any
additional information requested by the
Commission is received. The clearing
agency shall not implement the
proposed change if the Commission has
any objection to the proposed change.
The Commission may extend the
period for review by an additional 60
days if the proposed change raises novel
or complex issues, subject to the
Commission providing the clearing
agency with prompt written notice of
the extension. A proposed change may
be implemented in less than 60 days
from the date the advance notice is
filed, or the date further information
requested by the Commission is
received, if the Commission notifies the
clearing agency in writing that it does
not object to the proposed change and
authorizes the clearing agency to
implement the proposed change on an
earlier date, subject to any conditions
imposed by the Commission.
The clearing agency shall post notice
on its Web site of proposed changes that
are implemented.
The proposal shall not take effect
until all regulatory actions required
with respect to the proposal are
completed.
sradovich on DSK3GMQ082PROD with NOTICES
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the Advance Notice
is consistent with the Clearing
Supervision Act. Comments may be
submitted by any of the following
methods:
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NSCC–2016–803 on the subject line.
SECURITIES AND EXCHANGE
COMMISSION
Paper Comments
[Release No. 34–79387; File No. SR–
NYSEArca–2016–150]
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549.
All submissions should refer to File
Number SR–NSCC–2016–803. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the Advance Notice that
are filed with the Commission, and all
written communications relating to the
Advance Notice 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 NSCC and on DTCC’s Web site
(https://dtcc.com/legal/sec-rulefilings.aspx). 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–NSCC–
2016–803 and should be submitted on
or before December 15, 2016.
By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016–28771 Filed 11–29–16; 8:45 am]
BILLING CODE 8011–01–P
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending NYSE Arca
Equities Rule 7.16
November 23, 2016.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on
November 15, 2016, NYSE Arca, Inc.
(the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
NYSE Arca Equities Rule 7.16 (Short
Sales) to eliminate the option for a short
sale order to include an instruction that
it be rejected or cancelled if it is
required to be re-priced. 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.
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
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86355
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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86356
Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Notices
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 Arca Equities Rule 7.16 (Short
Sales) (‘‘Rule 7.16’’) to eliminate the
option for a short sale order to include
an instruction that it be rejected or
cancelled if it is required to be repriced.
Rule 7.16(f)(5)(B) currently provides
that an ETP Holder may mark
individual short sale orders to be
rejected on arrival, or cancelled if
resting, if required to be adjusted to a
Permitted Price while a symbol is
subject to the Short Sale Price Test.4
The Exchange adopted the current
functionality in its rules in 2015 and
implemented it when the Exchange
migrated to the Pillar technology trading
platform in 2016.5 Prior to operating on
the Pillar platform, this option was
available only to arriving orders.6
The Exchange proposes to simplify
how short sale orders are processed by
eliminating the current optional
functionality described in Rule
7.16(f)(5)(B). The Exchange does not
believe that removing this optional
functionality will significantly affect
investors or the public because it is a
little-used feature.7 In addition, to
reflect the deletion of the text currently
set forth in Rule 7.16(f)(5)(B), the
Exchange proposes a non-substantive
change to renumber current Rules
7.16(f)(5)(C)–(J) as proposed Rules
7.16(f)(5)(B)–(I).
Because of the technology changes
associated with this proposed rule
change, the Exchange will announce by
Trader Update the implementation date.
sradovich on DSK3GMQ082PROD with NOTICES
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),8 in general, and furthers the
objectives of Section 6(b)(5),9 in
particular, because it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
4 The term ‘‘Permitted Price’’ is defined in Rule
7.16(f)(5)(A) and the term ‘‘Short Sale Price Test’’
is defined in Rule 7.16(f)(2).
5 See Securities Exchange Act Release Nos. 76198
(October 20, 2015), 80 FR 65274 (October 26, 2015)
(Approval Order) and 75467 (July 16, 2015), 80 FR
43515 (July 22, 2015) (Notice) (SR–NYSEArca–
2016–58).
6 See Notice supra note 5 at 43521.
7 For the three-month period of August 1, 2016
through October 31, 2016, only 0.16% of all sell
short orders included the optional instruction.
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014
16:51 Nov 29, 2016
Jkt 241001
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, to remove
impediments to, and perfect the
mechanism of, a free and open market
and a national market system and, in
general, to protect investors and the
public interest.
Specifically, the Exchange believes
that the proposed rule change would
remove impediments to and perfect the
mechanism of a free and open market
and a national market system by
simplifying the operation of short sale
orders on the Exchange. The Exchange
proposes to eliminate an optional
feature that provides that if so
instructed, during a Short Sale Price
Test, an individual short sale order
would reject (on arrival) or cancel (if
resting) if such order were required to
be adjusted to a Permitted Price.
Because this is infrequently-used
optional functionality, the Exchange
believes that the proposed rule change
would remove impediments to and
perfect the mechanism of a free and
open market and a national market
system by simplifying the Exchange’s
operations and reducing complexity.
The Exchange further believes that
renumbering the remaining paragraphs
of Rule 7.16(f)(5) would remove
impediments to and perfect the
mechanism of a free and open market
and a national market system because it
would promote transparency in
Exchange rules by conforming the rule
numbering of the remaining rule text of
Rule 7.16(f)(5).
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
Exchange believes that the proposed
rule change would not impose any
burden on competition because it is not
designed to address any competitive
issues. Rather, the proposed rule change
is designed to simplify the Exchange’s
offerings and reduce complexity by
eliminating an infrequently-used
optional feature.
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.
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Frm 00038
Fmt 4703
Sfmt 4703
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change
does not (i) significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 10 and Rule 19b–
4(f)(6) thereunder.11
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 12 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 13
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has asked
the Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. According to the Exchange, the
proposal would eliminate an
infrequently-used optional functionality
and would have little impact on ETP
Holders. In addition, the Exchange
anticipates that the technology
supporting the change will be available
in less than 30 days after filing. The
Commission believes the waiver of the
operative delay is consistent with the
protection of investors and the public
interest. Therefore, the Commission
hereby waives the operative delay and
designates the proposal operative upon
filing.14
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
10 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
12 17 CFR 240.19b–4(f)(6).
13 17 CFR 240.19b–4(f)(6)(iii).
14 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
11 17
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Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Notices
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEArca–2016–150 on the subject
line.
Paper Comments
sradovich on DSK3GMQ082PROD with NOTICES
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2016–150. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEArca–2016–150 and should be
submitted on or before December 21,
2016.
VerDate Sep<11>2014
16:51 Nov 29, 2016
Jkt 241001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–28777 Filed 11–29–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79392; File No. SR–
NYSEArca–2016–151]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Rule 7.31
November 23, 2016.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on
November 15, 2016, NYSE Arca, Inc.
(the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Rule 7.31 (Orders and Modifiers). 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.
15 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
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Frm 00039
Fmt 4703
Sfmt 4703
86357
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
Rule 7.31 (Orders and Modifiers).
Specifically, Rule 7.31(d)(1)(C) provides
that a Reserve Order must be designated
Day and may be combined with an Arca
Only Order, a Primary Pegged Order or
a Q Order as each such order is a
displayed order. However, given the
lack of participation of Reserve Orders
that are combined with Q Orders, the
Exchange proposes to delete from its
rules that a Reserve Order may be
combined with a Q Order.4 The
Exchange believes the proposed change
will streamline the operation of Reserve
Orders on the Exchange by limiting the
functionality to features that are actually
utilized by market participants.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the Act,5
in general, and furthers the objectives of
Section 6(b)(5),6 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
facilitating transactions in securities, to
remove impediments to, and perfect the
mechanism of, a free and open market
and a national market system and, in
general, to protect investors and the
public interest.
Specifically, the Exchange believes
that removing the ability for market
participants to combine Reserve Orders
with Q Orders would remove
impediments to and perfect the
mechanism of a free and open market
and a national market system because
the proposed change would eliminate
functionality not used by market
participants and thereby, streamline the
operation of Reserve Orders on the
Exchange.
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 change is not designed to
address any competitive issue but rather
4 The Exchange has not received any Reserve
Orders combined with a Q Order since the
Exchange introduced the Pillar trading platform on
February 22, 2016.
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(5).
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Agencies
[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Notices]
[Pages 86355-86357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28777]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79387; File No. SR-NYSEArca-2016-150]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Equities Rule 7.16
November 23, 2016.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 15, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend NYSE Arca Equities Rule 7.16 (Short
Sales) to eliminate the option for a short sale order to include an
instruction that it be rejected or cancelled if it is required to be
re-priced. 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.
[[Page 86356]]
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 Arca Equities Rule 7.16 (Short
Sales) (``Rule 7.16'') to eliminate the option for a short sale order
to include an instruction that it be rejected or cancelled if it is
required to be re-priced.
Rule 7.16(f)(5)(B) currently provides that an ETP Holder may mark
individual short sale orders to be rejected on arrival, or cancelled if
resting, if required to be adjusted to a Permitted Price while a symbol
is subject to the Short Sale Price Test.\4\ The Exchange adopted the
current functionality in its rules in 2015 and implemented it when the
Exchange migrated to the Pillar technology trading platform in 2016.\5\
Prior to operating on the Pillar platform, this option was available
only to arriving orders.\6\
---------------------------------------------------------------------------
\4\ The term ``Permitted Price'' is defined in Rule
7.16(f)(5)(A) and the term ``Short Sale Price Test'' is defined in
Rule 7.16(f)(2).
\5\ See Securities Exchange Act Release Nos. 76198 (October 20,
2015), 80 FR 65274 (October 26, 2015) (Approval Order) and 75467
(July 16, 2015), 80 FR 43515 (July 22, 2015) (Notice) (SR-NYSEArca-
2016-58).
\6\ See Notice supra note 5 at 43521.
---------------------------------------------------------------------------
The Exchange proposes to simplify how short sale orders are
processed by eliminating the current optional functionality described
in Rule 7.16(f)(5)(B). The Exchange does not believe that removing this
optional functionality will significantly affect investors or the
public because it is a little-used feature.\7\ In addition, to reflect
the deletion of the text currently set forth in Rule 7.16(f)(5)(B), the
Exchange proposes a non-substantive change to renumber current Rules
7.16(f)(5)(C)-(J) as proposed Rules 7.16(f)(5)(B)-(I).
---------------------------------------------------------------------------
\7\ For the three-month period of August 1, 2016 through October
31, 2016, only 0.16% of all sell short orders included the optional
instruction.
---------------------------------------------------------------------------
Because of the technology changes associated with this proposed
rule change, the Exchange will announce by Trader Update the
implementation date.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\8\ in general, and
furthers the objectives of Section 6(b)(5),\9\ 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 facilitating
transactions in securities, to remove impediments to, and perfect the
mechanism of, a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
Specifically, the Exchange believes that the proposed rule change
would remove impediments to and perfect the mechanism of a free and
open market and a national market system by simplifying the operation
of short sale orders on the Exchange. The Exchange proposes to
eliminate an optional feature that provides that if so instructed,
during a Short Sale Price Test, an individual short sale order would
reject (on arrival) or cancel (if resting) if such order were required
to be adjusted to a Permitted Price. Because this is infrequently-used
optional functionality, the Exchange believes that the proposed rule
change would remove impediments to and perfect the mechanism of a free
and open market and a national market system by simplifying the
Exchange's operations and reducing complexity. The Exchange further
believes that renumbering the remaining paragraphs of Rule 7.16(f)(5)
would remove impediments to and perfect the mechanism of a free and
open market and a national market system because it would promote
transparency in Exchange rules by conforming the rule numbering of the
remaining rule text of Rule 7.16(f)(5).
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 Exchange believes that
the proposed rule change would not impose any burden on competition
because it is not designed to address any competitive issues. Rather,
the proposed rule change is designed to simplify the Exchange's
offerings and reduce complexity by eliminating an infrequently-used
optional feature.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------
A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \12\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. According to
the Exchange, the proposal would eliminate an infrequently-used
optional functionality and would have little impact on ETP Holders. In
addition, the Exchange anticipates that the technology supporting the
change will be available in less than 30 days after filing. The
Commission believes the waiver of the operative delay is consistent
with the protection of investors and the public interest. Therefore,
the Commission hereby waives the operative delay and designates the
proposal operative upon filing.\14\
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\12\ 17 CFR 240.19b-4(f)(6).
\13\ 17 CFR 240.19b-4(f)(6)(iii).
\14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule
[[Page 86357]]
change should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEArca-2016-150 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2016-150. 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 (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2016-150 and should
be submitted on or before December 21, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-28777 Filed 11-29-16; 8:45 am]
BILLING CODE 8011-01-P