Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 123D and the Listed Company Manual, 95677-95679 [2016-31299]
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
because access to the Exchange’s market
would continue to be offered on fair and
non-discriminatory terms. The
Exchange also believes that the proposal
to maintain the current fee schedule is
equitable and not unfairly
discriminatory because all member
organizations would continue to have
the opportunity to enjoy the benefits of
the fee relief with respect to additional
trading licenses.
The Exchange believes that it is
subject to significant competitive forces,
as described below in the Exchange’s
statement regarding the burden on
competition.
For the foregoing reasons, the
Exchange believes that the proposal is
consistent with the Exchange Act.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change will keep trading
license fees the same as they have been
since July 1, 2016. As a result, the
Exchange does not believe that the
proposed rule change will place an
unreasonable burden on current
members because their trading license
fees will remain the same. In addition,
the Exchange does not believe that the
proposed rule change will place an
unreasonable burden on potential
members because a potential member’s
fees will be the same as for a current
member and pro-rated for licenses held
for less than a year.
Finally, the Exchange notes that it
operates in a highly competitive market
in which market participants can
readily favor competing venues if they
deem fee levels at a particular venue to
be excessive or rebate opportunities
available at other venues to be more
favorable. In such an environment, the
Exchange must continually adjust its
fees and rebates to remain competitive
with other exchanges and with
alternative trading systems that have
been exempted from compliance with
the statutory standards applicable to
exchanges. Because competitors are free
to modify their own fees and credits in
response, and because market
participants may readily adjust their
order routing practices, the Exchange
believes that the degree to which fee
changes in this market may impose any
burden on competition is extremely
limited. As a result of all of these
considerations, the Exchange does not
believe that the proposed changes will
impair the ability of member
organizations or competing order
VerDate Sep<11>2014
18:54 Dec 27, 2016
Jkt 241001
execution venues to maintain their
competitive standing in the financial
markets.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 6 of the Act and
subparagraph (f)(2) of Rule 19b–4 7
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
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: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) 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
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
95677
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–NYSE–
2016–88 and should be submitted on or
before January 18, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016–31301 Filed 12–27–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79637; File No. SR–NYSE–
2016–86]
• 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–
NYSE–2016–88 on the subject line.
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Amending Rule
123D and the Listed Company Manual
Paper Comments
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on December
13, 2016, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
• 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–2016–88. 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
December 21, 2016.
8 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
6 15
7 17
PO 00000
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
Frm 00123
Fmt 4703
Sfmt 4703
E:\FR\FM\28DEN1.SGM
28DEN1
95678
Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
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 123D and the Listed Company
Manual to eliminate the requirement for
Floor Official approval for halts in
trading. The proposed rule change is
available on the Exchange’s Web site at
www.nyse.com, at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
sradovich on DSK3GMQ082PROD with NOTICES
1. Purpose
The Exchange proposes to amend
Rule 123D and the Listed Company
Manual to eliminate the requirement for
Floor Official 4 approval before halting
trading in a security. The Exchange
believes that in today’s trading
environment, the requirement for Floor
Official approval before halting trading
in a security is unnecessary and
duplicative of Exchange obligations to
assess whether to halt trading in a
security under Section 202.06 of the
Listed Company Manual.
Current Rule 123D(d) provides that
once trading has commenced, trading
may only be halted with the approval of
a Floor Governor or two Floor Officials
and that an Executive Floor Governor,
or in their absence a Senior Floor
Governor, should be consulted if it is
felt that trading should be halted in a
bank or brokerage stock due to a
potential misperception regarding the
4 ‘‘Floor Official’’ encompasses Floor Governor,
Floor Official, Executive Floor Governor and Senior
Floor Governor, as their responsibilities are
currently assigned in connection with trading halts.
See also Rules 46 and 46A defining Floor Governor,
Floor Official, and Executive Floor Governor.
VerDate Sep<11>2014
18:54 Dec 27, 2016
Jkt 241001
company’s financial viability.5 The rule
further provides that if a listed company
notifies the Exchange in advance of
publication concerning news which
might have a substantial market impact,
the Exchange should advise an
Executive Floor Governor or Floor
Governor, or in their absence, a Floor
Official, and specifies procedures for
Floor Governors to overrule the
Exchange’s determination that a security
should be halted.
Commensurate with the evolution of
the equities markets and trading on the
Exchange towards more automated
processes, the procedures and situations
requiring approvals by Floor Officials
have also evolved. For example, the
Exchange previously eliminated the
ability of a Floor broker to seek an
exception to Rule 122 requirements if
Floor Official permission is obtained.6
In connection with trading halts, the
Exchange is responsible for determining
whether to halt trading in a security
under Section 202.06(B) of the Listed
Company Manual. Thus, requiring Floor
Official approval before a trading halt
can be invoked is an unnecessary pro
forma step rather than a substantive
requirement. Moreover, obtaining Floor
Governor approval adds an extra
manual step to the process, which could
impede the timely dissemination of a
trading halt. Finally, given market
fragmentation and highly automated
equities trading environment, the
Exchange does not believe that Floor
Governors, who do not have contact
with the listed company, should be in
a position to override an Exchange
determination to halt trading in a
security. Consequently, the Exchange
proposes to delete Rule 123D(d) in its
entirety as unnecessary and duplicative
of existing Exchange obligations
specified in the Listed Company
Manual.
The Exchange also proposes to make
a related change to Section 202.06(B) of
the Listed Company Manual to delete
two references to Rule 123D that would
be rendered obsolete by the proposed
deletion of Rule 123D(d). In addition,
the Exchange proposes to re-letter the
remaining subsections of Rule 123D to
account for the deletion of Rule
123D(d).
The Exchange proposes to make a
related change to eliminate the
5 See Rules 46 and 46A (defining the terms Floor
Official, Senior Floor Official, Executive Floor
Official, Floor Governor, and Executive Floor
Governor).
6 See also Securities Exchange Act Release No.
67345 (July 3, 2012), 77 FR 40683 (July 10, 2012)
(SR–NYSE–2012–20) (notice of filing and
immediate effectiveness of proposed rule change
amending certain Exchange rules related to floor
official duties and responsibilities).
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
requirement in Rule 123D(e) that an
‘‘Equipment Changeover’’ halt in trading
requires the approval of a Floor
Governor or two Floor Officials as such
approval is no longer necessary. An
Equipment Changeover halt is a nonregulatory halt condition that only halts
trading on the Exchange. The Exchange
believes that if circumstances arise
warranting an Equipment Changeover
halt, obtaining Floor Official approval
before halting trading adds an
unnecessary step that is no longer
needed in today’s automated markets.
Because of the procedural changes
associated with the proposed rule
changes, the Exchange proposes to
announce the eliminations via Trader
Update and anticipates implementing
the changes in the first quarter of 2017.
2. Statutory Basis
The proposed rule changes are
consistent with Section 6(b) 7 of the Act,
in general, and furthers the objectives of
Section 6(b)(5),8 in particular, in that
they are 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,
and to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system.
The Exchange believes that the
proposed rule changes support the
objectives of the Act by amending duties
and responsibilities once assigned to
Floor Officials to better comport with
the Exchange’s current regulatory
structure and to reflect the changing
technology and development of its
automated systems. Specifically,
eliminating the unnecessary step of
obtaining Floor Official approval in
connection with trading halts would
remove impediments to and perfect a
national market system by streamlining
and simplifying functionality and
complexity in connection with trading
halts. The Exchange believes that
streamlining the procedures and
eliminating unnecessary Floor Official
approval requirements would be
consistent with the public interest and
the protection of investors because
investors will not be harmed and in fact
would benefit from the removal of
unnecessary functionality. The
Exchange also believes that eliminating
Floor Official approval would benefit
investors by adding transparency and
clarity to the Exchange’s rules.
7 15
8 15
E:\FR\FM\28DEN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
28DEN1
Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
The Exchange believes that the
proposed deletion of two references to
Rule 123D in Section 202.06B of the
Listed Company Manual is reasonable,
equitable and not unfairly
discriminatory because the references
are obsolete. The proposed changes
would result in the removal of obsolete
text from the Listed Company Manual
and therefore add greater clarity to the
Listed Company Manual regarding halts
in trading.
The Exchange believes that the
proposed re-lettering of the remaining
subsections of Rule 123D is reasonable,
equitable and not unfairly
discriminatory because the proposed
change would add greater clarity to the
Exchange’s rule book.
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
would streamline functionality,
eliminate an unnecessary step, and
streamline forms, thereby reducing
confusion and making the Exchange’s
rules easier to understand and navigate.
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.
sradovich on DSK3GMQ082PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 9 and Rule
19b–4(f)(6) thereunder.10 Because the
proposed rule change does not: (i)
significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 11 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),12 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest.
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 13 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
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–
NYSE–2016–86 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–NYSE–2016–86. 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
9 15
CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
13 15 U.S.C. 78s(b)(2)(B).
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
10 17
VerDate Sep<11>2014
18:54 Dec 27, 2016
Jkt 241001
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–NYSE–
2016–86 and should be submitted on or
before January 18, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016–31299 Filed 12–27–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79645; File Nos. SR–
NYSEMKT–2016–52 and SR–NYSEArca
2016–103]
Self-Regulatory Organizations; NYSE
MKT LLC; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for
Commission Action on Proceedings To
Determine Whether To Approve or
Disapprove Proposed Rule Changes
To Extend the Time Within Which a
Member, Member Organization, an ATP
Holder, an OTP Holder, or an OTP Firm
Must File a Uniform Termination Notice
for Securities Industry Registration
(‘‘Form U5’’) and Any Amendments
Thereto
December 21, 2016.
On June 16, 2016, NYSE MKT LLC
(‘‘NYSE MKT’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) 1 of the Securities Exchange Act
of 1934 (‘‘Act’’) 2 and Rule 19b–4
thereunder,3 a proposed rule change to
extend the time within which a member
or member organization, or an Amex
Trading Permit Holder (‘‘ATP Holder’’)
must file a Form U5, or any
amendments thereto. The proposed rule
change was published for comment in
14 17
11 17
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
95679
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
E:\FR\FM\28DEN1.SGM
28DEN1
Agencies
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95677-95679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31299]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79637; File No. SR-NYSE-2016-86]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Rule 123D and the Listed Company Manual
December 21, 2016.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on December 13, 2016, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The
[[Page 95678]]
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 Rule 123D and the Listed Company
Manual to eliminate the requirement for Floor Official approval for
halts in trading. The proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Rule 123D and the Listed Company
Manual to eliminate the requirement for Floor Official \4\ approval
before halting trading in a security. The Exchange believes that in
today's trading environment, the requirement for Floor Official
approval before halting trading in a security is unnecessary and
duplicative of Exchange obligations to assess whether to halt trading
in a security under Section 202.06 of the Listed Company Manual.
---------------------------------------------------------------------------
\4\ ``Floor Official'' encompasses Floor Governor, Floor
Official, Executive Floor Governor and Senior Floor Governor, as
their responsibilities are currently assigned in connection with
trading halts. See also Rules 46 and 46A defining Floor Governor,
Floor Official, and Executive Floor Governor.
---------------------------------------------------------------------------
Current Rule 123D(d) provides that once trading has commenced,
trading may only be halted with the approval of a Floor Governor or two
Floor Officials and that an Executive Floor Governor, or in their
absence a Senior Floor Governor, should be consulted if it is felt that
trading should be halted in a bank or brokerage stock due to a
potential misperception regarding the company's financial viability.\5\
The rule further provides that if a listed company notifies the
Exchange in advance of publication concerning news which might have a
substantial market impact, the Exchange should advise an Executive
Floor Governor or Floor Governor, or in their absence, a Floor
Official, and specifies procedures for Floor Governors to overrule the
Exchange's determination that a security should be halted.
---------------------------------------------------------------------------
\5\ See Rules 46 and 46A (defining the terms Floor Official,
Senior Floor Official, Executive Floor Official, Floor Governor, and
Executive Floor Governor).
---------------------------------------------------------------------------
Commensurate with the evolution of the equities markets and trading
on the Exchange towards more automated processes, the procedures and
situations requiring approvals by Floor Officials have also evolved.
For example, the Exchange previously eliminated the ability of a Floor
broker to seek an exception to Rule 122 requirements if Floor Official
permission is obtained.\6\ In connection with trading halts, the
Exchange is responsible for determining whether to halt trading in a
security under Section 202.06(B) of the Listed Company Manual. Thus,
requiring Floor Official approval before a trading halt can be invoked
is an unnecessary pro forma step rather than a substantive requirement.
Moreover, obtaining Floor Governor approval adds an extra manual step
to the process, which could impede the timely dissemination of a
trading halt. Finally, given market fragmentation and highly automated
equities trading environment, the Exchange does not believe that Floor
Governors, who do not have contact with the listed company, should be
in a position to override an Exchange determination to halt trading in
a security. Consequently, the Exchange proposes to delete Rule 123D(d)
in its entirety as unnecessary and duplicative of existing Exchange
obligations specified in the Listed Company Manual.
---------------------------------------------------------------------------
\6\ See also Securities Exchange Act Release No. 67345 (July 3,
2012), 77 FR 40683 (July 10, 2012) (SR-NYSE-2012-20) (notice of
filing and immediate effectiveness of proposed rule change amending
certain Exchange rules related to floor official duties and
responsibilities).
---------------------------------------------------------------------------
The Exchange also proposes to make a related change to Section
202.06(B) of the Listed Company Manual to delete two references to Rule
123D that would be rendered obsolete by the proposed deletion of Rule
123D(d). In addition, the Exchange proposes to re-letter the remaining
subsections of Rule 123D to account for the deletion of Rule 123D(d).
The Exchange proposes to make a related change to eliminate the
requirement in Rule 123D(e) that an ``Equipment Changeover'' halt in
trading requires the approval of a Floor Governor or two Floor
Officials as such approval is no longer necessary. An Equipment
Changeover halt is a non-regulatory halt condition that only halts
trading on the Exchange. The Exchange believes that if circumstances
arise warranting an Equipment Changeover halt, obtaining Floor Official
approval before halting trading adds an unnecessary step that is no
longer needed in today's automated markets.
Because of the procedural changes associated with the proposed rule
changes, the Exchange proposes to announce the eliminations via Trader
Update and anticipates implementing the changes in the first quarter of
2017.
2. Statutory Basis
The proposed rule changes are consistent with Section 6(b) \7\ of
the Act, in general, and furthers the objectives of Section 6(b)(5),\8\
in particular, in that they are 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, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule changes support the
objectives of the Act by amending duties and responsibilities once
assigned to Floor Officials to better comport with the Exchange's
current regulatory structure and to reflect the changing technology and
development of its automated systems. Specifically, eliminating the
unnecessary step of obtaining Floor Official approval in connection
with trading halts would remove impediments to and perfect a national
market system by streamlining and simplifying functionality and
complexity in connection with trading halts. The Exchange believes that
streamlining the procedures and eliminating unnecessary Floor Official
approval requirements would be consistent with the public interest and
the protection of investors because investors will not be harmed and in
fact would benefit from the removal of unnecessary functionality. The
Exchange also believes that eliminating Floor Official approval would
benefit investors by adding transparency and clarity to the Exchange's
rules.
[[Page 95679]]
The Exchange believes that the proposed deletion of two references
to Rule 123D in Section 202.06B of the Listed Company Manual is
reasonable, equitable and not unfairly discriminatory because the
references are obsolete. The proposed changes would result in the
removal of obsolete text from the Listed Company Manual and therefore
add greater clarity to the Listed Company Manual regarding halts in
trading.
The Exchange believes that the proposed re-lettering of the
remaining subsections of Rule 123D is reasonable, equitable and not
unfairly discriminatory because the proposed change would add greater
clarity to the Exchange's rule book.
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 would streamline
functionality, eliminate an unnecessary step, and streamline forms,
thereby reducing confusion and making the Exchange's rules easier to
understand and navigate.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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\9\ 15 U.S.C. 78s(b)(3)(A)(iii).
\10\ 17 CFR 240.19b-4(f)(6).
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A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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\11\ 17 CFR 240.19b-4(f)(6).
\12\ 17 CFR 240.19b-4(f)(6)(iii).
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At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\13\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSE-2016-86 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-NYSE-2016-86. 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-NYSE-2016-86 and should be
submitted on or before January 18, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31299 Filed 12-27-16; 8:45 am]
BILLING CODE 8011-01-P