Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend NYSE Rule 7.37 To Specify the Exchange's Use of Data Feeds from NYSE Chicago, Inc., 61958-61960 [2019-24692]
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61958
Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
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–
BX–2019–040 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.
khammond on DSKJM1Z7X2PROD with NOTICES
All submissions should refer to File
Number SR–BX–2019–040. 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 (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 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–BX–2019–040 and should
be submitted on or before December 5,
2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–24695 Filed 11–13–19; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–87481; File No. SR–NYSE–
2019–57]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
NYSE Rule 7.37 To Specify the
Exchange’s Use of Data Feeds from
NYSE Chicago, Inc.
November 6, 2019.
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 October
31, 2019, New York Stock Exchange
LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘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: (1) Amend
Rule 7.37 to specify in Exchange rules
the Exchange’s use of data feeds from
NYSE Chicago, Inc. (‘‘NYSE Chicago’’)
for order handling and execution, order
routing, and regulatory compliance; and
(2) amend Rule 17 to reflect that
Archipelago Securities LLC (‘‘Arca
Securities’’) would function as a routing
broker for the Exchange’s affiliate, NYSE
Chicago. 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.
BILLING CODE 8011–01–P
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
14 17
CFR 200.30–3(a)(12).
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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 update and
amend the table in Rule 7.37 that sets
forth on a market-by-market basis the
specific network processor and
proprietary data feeds that the Exchange
utilizes for the handling, execution and
routing of orders, and for performing the
regulatory compliance checks related to
each of those functions. Specifically, the
table would be amended to include
NYSE Chicago, which intends to
migrate to the Pillar trading platform.4
Rule 7.37 currenlty [sic] provides that
the Chicago Stock Exchange, Inc., the
predecessor name of NYSE Chicago,
utilizes the securities information
processor (‘‘SIP’’) data feed as its
primary source for the handling,
execution and routing of orders, as well
as for regulatory compliance, and does
not use a secondary source. Once NYSE
Chicago transitions trading to Pillar, it
would use a direct data feed as its
primary source and the SIP data feed as
a secondary source. To reflect these
changes, the Exchange proposes to
amend Rule 7.37 to specify which data
feeds the Exchange would use for NYSE
Chicago. Specifically, the Exchange
proposes to amend the rule to provide
that NYSE Chicago would use the direct
data feed as the primary source and
would use the SIP data feed as a
secondary source.
Additionally, the Exchange proposes
to amend Rule 17 to reflect that Arca
Securities would function as a routing
broker for the Exchange’s affiliate, NYSE
Chicago. Specifically, the Exchange
proposes to amend Rule 17(c)(2)(A) and
(B) to reference NYSE Chicago as an
affiliate of the Exchange for the
purposes of the inbound routing
function performed by Arca Securities.
The proposed rule change would
provide more clarity and transparency
to all the functions that Arca Securities
performs on behalf of the Exchange and
its affiliates, which now includes NYSE
Chicago. The Exchange is not proposing
any substantive change to the rule.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the
4 NYSE Chicago has announced that, subject to
rule approvals, it will transition to trading on Pillar
on November 4, 2019. See Trader Update, available
here: https://www.nyse.com/publicdocs/nyse/
notifications/trader-update/NYSEChicago_
Migration_update_9.4.pdf.
E:\FR\FM\14NON1.SGM
14NON1
Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
‘‘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. The Exchange believes
its proposal to update the table in Rule
7.37 to include NYSE Chicago will
ensure that Rule 7.37 correctly identifies
and publicly states on a market-bymarket basis all of the specific network
processor and proprietary data feeds
that the Exchange utilizes for the
handling, execution and routing of
orders, and for performing the
regulatory compliance checks to each of
those functions. The proposed rule
change also removes impediments to
and perfects the mechanism of a free
and open market and protects investors
and the public interest because it
provides additional specificity, clarity
and transparency. The Exchange
believes the proposed rule change to
amend Rule 17 also removes
impediments to and perfects the
mechanism of a free and open market
and protects investors and the public
interest because the proposed rule
change would enhance the clarity and
transparency in Exchange Rules
surrounding the inbound routing
function performed by Arca Securities
for the Exchange’s affiliate, NYSE
Chicago.
khammond on DSKJM1Z7X2PROD with NOTICES
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 provide the public and investors
with information about which data
feeds the Exchange uses for execution
and routing decisions, and provide
clarity in Exchange rules that Arca
Securities would perform the inbound
routing function on behalf on the
Exchange’s affiliate, NYSE Chicago.
5 15
6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
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17:47 Nov 13, 2019
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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 7 and Rule
19b–4(f)(6) thereunder.8 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.9
A proposed rule change filed under
Rule 19b–4(f)(6) 10 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),11 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing. The Exchange
represents that the proposal would
correctly identify and publicly state on
a market-by-market basis all of the
specific network processor and
proprietary data feeds that the Exchange
utilizes for the handling, execution and
routing of orders, and for performing the
regulatory compliance checks to each of
those functions. Further, the Exchange
represents that the proposal would
enhance the clarity and transparency in
Exchange Rules surrounding the
inbound routing function performed by
Arca Securities for the Exchange’s
affiliate, NYSE Chicago. The
7 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
9 In addition, Rule 19b–4(f)(6)(iii) requires the
Exchange to give the Commission written notice of
the Exchange’s intent to file the proposed rule
change, along with a brief description and text of
the proposed rule change, at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
10 17 CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii).
8 17
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61959
Commission believes that waiver of the
30-day operative delay is consistent
with the protection of investors and the
public interest, and hereby waives the
operative delay and designates the
proposed rule change as operative upon
filing.12
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–2019–57 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–2019–57. 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 (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
12 For purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
13 15 U.S.C. 78s(b)(2)(B).
E:\FR\FM\14NON1.SGM
14NON1
61960
Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
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–2019–57 and should
be submitted on or before December 5,
2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–24692 Filed 11–13–19; 8:45 am]
BILLING CODE 8011–01–P
Boulevard, Arlington, Virginia 22209–
2425.
Written comments and
recommendations for the proposed
extension of clearance of the form
should be sent within 60 days of the
publication of this notice to the
Selective Service System, Reports
Clearance Officer, 1515 Wilson
Boulevard, Arlington, Virginia 22209–
2425.
A copy of the comments should be
sent to the Office of Information and
Regulatory Affairs, Attention: Desk
Officer, Selective Service System, Office
of Management and Budget, New
Executive Office Building, Room 3235,
Washington, DC 20503.
Dated: November 7, 2019.
Donald M. Benton,
Director.
Forms Submitted to the Office of
Management and Budget for Extension
of Clearance
Selective Service System.
Notice.
AGENCY:
ACTION:
The following forms have been
submitted to the Office of Management
and Budget (OMB) for extension of
clearance in compliance with the
Paperwork Reduction Act (44 U.S.C.
Chapter 35):
khammond on DSKJM1Z7X2PROD with NOTICES
SSS FORM—402
Title: Uncompensated Registrar
Appointment Form.
Purpose: Is used to verify the official
status of applicants for the position of
Uncompensated Registrars and to
establish authority for those appointed
to perform as Selective Service System
Registrars.
Respondents: United States citizens
over the age of 18.
Frequency: One time.
Burden: The reporting burden is three
minutes or less per respondent.
Copies of the above identified form
can be obtained upon written request to
the Selective Service System, Reports
Clearance Officer, 1515 Wilson
14 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
17:47 Nov 13, 2019
Jkt 250001
BILLING CODE 8015–01–P
SELECTIVE SERVICE SYSTEM
Forms Submitted to the Office of
Management and Budget for Extension
of Clearance
Selective Service System.
Notice.
The following forms have been
submitted to the Office of Management
and Budget (OMB) for extension of
clearance in compliance with the
Paperwork Reduction Act (44 U.S.C.
Chapter 35):
SSS FORM—404
Title: Potential Board Member
Information
Purpose: Is used to identify
individuals willing to serve as members
of local, appeal or review boards in the
Selective Service System.
Respondents: Potential Board
Members.
Burden: A burden of 15 minutes or
less on the individual respondent.
Copies of the above identified form
can be obtained upon written request to
the Selective Service System, Reports
Clearance Officer, 1515 Wilson
Boulevard, Arlington, Virginia 22209–
2425.
Written comments and
recommendations for the proposed
extension of clearance of the form
should be sent within 60 days of the
publication of this notice to the
Selective Service System, Reports
Clearance Officer, 1515 Wilson
Boulevard, Arlington, Virginia 22209–
2425.
A copy of the comments should be
sent to the Office of Information and
PO 00000
Frm 00093
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[FR Doc. 2019–24758 Filed 11–13–19; 8:45 am]
BILLING CODE 8015–01–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2019–0016]
Privacy Act of 1974; Matching Program
AGENCY:
Social Security Administration
(SSA).
Notice of a New Matching
Program.
AGENCY:
SELECTIVE SERVICE SYSTEM
Donald M. Benton,
Director.
ACTION:
[FR Doc. 2019–24759 Filed 11–13–19; 8:45 am]
ACTION:
Regulatory Affairs, Attention: Desk
Officer, Selective Service System, Office
of Management and Budget, New
Executive Office Building, Room 3235,
Washington, DC 20503.
In accordance with the
provisions of the Privacy Act, as
amended, this notice announces a new
matching program with the Center for
Medicare & Medicaid Services (CMS).
This matching agreement establishes the
terms, conditions, and safeguards under
which CMS will disclose to SSA
Medicare non-utilization information
for Social Security Title II beneficiaries
aged 90 and above. CMS will identify
Medicare enrollees whose records have
been inactive for three or more years.
SSA will use this data as an indicator
to select and prioritize cases for review
to determine continued eligibility for
benefits under Title II of the Social
Security Act (Act). SSA will contact
these individuals to verify ongoing
eligibility. SSA will use this data for the
purposes of fraud discovery and the
analysis of fraud program operations;
this agreement allows for SSA’s Office
of Anti-Fraud Programs (OAFP) to
evaluate the data for the purposes of
fraud detection. SSA will refer
individual cases of suspected fraud,
waste, or abuse to the Office of the
Inspector General (OIG) for
investigation.
SUMMARY:
The deadline to submit
comments on the proposed matching
program is 30 days from the date of
publication of this notice in the Federal
Register. The matching program will be
applicable on January 1, 2020, or once
a minimum of 30 days after publication
of this notice has elapsed, whichever is
later. The matching program will be in
effect for a period of 18 months.
ADDRESSES: Interested parties may
comment on this notice by either
telefaxing to (410) 966–0869, writing to
Matthew Ramsey, Executive Director,
Office of Privacy and Disclosure, Office
of the General Counsel, Social Security
DATES:
E:\FR\FM\14NON1.SGM
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Agencies
[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61958-61960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24692]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-87481; File No. SR-NYSE-2019-57]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend NYSE Rule 7.37 To Specify the Exchange's Use of Data Feeds from
NYSE Chicago, Inc.
November 6, 2019.
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 October 31, 2019, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``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: (1) Amend Rule 7.37 to specify in
Exchange rules the Exchange's use of data feeds from NYSE Chicago, Inc.
(``NYSE Chicago'') for order handling and execution, order routing, and
regulatory compliance; and (2) amend Rule 17 to reflect that
Archipelago Securities LLC (``Arca Securities'') would function as a
routing broker for the Exchange's affiliate, NYSE Chicago. 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 update and amend the table in Rule 7.37
that sets forth on a market-by-market basis the specific network
processor and proprietary data feeds that the Exchange utilizes for the
handling, execution and routing of orders, and for performing the
regulatory compliance checks related to each of those functions.
Specifically, the table would be amended to include NYSE Chicago, which
intends to migrate to the Pillar trading platform.\4\ Rule 7.37
currenlty [sic] provides that the Chicago Stock Exchange, Inc., the
predecessor name of NYSE Chicago, utilizes the securities information
processor (``SIP'') data feed as its primary source for the handling,
execution and routing of orders, as well as for regulatory compliance,
and does not use a secondary source. Once NYSE Chicago transitions
trading to Pillar, it would use a direct data feed as its primary
source and the SIP data feed as a secondary source. To reflect these
changes, the Exchange proposes to amend Rule 7.37 to specify which data
feeds the Exchange would use for NYSE Chicago. Specifically, the
Exchange proposes to amend the rule to provide that NYSE Chicago would
use the direct data feed as the primary source and would use the SIP
data feed as a secondary source.
---------------------------------------------------------------------------
\4\ NYSE Chicago has announced that, subject to rule approvals,
it will transition to trading on Pillar on November 4, 2019. See
Trader Update, available here: https://www.nyse.com/publicdocs/nyse/notifications/trader-update/NYSEChicago_Migration_update_9.4.pdf.
---------------------------------------------------------------------------
Additionally, the Exchange proposes to amend Rule 17 to reflect
that Arca Securities would function as a routing broker for the
Exchange's affiliate, NYSE Chicago. Specifically, the Exchange proposes
to amend Rule 17(c)(2)(A) and (B) to reference NYSE Chicago as an
affiliate of the Exchange for the purposes of the inbound routing
function performed by Arca Securities. The proposed rule change would
provide more clarity and transparency to all the functions that Arca
Securities performs on behalf of the Exchange and its affiliates, which
now includes NYSE Chicago. The Exchange is not proposing any
substantive change to the rule.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the
[[Page 61959]]
``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. The Exchange believes its proposal to update the
table in Rule 7.37 to include NYSE Chicago will ensure that Rule 7.37
correctly identifies and publicly states on a market-by-market basis
all of the specific network processor and proprietary data feeds that
the Exchange utilizes for the handling, execution and routing of
orders, and for performing the regulatory compliance checks to each of
those functions. The proposed rule change also removes impediments to
and perfects the mechanism of a free and open market and protects
investors and the public interest because it provides additional
specificity, clarity and transparency. The Exchange believes the
proposed rule change to amend Rule 17 also removes impediments to and
perfects the mechanism of a free and open market and protects investors
and the public interest because the proposed rule change would enhance
the clarity and transparency in Exchange Rules surrounding the inbound
routing function performed by Arca Securities for the Exchange's
affiliate, NYSE Chicago.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(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 proposed change is not
designed to address any competitive issue but rather would provide the
public and investors with information about which data feeds the
Exchange uses for execution and routing decisions, and provide clarity
in Exchange rules that Arca Securities would perform the inbound
routing function on behalf on the Exchange's affiliate, NYSE Chicago.
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 \7\ and Rule 19b-4(f)(6) thereunder.\8\
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.\9\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A)(iii).
\8\ 17 CFR 240.19b-4(f)(6).
\9\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
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A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\11\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange represents
that the proposal would correctly identify and publicly state on a
market-by-market basis all of the specific network processor and
proprietary data feeds that the Exchange utilizes for the handling,
execution and routing of orders, and for performing the regulatory
compliance checks to each of those functions. Further, the Exchange
represents that the proposal would enhance the clarity and transparency
in Exchange Rules surrounding the inbound routing function performed by
Arca Securities for the Exchange's affiliate, NYSE Chicago. The
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest,
and hereby waives the operative delay and designates the proposed rule
change as operative upon filing.\12\
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\10\ 17 CFR 240.19b-4(f)(6).
\11\ 17 CFR 240.19b-4(f)(6)(iii).
\12\ For purposes only of waiving the operative delay for this
proposal, the Commission has 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 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 [email protected]. Please include
File Number SR-NYSE-2019-57 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-2019-57. 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 (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
[[Page 61960]]
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-2019-57 and should be
submitted on or before December 5, 2019.
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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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-24692 Filed 11-13-19; 8:45 am]
BILLING CODE 8011-01-P