Self-Regulatory Organizations; NYSE MKT LLC; Notice of Withdrawal of a Proposed Rule Change, as Modified by Amendment No. 1, To Amend Rule 955NY(c) by Revising the Clearing Member Requirements for Entering an Order Into the Electronic Order Capture System

Federal Register, Volume 81 Issue 173 (Wednesday, September 7, 2016)

Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)

Notices

Page 61730

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2016-21381

Page 61730

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SECURITIES AND EXCHANGE COMMISSION

Release No. 34-78742; File No. SR-NYSEMKT-2016-13

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Withdrawal of a Proposed Rule Change, as Modified by Amendment No. 1, To Amend Rule 955NY(c) by Revising the Clearing Member Requirements for Entering an Order Into the Electronic Order Capture System

August 31, 2016.

On March 22, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'') filed with the Securities and Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to amend Rule 955NY(c) to change the timing for recording the name of the Clearing Member \3\ in the Electronic Order Capture system (``EOC''). On March 29, 2016,\4\ the Exchange filed Amendment No. 1 to the proposed rule change. The Commission published the proposed rule change, as modified by Amendment No. 1, for comment in the Federal Register on April 11, 2016.\5\ The Commission received no comments on the proposed rule change. On May 25, 2016 the Commission extended the time period within which to approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to approve or disapprove the proposed rule change to July 10, 2016.\6\ On July 7, 2016, the Commission instituted proceedings under Section 19(b)(2)(B) of the Act \7\ to determine whether to approve or disapprove the proposed rule change, as modified by Amendment No. 1.\8\ The Commission received no comments on the proposed rule change.

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\1\ 15 U.S.C. 78s(b)(1).

\2\ 17 CFR 240.19b-4.

\3\ Rule 900.2NY defines ``Clearing Member'' as an Exchange ATP Holder which has been admitted to membership in the Options Clearing Corporation pursuant to the provisions of the Rules of the Options Clearing Corporation.

\4\ The Commission notes that the amendment date of March 30, 2016 in the SR-NYSEMKT-2016-13 Notice is incorrect and the proper date is March 29, 2016.

\5\ See Securities Exchange Act Release No. 34-77518 (April 5, 2016), 81 FR 21415 (``Notice''). Amendment No.1 was included in the Notice and provided the clarification that the CMTA Information and the name of the clearing ATP Holder would be entered into the EOC ``as the events occur and/or during trade reporting procedures which may occur after the representation and execution of the order.''

\6\ See Securities Exchange Act Release No. 34-77910, 81 FR 35098 (June 1, 2016).

\7\ 15 U.S.C. 78s(b)(2)(B).

\8\ See Securities Exchange Act Release No. 34-78238, 81 FR 45323 (July 13, 2016).

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On August 29, 2016, the Exchange withdrew the proposed rule change (SR-NYSEMKT-2016-13).

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\9\ 17 CFR 200.30-3(a)(57).

For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\9\

Robert W. Errett,

Deputy Secretary.

FR Doc. 2016-21381 Filed 9-6-16; 8:45 am

BILLING CODE 8011-01-P

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