Federal Register - November 3, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Notices the most significant aspects of such statements.
A. Self-Regulatory Organizations Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend BOX Rule 7020e Days and Hours of Business to make Juneteenth National Independence Day a holiday of the Exchange. This is a filing that is based on a proposal recently submitted by the New York Stock Exchange LLC
NYSE.3
On June 17, 2021, Juneteenth National Independence Day was designated a legal public holiday.4 Consistent with broad industry sentiment 5 and the approach recommended by the Securities Industry and Financial Markets Association SIFMA,6 the Exchange proposes to add Juneteenth National Independence Day to the existing list of holidays in BOX Rule 7020e. As a result, the Exchange will not be open for business on Juneteenth National Independence Day, which falls on June 19 of each year. In accordance with BOX Rule 7020e, when the holiday falls on a Saturday, the Exchange will not be open for business on the preceding Friday, and when it falls on a Sunday, the Exchange will not be open for business on the succeeding Monday.7
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2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6b of the Securities Exchange Act of 1934 the Act,8 in general, and Section 6b5
of the Act,9 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and 3 See Securities Exchange Act Release No. 93183
September 30, 2021, 86 FR 55068 October 5, 2021 Notice of Filing and Immediate Effectiveness SRNYSE202156.
4 Public Law 11717.
5 See, e.g., https www.bloomberg.com/news/
articles/2021-06-18/bofa-makes-juneteenth-aholiday-joining-jpmorgan-wells-fargo?sref=
Hhue1scO.
6 SIFMA recommends a full market close in observance of Juneteenth National Independence Day. See https www.sifma.org/resources/general/
holidayschedule/. See also https www.sifma.org/
resources/news/sifma-revises-2022-fixed-incomemarket-close-recommendations-in-the-u-s-toinclude-full-close-forjuneteenth-nationalindependence-day/.
7 See BOX Rule 7020e. There is an exception to the practice if unusual business conditions exist at the time. Id.
8 15 U.S.C. 78fb.
9 15 U.S.C. 78fb5.
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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. In particular, the Exchange believes that the proposed change would remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, protect investors and the public interest because the proposed amended rule would clearly state that the Exchange will not be open for business on Juneteenth National Independence Day, which is a federal holiday, and would address what day would be taken off if June 19 fell on a Saturday or Sunday. The change would thereby promote clarity and transparency in the Exchange rules by updating the list of holidays of the Exchange.
B. Self-Regulatory Organizations Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. In this regard and as indicated above, the Exchange notes that the rule change is being proposed in response to a filing recently submitted by NYSE.10 The proposed change is not designed to address any competitive issue but rather to amend the Exchange rule regarding holidays.
C. Self-Regulatory Organizations Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received comments on the proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange filed the proposed rule change pursuant to Section 19b3A
of the Act 11 and Rule 19b4f6 12
thereunder. Because the foregoing 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 10 See
supra, note 3.
U.S.C. 78sb3A.
12 17 CFR 240.19b4f6.
11 15
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19b3A of the Act 13 and Rule 19b 4f6 14 thereunder.
A proposed rule changed filed under Rule 19b4f6 15 normally does not become operative prior to 30 days after the date of filing. However, pursuant to Rule 19b4f6,16 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 Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest. The proposal raises no new or novel issues. Accordingly, the Commission hereby waives the operative delay and designates the proposed rule change operative upon filing.17
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 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 Commissions internet comment form http www.sec.gov/
rules/sro.shtml; or Send an email to rule-comments@
sec.gov. Please include File Number SR
BOX202125 on the subject line.
13 15
U.S.C. 78sb3A.
CFR 240.19b4f6. In addition, Rule 19b 4f6 requires a self-regulatory organization to give the Commission written notice of its intent to file 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 requested the Commission waive the standard five-day pre-filing requirement. The Commission grants the waiver.
15 17 CFR 240.19b4f6.
16 17 CFR 240.19b4f6iii.
17 For purposes only of waiving the 30-day operative delay, the Commission also has considered the proposed rules impact on efficiency, competition, and capital formation. See 15 U.S.C. 78cf.
14 17
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