80_FR_27308 80 FR 27217 - Self-Regulatory Organizations; New York Stock Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Deleting Rules 16 and 17T Related to the Terminated Intermarket Trading System, NMS Linkage Plans, and Amending Rules 45, 47, 52, 54, 93, 94, 95, 104A.50 and 123 To Remove Outdated References to the ITS Plan

80 FR 27217 - Self-Regulatory Organizations; New York Stock Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Deleting Rules 16 and 17T Related to the Terminated Intermarket Trading System, NMS Linkage Plans, and Amending Rules 45, 47, 52, 54, 93, 94, 95, 104A.50 and 123 To Remove Outdated References to the ITS Plan

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 91 (May 12, 2015)

Page Range27217-27219
FR Document2015-11380

Federal Register, Volume 80 Issue 91 (Tuesday, May 12, 2015)
[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27217-27219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11380]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74889; File No. SR-NYSE-2015-23]


Self-Regulatory Organizations; New York Stock Exchange, LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Deleting Rules 16 and 17T Related to the Terminated Intermarket Trading 
System, NMS Linkage Plans, and Amending Rules 45, 47, 52, 54, 93, 94, 
95, 104A.50 and 123 To Remove Outdated References to the ITS Plan

May 6, 2015.
    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 May 4, 2015, New York Stock Exchange LLC (``NYSE'' or the 
``Exchange'') filed with the Securities and Exchange Commission (the 
``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 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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to (1) delete Rules 16 and 17T related to the 
terminated Intermarket Trading System (``ITS'') and NMS Linkage Plans, 
respectively, and (2) amend Rules 45, 47, 52, 54, 93, 94, 95, 104A.50 
and 123 to remove outdated references to the ITS Plan. The text of 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to (1) delete Rules 16 and 17T related to the 
terminated ITS and NMS Linkage Plans, respectively, and (2) amend Rules 
45, 47, 52, 54, 93, 94, 95, 104A.50 and 123 to remove outdated 
references to the ITS Plan.
    First, the Exchange proposes to delete Rules 16 and 17T in their 
entirety. Rule 16 governs Exchange liability for use of ITS \4\ and the 
ITS Pre-Opening Application.\5\ ITS was eliminated on June 30, 2007. 
Similarly, Rule 17T was adopted in October 2006 as an interim measure 
in order to provide member access to other market center participants 
in the NMS Linkage Plan. The NMS Linkage Plan became effective on 
October 1, 2006 and ran concurrently with the ITS Plan until March 5, 
2007, at which time the Order Protection Rule of Reg. NMS became 
operative. The NMS Linkage Plan terminated on June 30, 2007.\6\ Rules 
16 and 17T are accordingly obsolete.
---------------------------------------------------------------------------

    \4\ Between 1978 and 1997, ITS was the principal means of 
electronically transmitting orders between market centers to avoid 
trading through superior quotes in those markets. When the 
Commission adopted Regulation National Market System (``Reg. NMS''), 
the ITS Plan participants terminated the governing agreement, the 
ITS Plan, and replaced it with the NMS Linkage Plan. See Securities 
Exchange Act Release No. 54551 (September 29, 2006), 71 FR 194 
(October 6, 2006). The purpose of the NMS Linkage Plan was to enable 
the plan participants to act jointly in planning, developing, 
operating and regulating the NMS Linkage System that would 
electronically link the participant markets to one another.
    \5\ Prior to its amendment in 2007, Rule 15 defined an ``Pre-
Opening Application'' as ``the application of the System that 
permits a market-maker in one Participant market who wishes to open 
his market in an Eligible Listed Security to obtain from other 
market-makers registered in that security in other Participant 
markets any pre-opening interests such other market-makers might 
decide to disclose as set forth in the ITS Plan.''
    \6\ See Securities Exchange Act Release No. 57003 (December 20, 
2007), 72 FR 73949, 73950 (December 28, 2007) (SR-NYSE-2007-112) 
(``Rule 15 Amendment'').
---------------------------------------------------------------------------

    Second, the Exchange proposes to remove the following outdated 
references to the ITS Plan in Rules 45, 47, 52, 54, 93, 94, 95, 104A.50 
and 123: \7\
---------------------------------------------------------------------------

    \7\ In 2014, the Exchange amended Rules 15A and 123D to remove 
outdated references to the ITS Plan. See Securities Exchange Act 
Release No. 72916 (August 26, 2014), 79 FR 52094 (September 2, 2014) 
(SR-NYSE-2014-44).
---------------------------------------------------------------------------

     Rule 45 governs the application of Exchange Rules 46 to 
294 to contracts made on the Exchange. Rule 45 would be amended to 
remove the second paragraph carving out transactions effected pursuant 
to ITS, which are subject to the Rules specified in Rule 15. Rule 15 
was amended in 2007, which had been rendered obsolete following 
adoption of the NMS Linkage Plan.\8\
---------------------------------------------------------------------------

    \8\ See Rule 15 Amendment, 72 FR at 73950.
---------------------------------------------------------------------------

     Rule 47, which provides that Floor Officials have the 
power to supervise and regulate active openings and unusual situations, 
would be amended to delete the second sentence of the Rule providing 
that Floor Officials can also supervise and regulate the operation of 
ITS during active openings and unusual situations.
     Rule 52, which provides that dealings on the Exchange are 
limited to business hours, would be amended to remove the clause 
prohibiting members from issuing a commitment to trade through ITS 
outside of business hours and the clause relating to DMM pre-opening 
notifications and pre-opening responses sent pursuant to ITS.
     Rule 54 provides that only members can make or accept bids 
and offers, consummate transactions or otherwise transact business on 
the Exchange trading Floor. Rule 54 would be amended to delete the 
second sentence of subpart (a) to remove the exception for commitments 
or obligations to trade through ITS.
     Rule 93 prohibits members from directly or indirectly 
holding any interest or participation in an unreported joint account. 
Rule 93 would be amended to remove Supplementary Material .10, which 
provides that members issuing ITS commitments or obligations to trade 
are deemed to be initiating a purchase or a sale of a security on the 
Exchange for purposes of Rule 93. Rule 93 would also be amended to 
remove the explanatory note that certain portions of the Rule were 
repositioned from Rule 423 effective April 27, 1983.
     Rule 94 prohibits DMMs from directly or indirectly 
acquiring or

[[Page 27218]]

holding any interest or participation in an joint account for buying or 
selling on the Exchange ``or any other Application of the System''. 
Rule 94 would be amended to delete the clause ``or any other 
Application of the System'', which is a reference to ITS.
     Rule 95 prohibits members on the Floor from executing or 
causing to be executed discretionary transaction on the Exchange and 
through ITS ``or any application of the System''. Rule 95 would be 
amended to remove the references to ITS.
     Rule 104A.50 requires DMMs to maintain record of purchases 
and sales initiated on the Floor, including purchases and sales 
resulting from commitments or obligations to trade issued through ITS. 
Rule 104A.50 would be amended to remove the references to ITS. The Rule 
also provides that price designations for transactions made in another 
market center through ITS are to be determined from the immediately 
preceding transaction price on the Exchange ``at the time the 
commitment or obligation to trade is issued.'' Rule 104A.50 would also 
be amended to remove these additional references to commitments or 
obligations to trade through ITS.
     Rule 123(a) provides that every member must maintain for 
at least three years a record of every order originated by the member 
on the Floor and given to another member for execution. The record 
keeping requirement includes ``every commitment or obligation to trade 
issued from the Floor through ITS or any other Application of the 
System''. Rule 123(d) requires that before any order is executed, 
including where an order is to be executed by issuance from the Floor 
of a commitment or obligation to trade through ITS, the account name or 
designation for the order must be recorded. Rule 123(a) and (d) would 
be amended to delete these references to commitments or obligations to 
trade through ITS.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\9\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\10\ in particular, in that it 
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 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 
and, in general, help to protect investors and the public interest. 
Specifically, the Exchange believes that deleting rule text relating to 
routing arrangements that have been superseded by Reg. NMS removes 
impediments to and perfects the mechanism of a free and open market by 
simplifying its rulebook and removing confusion that may result from 
having obsolete rules in the Exchange's rulebook. The Exchange further 
believes that the proposal removes impediments to and perfects the 
mechanism of a free and open market by ensuring that persons subject to 
the Exchange's jurisdiction, regulators, and the investing public can 
more easily navigate and understand the Exchange's rulebook. The 
Exchange also believes that eliminating obsolete rules would not be 
inconsistent with the public interest and the protection of investors 
because investors will not be harmed and in fact would benefit from 
increased transparency as to which rules are operable, thereby reducing 
potential confusion. Similarly, the Exchange believes that removing 
cross-references to obsolete rules would remove impediments to and 
perfect the mechanism of a free and open market because it would reduce 
potential confusion that may result from having such cross references 
in the Exchange's rulebook. Removing such obsolete cross references 
will also further the goal of transparency and add clarity to the 
Exchange's rules.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 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 to delete obsolete 
rules and references to obsolete rules, thereby increasing 
transparency, 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

    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 19(b)(3)(A)(iii) of the Act \11\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
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 satisfied this requirement.
---------------------------------------------------------------------------

    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

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-NYSE-2015-23 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-2015-23. 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 (http://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

[[Page 27219]]

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 
such filing also will be available for inspection and copying at the 
principal offices 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-2015-23, and should be submitted on or before June 
2, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-11380 Filed 5-11-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices                                                     27217

                                                  proceedings to determine whether to                     II. Self-Regulatory Organization’s                     30, 2007.6 Rules 16 and 17T are
                                                  disapprove, the proposed rule change.                   Statement of the Purpose of, and                       accordingly obsolete.
                                                                                                          Statutory Basis for, the Proposed Rule                    Second, the Exchange proposes to
                                                    For the Commission, by the Division of
                                                                                                          Change                                                 remove the following outdated
                                                  Trading and Markets, pursuant to delegated
                                                                                                                                                                 references to the ITS Plan in Rules 45,
                                                  authority.6
                                                                                                            In its filing with the Commission, the               47, 52, 54, 93, 94, 95, 104A.50 and 123: 7
                                                  Robert W. Errett,                                       self-regulatory organization included                     • Rule 45 governs the application of
                                                  Deputy Secretary.                                       statements concerning the purpose of,                  Exchange Rules 46 to 294 to contracts
                                                  [FR Doc. 2015–11372 Filed 5–11–15; 8:45 am]             and basis for, the proposed rule change                made on the Exchange. Rule 45 would
                                                  BILLING CODE 8011–01–P                                  and discussed any comments it received                 be amended to remove the second
                                                                                                          on the proposed rule change. The text                  paragraph carving out transactions
                                                                                                          of those statements may be examined at                 effected pursuant to ITS, which are
                                                  SECURITIES AND EXCHANGE                                 the places specified in Item IV below.                 subject to the Rules specified in Rule 15.
                                                  COMMISSION                                              The Exchange has prepared summaries,                   Rule 15 was amended in 2007, which
                                                                                                          set forth in sections A, B, and C below,               had been rendered obsolete following
                                                                                                          of the most significant parts of such                  adoption of the NMS Linkage Plan.8
                                                  [Release No. 34–74889; File No. SR–NYSE–
                                                                                                          statements.                                               • Rule 47, which provides that Floor
                                                  2015–23]
                                                                                                                                                                 Officials have the power to supervise
                                                                                                          A. Self-Regulatory Organization’s                      and regulate active openings and
                                                  Self-Regulatory Organizations; New
                                                                                                          Statement of the Purpose of, and                       unusual situations, would be amended
                                                  York Stock Exchange, LLC; Notice of
                                                                                                          Statutory Basis for, the Proposed Rule                 to delete the second sentence of the
                                                  Filing and Immediate Effectiveness of
                                                                                                          Change                                                 Rule providing that Floor Officials can
                                                  Proposed Rule Change Deleting Rules                                                                            also supervise and regulate the
                                                  16 and 17T Related to the Terminated                    1. Purpose                                             operation of ITS during active openings
                                                  Intermarket Trading System, NMS                                                                                and unusual situations.
                                                                                                             The Exchange proposes to (1) delete
                                                  Linkage Plans, and Amending Rules                                                                                 • Rule 52, which provides that
                                                  45, 47, 52, 54, 93, 94, 95, 104A.50 and                 Rules 16 and 17T related to the
                                                                                                                                                                 dealings on the Exchange are limited to
                                                  123 To Remove Outdated References                       terminated ITS and NMS Linkage Plans,
                                                                                                                                                                 business hours, would be amended to
                                                  to the ITS Plan                                         respectively, and (2) amend Rules 45,
                                                                                                                                                                 remove the clause prohibiting members
                                                                                                          47, 52, 54, 93, 94, 95, 104A.50 and 123                from issuing a commitment to trade
                                                  May 6, 2015.                                            to remove outdated references to the ITS               through ITS outside of business hours
                                                     Pursuant to Section 19(b)(1) 1 of the                Plan.                                                  and the clause relating to DMM pre-
                                                  Securities Exchange Act of 1934 (the                       First, the Exchange proposes to delete              opening notifications and pre-opening
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  Rules 16 and 17T in their entirety. Rule               responses sent pursuant to ITS.
                                                  notice is hereby given that on May 4,                   16 governs Exchange liability for use of                  • Rule 54 provides that only members
                                                  2015, New York Stock Exchange LLC                       ITS 4 and the ITS Pre-Opening                          can make or accept bids and offers,
                                                  (‘‘NYSE’’ or the ‘‘Exchange’’) filed with               Application.5 ITS was eliminated on                    consummate transactions or otherwise
                                                  the Securities and Exchange                             June 30, 2007. Similarly, Rule 17T was                 transact business on the Exchange
                                                  Commission (the ‘‘Commission’’) the                     adopted in October 2006 as an interim                  trading Floor. Rule 54 would be
                                                  proposed rule change as described in                    measure in order to provide member                     amended to delete the second sentence
                                                  Items I, II, and III below, which Items                 access to other market center                          of subpart (a) to remove the exception
                                                                                                          participants in the NMS Linkage Plan.                  for commitments or obligations to trade
                                                  have been prepared by the self-
                                                                                                          The NMS Linkage Plan became effective                  through ITS.
                                                  regulatory organization. The                                                                                      • Rule 93 prohibits members from
                                                  Commission is publishing this notice to                 on October 1, 2006 and ran concurrently
                                                                                                          with the ITS Plan until March 5, 2007,                 directly or indirectly holding any
                                                  solicit comments on the proposed rule                                                                          interest or participation in an
                                                  change from interested persons.                         at which time the Order Protection Rule
                                                                                                                                                                 unreported joint account. Rule 93 would
                                                                                                          of Reg. NMS became operative. The
                                                  I. Self-Regulatory Organization’s                                                                              be amended to remove Supplementary
                                                                                                          NMS Linkage Plan terminated on June
                                                  Statement of the Terms of the Substance                                                                        Material .10, which provides that
                                                  of the Proposed Rule Change                               4 Between 1978 and 1997, ITS was the principal
                                                                                                                                                                 members issuing ITS commitments or
                                                                                                          means of electronically transmitting orders between
                                                                                                                                                                 obligations to trade are deemed to be
                                                     The Exchange proposes to (1) delete                  market centers to avoid trading through superior       initiating a purchase or a sale of a
                                                  Rules 16 and 17T related to the                         quotes in those markets. When the Commission           security on the Exchange for purposes of
                                                  terminated Intermarket Trading System                   adopted Regulation National Market System (‘‘Reg.      Rule 93. Rule 93 would also be
                                                                                                          NMS’’), the ITS Plan participants terminated the       amended to remove the explanatory
                                                  (‘‘ITS’’) and NMS Linkage Plans,                        governing agreement, the ITS Plan, and replaced it
                                                  respectively, and (2) amend Rules 45,                   with the NMS Linkage Plan. See Securities              note that certain portions of the Rule
                                                  47, 52, 54, 93, 94, 95, 104A.50 and 123                 Exchange Act Release No. 54551 (September 29,          were repositioned from Rule 423
                                                  to remove outdated references to the ITS                2006), 71 FR 194 (October 6, 2006). The purpose of     effective April 27, 1983.
                                                  Plan. The text of the proposed rule
                                                                                                          the NMS Linkage Plan was to enable the plan               • Rule 94 prohibits DMMs from
                                                                                                          participants to act jointly in planning, developing,
                                                  change is available on the Exchange’s                   operating and regulating the NMS Linkage System
                                                                                                                                                                 directly or indirectly acquiring or
                                                  Web site at www.nyse.com, at the                        that would electronically link the participant
                                                                                                          markets to one another.                                  6 See Securities Exchange Act Release No. 57003
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  principal office of the Exchange, and at                  5 Prior to its amendment in 2007, Rule 15 defined    (December 20, 2007), 72 FR 73949, 73950
                                                  the Commission’s Public Reference                       an ‘‘Pre-Opening Application’’ as ‘‘the application    (December 28, 2007) (SR–NYSE–2007–112) (‘‘Rule
                                                  Room.                                                   of the System that permits a market-maker in one       15 Amendment’’).
                                                                                                                                                                   7 In 2014, the Exchange amended Rules 15A and
                                                                                                          Participant market who wishes to open his market
                                                                                                          in an Eligible Listed Security to obtain from other    123D to remove outdated references to the ITS Plan.
                                                    6 17 CFR 200.30–3(a)(31).                             market-makers registered in that security in other     See Securities Exchange Act Release No. 72916
                                                    1 15 U.S.C.78s(b)(1).                                 Participant markets any pre-opening interests such     (August 26, 2014), 79 FR 52094 (September 2, 2014)
                                                    2 15 U.S.C. 78a.                                                                                             (SR–NYSE–2014–44).
                                                                                                          other market-makers might decide to disclose as set
                                                    3 17 CFR 240.19b–4.                                   forth in the ITS Plan.’’                                 8 See Rule 15 Amendment, 72 FR at 73950.




                                             VerDate Sep<11>2014   17:31 May 11, 2015   Jkt 235001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\12MYN1.SGM   12MYN1


                                                  27218                             Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices

                                                  holding any interest or participation in                   open market and a national market                     interest; (ii) impose any significant
                                                  an joint account for buying or selling on                  system and, in general, help to protect               burden on competition; and (iii) become
                                                  the Exchange ‘‘or any other Application                    investors and the public interest.                    operative for 30 days from the date on
                                                  of the System’’. Rule 94 would be                          Specifically, the Exchange believes that              which it was filed, or such shorter time
                                                  amended to delete the clause ‘‘or any                      deleting rule text relating to routing                as the Commission may designate, it has
                                                  other Application of the System’’, which                   arrangements that have been superseded                become effective pursuant to Section
                                                  is a reference to ITS.                                     by Reg. NMS removes impediments to                    19(b)(3)(A)(iii) of the Act 11 and
                                                     • Rule 95 prohibits members on the                      and perfects the mechanism of a free                  subparagraph (f)(6) of Rule 19b–4
                                                  Floor from executing or causing to be                      and open market by simplifying its                    thereunder.12
                                                  executed discretionary transaction on                      rulebook and removing confusion that                     At any time within 60 days of the
                                                  the Exchange and through ITS ‘‘or any                      may result from having obsolete rules in              filing of the proposed rule change, the
                                                  application of the System’’. Rule 95                       the Exchange’s rulebook. The Exchange                 Commission summarily may
                                                  would be amended to remove the                             further believes that the proposal                    temporarily suspend such rule change if
                                                  references to ITS.                                         removes impediments to and perfects                   it appears to the Commission that such
                                                     • Rule 104A.50 requires DMMs to                         the mechanism of a free and open                      action is: (i) Necessary or appropriate in
                                                  maintain record of purchases and sales                     market by ensuring that persons subject               the public interest; (ii) for the protection
                                                  initiated on the Floor, including                          to the Exchange’s jurisdiction,                       of investors; or (iii) otherwise in
                                                  purchases and sales resulting from                         regulators, and the investing public can              furtherance of the purposes of the Act.
                                                  commitments or obligations to trade                        more easily navigate and understand the               If the Commission takes such action, the
                                                  issued through ITS. Rule 104A.50                           Exchange’s rulebook. The Exchange also                Commission shall institute proceedings
                                                  would be amended to remove the                             believes that eliminating obsolete rules              to determine whether the proposed rule
                                                  references to ITS. The Rule also                           would not be inconsistent with the                    should be approved or disapproved.
                                                  provides that price designations for                       public interest and the protection of
                                                  transactions made in another market                        investors because investors will not be               IV. Solicitation of Comments
                                                  center through ITS are to be determined                    harmed and in fact would benefit from                   Interested persons are invited to
                                                  from the immediately preceding                             increased transparency as to which                    submit written data, views, and
                                                  transaction price on the Exchange ‘‘at                     rules are operable, thereby reducing                  arguments concerning the foregoing,
                                                  the time the commitment or obligation                      potential confusion. Similarly, the                   including whether the proposed rule
                                                  to trade is issued.’’ Rule 104A.50 would                   Exchange believes that removing cross-                change is consistent with the Act.
                                                  also be amended to remove these                            references to obsolete rules would                    Comments may be submitted by any of
                                                  additional references to commitments or                    remove impediments to and perfect the                 the following methods:
                                                  obligations to trade through ITS.                          mechanism of a free and open market
                                                     • Rule 123(a) provides that every                       because it would reduce potential
                                                                                                                                                                   Electronic Comments
                                                  member must maintain for at least three                    confusion that may result from having                   • Use the Commission’s Internet
                                                  years a record of every order originated                   such cross references in the Exchange’s               comment form (http://www.sec.gov/
                                                  by the member on the Floor and given                       rulebook. Removing such obsolete cross                rules/sro.shtml); or
                                                  to another member for execution. The                       references will also further the goal of                • Send an email to rule-comments@
                                                  record keeping requirement includes                        transparency and add clarity to the                   sec.gov. Please include File Number SR–
                                                  ‘‘every commitment or obligation to                        Exchange’s rules.                                     NYSE–2015–23 on the subject line.
                                                  trade issued from the Floor through ITS
                                                  or any other Application of the System’’.                  B. Self-Regulatory Organization’s                     Paper Comments
                                                  Rule 123(d) requires that before any                       Statement on Burden on Competition                      • Send paper comments in triplicate
                                                  order is executed, including where an                         The Exchange does not believe that                 to Brent J. Fields, Secretary, Securities
                                                  order is to be executed by issuance from                   the proposed rule change will impose                  and Exchange Commission, 100 F Street
                                                  the Floor of a commitment or obligation                    any burden on competition that is not                 NE., Washington, DC 20549–1090.
                                                  to trade through ITS, the account name                     necessary or appropriate in furtherance               All submissions should refer to File
                                                  or designation for the order must be                       of the purposes of the Act. The                       Number SR–NYSE–2015–23. This file
                                                  recorded. Rule 123(a) and (d) would be                     proposed change is not designed to                    number should be included on the
                                                  amended to delete these references to                      address any competitive issue but rather              subject line if email is used. To help the
                                                  commitments or obligations to trade                        to delete obsolete rules and references to            Commission process and review your
                                                  through ITS.                                               obsolete rules, thereby increasing                    comments more efficiently, please use
                                                  2. Statutory Basis                                         transparency, reducing confusion, and                 only one method. The Commission will
                                                                                                             making the Exchange’s rules easier to                 post all comments on the Commission’s
                                                     The Exchange believes that the                          understand and navigate.                              Internet Web site (http://www.sec.gov/
                                                  proposed rule change is consistent with                                                                          rules/sro.shtml). Copies of the
                                                  Section 6(b) of the Act,9 in general, and                  C. Self-Regulatory Organization’s
                                                                                                             Statement on Comments on the                          submission, all subsequent
                                                  furthers the objectives of Section 6(b)(5)                                                                       amendments, all written statements
                                                  of the Act,10 in particular, in that it in                 Proposed Rule Change Received From
                                                                                                             Members, Participants, or Others                      with respect to the proposed rule
                                                  that it is designed to prevent fraudulent                                                                        change that are filed with the
                                                  and manipulative acts and practices, to                      No written comments were solicited                  Commission, and all written
                                                  promote just and equitable principles of                   or received with respect to the proposed
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                                                  trade, to foster cooperation and                           rule change.                                            11 15  U.S.C. 78s(b)(3)(a)(iii).
                                                  coordination with persons engaged in                                                                               12 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                             III. Date of Effectiveness of the
                                                  facilitating transactions in securities,                                                                         4(f)(6) requires a self-regulatory organization to give
                                                                                                             Proposed Rule Change and Timing for                   the Commission written notice of its intent to file
                                                  and to remove impediments to and
                                                                                                             Commission Action                                     the proposed rule change at least five business days
                                                  perfect the mechanism of a free and                                                                              prior to the date of filing of the proposed rule
                                                                                                                Because the foregoing proposed rule                change, or such shorter time as designated by the
                                                    9 15   U.S.C. 78f(b).                                    change does not: (i) Significantly affect             Commission. The Exchange satisfied this
                                                    10 15   U.S.C. 78f(b)(5).                                the protection of investors or the public             requirement.



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                                                                                   Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices                                                   27219

                                                  communications relating to the                            existing collection of information to the               Dated: May 6, 2015.
                                                  proposed rule change between the                          Office of Management and Budget                       Robert W. Errett,
                                                  Commission and any person, other than                     (‘‘OMB’’) for extension and approval.                 Deputy Secretary.
                                                  those that may be withheld from the                          The Statement was issued by the                    [FR Doc. 2015–11368 Filed 5–11–15; 8:45 am]
                                                  public in accordance with the                             Commission, together with the Office of               BILLING CODE 8011–01–P
                                                  provisions of 5 U.S.C. 552, will be                       the Comptroller of the Currency, the
                                                  available for Web site viewing and                        Board of Governors of the Federal
                                                  printing in the Commission’s Public                       Reserve System, the Federal Deposit                   SECURITIES AND EXCHANGE
                                                  Reference Room, 100 F Street NE.,                         Insurance Corporation, and the Office of              COMMISSION
                                                  Washington, DC 20549 on official                          Thrift Supervision (together, the
                                                  business days between the hours of                                                                              Sunshine Act Meeting
                                                                                                            ‘‘Agencies’’), in May 2006. The
                                                  10:00 a.m. and 3:00 p.m. Copies of such                   Statement describes the types of internal                Notice is hereby given, pursuant to
                                                  filing also will be available for                         controls and risk management                          the provisions of the Government in the
                                                  inspection and copying at the principal                   procedures that the Agencies believe are              Sunshine Act, Public Law 94–409, that
                                                  offices of the Exchange. All comments                     particularly effective in assisting                   the Securities and Exchange
                                                  received will be posted without change;
                                                                                                            financial institutions to identify and                Commission will hold a closed meeting
                                                  the Commission does not edit personal
                                                                                                            address the reputational, legal, and                  on Thursday, May 14, 2015, at 2 p.m.
                                                  identifying information from
                                                                                                            other risks associated with elevated risk                Commissioners, Counsel to the
                                                  submissions. You should submit only
                                                                                                            complex structured finance                            Commissioners, the Secretary to the
                                                  information that you wish to make
                                                                                                            transactions.                                         Commission, and recording secretaries
                                                  available publicly. All submissions
                                                                                                               The primary purpose of the Statement               will attend the closed meeting. Certain
                                                  should refer to File Number SR–NYSE–
                                                                                                            is to ensure that these transactions                  staff members who have an interest in
                                                  2015–23, and should be submitted on or
                                                                                                            receive enhanced scrutiny by the                      the matters also may be present.
                                                  before June 2, 2015.
                                                                                                            institution and to ensure that the                       The General Counsel of the
                                                    For the Commission, by the Division of                                                                        Commission, or her designee, has
                                                  Trading and Markets, pursuant to delegated                institution does not participate in illegal
                                                                                                            or inappropriate transactions.                        certified that, in her opinion, one or
                                                  authority.13                                                                                                    more of the exemptions set forth in 5
                                                  Robert W. Errett,                                            The Commission estimates that                      U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
                                                  Deputy Secretary.                                         approximately 5 registered broker-                    and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
                                                  [FR Doc. 2015–11380 Filed 5–11–15; 8:45 am]               dealers or investment advisers will                   and (10), permit consideration of the
                                                  BILLING CODE 8011–01–P                                    spend an average of approximately 25                  scheduled matter at the closed meeting.
                                                                                                            hours per year complying with the                        Commissioner Piwowar, as duty
                                                                                                            Statement. Thus, the total compliance                 officer, voted to consider the items
                                                  SECURITIES AND EXCHANGE                                   burden is estimated to be approximately               listed for the closed meeting in closed
                                                  COMMISSION                                                125 burden-hours per year.                            session.
                                                  [SEC File No. 270–560, OMB Control No.                       Written comments are invited on: (a)                  The subject matter of the closed
                                                  3235–0622]                                                Whether the proposed collection of                    meeting will be:
                                                                                                            information is necessary for the proper                  Institution and settlement of
                                                  Proposed Collection; Comment                              performance of the functions of the                   injunctive actions;
                                                  Request                                                   Commission, including whether the                        Institution and settlement of
                                                                                                            information shall have practical utility;             administrative proceedings;
                                                  Upon Written Request, Copies Available                                                                             Formal order of investigation; and
                                                   From: Securities and Exchange                            (b) the accuracy of the Commission’s
                                                                                                            estimates of the burden of the proposed                  Other matters relating to enforcement
                                                   Commission, Office of FOIA Services,                                                                           proceedings.
                                                   100 F Street NE., Washington, DC                         collection of information; (c) ways to
                                                                                                            enhance the quality, utility, and clarity                At times, changes in Commission
                                                   20549–2736.                                                                                                    priorities require alterations in the
                                                                                                            of the information collected; and (d)
                                                  Extension:                                                ways to minimize the burden of the                    scheduling of meeting items.
                                                    Interagency Statement on Sound Practices,                                                                        For further information and to
                                                                                                            collection of information on
                                                      SEC File No. 270–560, OMB Control No.                                                                       ascertain what, if any, matters have been
                                                      3235–0622.                                            respondents, including through the use
                                                                                                            of automated collection techniques or                 added, deleted, or postponed, please
                                                     Notice is hereby given that pursuant                   other forms of information technology.                contact the Office of the Secretary at
                                                  to the Paperwork Reduction Act of 1995                    Consideration will be given to                        (202) 551–5400.
                                                  (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the                   comments and suggestions submitted in                   Dated: May 7, 2015.
                                                  Securities and Exchange Commission                        writing within 60 days of this                        Brent J. Fields,
                                                  (‘‘Commission’’) is soliciting comments                   publication.                                          Secretary.
                                                  on the existing collection of information
                                                  provided for in the proposed                                 An agency may not conduct or                       [FR Doc. 2015–11508 Filed 5–8–15; 11:15 am]
                                                  Interagency Statement on Sound                            sponsor, and a person is not required to              BILLING CODE 8011–01–P

                                                  Practices Concerning Elevated Risk                        respond to, a collection of information
                                                  Complex Structured Finance Activities                     under the PRA unless it displays a
                                                                                                            currently valid OMB control number.                   SECURITIES AND EXCHANGE
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                                                  (‘‘Statement’’) under the Securities
                                                  Exchange Act of 1934 (15 U.S.C. 78a et                       Please direct your written comments                COMMISSION
                                                  seq.) (‘‘Exchange Act’’) and the                          to: Pamela Dyson, Director/Chief                      Submission for OMB Review;
                                                  Investment Advisers Act of 1940 (15                       Information Officer, Securities and                   Comment Request
                                                  U.S.C. 80b et seq.) (‘‘Advisers Act’’). The               Exchange Commission, c/o Remi Pavlik-
                                                  Commission plans to submit this                           Simon, 100 F Street NE., Washington,                  Upon Written Request, Copies Available
                                                                                                            DC 20549, or send an email to: PRA_                    From: Securities and Exchange
                                                    13 17   CFR 200.30–3(a)(12).                            Mailbox@sec.gov.                                       Commission, Office of FOIA Services,


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Document Created: 2015-12-16 07:54:57
Document Modified: 2015-12-16 07:54:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 27217 

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