80 FR 59213 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Adding to the Rules of the Exchange the Third Amended and Restated Certificate of Incorporation of NYSE Market, Inc., and the Eighth Amended and Restated Operating Agreement of New York Stock Exchange LLC
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 190 (October 1, 2015)
Federal Register Volume 80, Issue 190 (October 1, 2015)
| Page Range | 59213-59215 | |
| FR Document | 2015-24882 |
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)] [Notices] [Pages 59213-59215] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24882] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75984; File No. SR-NYSEMKT-2015-71] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Adding to the Rules of the Exchange the Third Amended and Restated Certificate of Incorporation of NYSE Market, Inc., and the Eighth Amended and Restated Operating Agreement of New York Stock Exchange LLC September 25, 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 September 22, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Exchange has designated this proposal as a ``non- controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule 19b-4(f)(6)(iii) thereunder,\5\ which renders it effective upon filing with the Commission. 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. \4\ 15 U.S.C. 78s(b)(3)(A). \5\ 17 CFR 240.19b-4(f)(6)(iii). --------------------------------------------------------------------------- [[Page 59214]] I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to add to the rules of the Exchange the (1) the Third Amended and Restated Certificate of Incorporation of NYSE Market (DE), Inc. (``NYSE Market (DE)''), and (2) the Eighth Amended and Restated Operating Agreement of New York Stock Exchange LLC (``NYSE LLC''). 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to add to the rules of the Exchange the (1) Third Amended and Restated Certificate of Incorporation of NYSE Market (DE) (the ``Certificate of Incorporation''), and (2) the Eighth Amended and Restated Operating Agreement of NYSE LLC (the ``NYSE LLC Operating Agreement''). Background and Proposed Rule Change NYSE Market (DE), a Delaware corporation, is a wholly-owned subsidiary of NYSE LLC, which is an affiliate of the Exchange.\6\ NYSE Market (DE), in turn, owns a majority interest in NYSE Amex Options LLC (``NYSE Amex Options''), a facility of the Exchange. --------------------------------------------------------------------------- \6\ See Exchange Act Release No. 70210 (August 15, 2013) (SR- NYSEMKT-2013-50), 78 FR 51758 (August 21, 2013) (approving proposed rule change relating to a corporate transaction in which NYSE Euronext will become a wholly owned subsidiary of IntercontinentalExchange Group, Inc. (now Intercontinental Exchange, Inc.)). The Exchange and NYSE Market (DE) are the only members of NYSE Amex Options. See Exchange Act Release No. 75301 (June 25, 2015), 80 FR 37695 (July 1, 2015) (SR-NYSEMKT-2015-44) (notice of filing and immediate effectiveness of proposed rule change amending the members' schedule of the Amended and Restated Limited Liability Company Agreement of NYSE Amex Options LLC). --------------------------------------------------------------------------- The Exchange is filing as a ``rule of the exchange'' under Section 3(a)(27) of the Act \7\ the Certificate of Incorporation of NYSE Market (DE) because NYSE Market DE has a majority ownership interest in a facility of the Exchange. The Certificate of Incorporation contains restrictions on the ability of NYSE Market (DE)'s parent, NYSE LLC, to transfer or assign any interest in NYSE Market (DE) without Securities and Exchange Commission (``Commission'') approval.\8\ --------------------------------------------------------------------------- \7\ 15 U.S.C. 78c(a)(27). \8\ Article IV, Section 2 of the Certificate of Incorporation provides that the: New York Stock Exchange LLC may not transfer or assign any shares of stock of [NYSE Market (DE)], in whole or in part, to any entity, unless such transfer or assignment shall be filed with and approved by the U.S. Securities and Exchange Commission . . . under Section 19 of the Exchange Act and the rules promulgated thereunder. --------------------------------------------------------------------------- Similarly, because of NYSE LLC's ownership of NYSE Market (DE), the Exchange is filing the NYSE LLC Operating Agreement as a ``rule of the exchange'' under Section 3(a)(27) of the Act.\9\ --------------------------------------------------------------------------- \9\ 15 U.S.C. 78c(a)(27). --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act \10\ in general, and with Section 6(b)(1) \11\ in particular, in that it enables the Exchange to be so organized as to have the capacity to be able to carry out the purposes of the Act and to comply, and to enforce compliance by its exchange members and persons associated with its exchange members, with the provisions of the Act, the rules and regulations thereunder, and the rules of the Exchange. --------------------------------------------------------------------------- \10\ 15 U.S.C. 78f(b). \11\ 15 U.S.C. 78f(b)(1). --------------------------------------------------------------------------- The Exchange believes that the proposed rule change would contribute to the orderly operation of the Exchange and would enable the Exchange to be so organized as to have the capacity to carry out the purposes of the Act and comply and enforce compliance by its members and persons associated with its members, with the provisions of the Act because, by making the Certificate of Incorporation a rule of the Exchange, no amendment to the Certificate of Incorporation, including its restrictions on the ability of NYSE LLC to transfer or assign any interest in NYSE Market (DE), could be made without the Exchange filing a proposed rule change with the Commission. Similarly, the Exchange would be required to file as a proposed rule change any changes to the NYSE LLC Operating Agreement with the Commission.\12\ In addition, the Exchange believes that the proposed changes are consistent with and will facilitate an ownership structure of the Exchange's facility NYSE Amex Options that will provide the Commission with appropriate oversight tools to ensure that the Commission will have the ability to enforce the Act with respect to NYSE Amex Options and its direct and indirect parent entities. --------------------------------------------------------------------------- \12\ The Exchange notes that any amendment to the NYSE LLC Operating Agreement would also require that NYSE LLC file a proposed rule change with the Commission. --------------------------------------------------------------------------- The Exchange also believes that this filing furthers the objectives of Section 6(b)(5) of the Act \13\ because the proposed rule change would be consistent with and facilitate a governance and regulatory structure that 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 regulating, clearing, settling, processing information with respect to, and 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 that making the Certificate of Incorporation and NYSE LLC Operating Agreement rules of the Exchange will remove impediments to the operation of the Exchange by ensuring that no amendment to the Certificate of Incorporation or NYSE LLC Operating Agreement could be made without the Exchange filing a proposed rule change with the Commission. For the same reasons, the proposed rule change is also designed to protect investors as well as the public interest. --------------------------------------------------------------------------- \13\ 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 would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is not intended to address competitive issues but rather is concerned solely with ensuring that the Commission will have the ability to enforce the Act with respect to NYSE Amex Options and its direct and indirect parent entities. [[Page 59215]] 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 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, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.\14\ --------------------------------------------------------------------------- \14\ 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. --------------------------------------------------------------------------- A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the Act normally does not become operative for 30 days after the date of its filing. However, Rule 19b-4(f)(6)(iii) permits the Commission to 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 appropriate because the Certificate of Incorporation of NYSE Market (DE) and the NYSE LLC Operating Agreement will become ``rules of the exchange'' of NYSE MKT without delay. Based on the foregoing, the Commission believes that the waiver of the operative delay is consistent with the protection of investors and the public interest.\15\ The Commission hereby grants the waiver and designates the proposal operative upon filing. --------------------------------------------------------------------------- \15\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- 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 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 CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NYSEMKT-2015-71 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-NYSEMKT-2015-71. 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 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 20549-1090, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available for inspection and copying at the NYSE's principal office and on its Internet Web site at www.nyse.com. 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-NYSEMKT-2015-71 and should be submitted on or before October 22, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2015-24882 Filed 9-30-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices 59213
existing best execution processes. If a III. Date of Effectiveness of the office of the Exchange. All comments
member believes that RTFY will not Proposed Rule Change and Timing for received will be posted without change;
complement their best execution efforts, Commission Action the Commission does not edit personal
the member can simply choose not to Within 45 days of the date of identifying information from
use RTFY. publication of this notice in the Federal submissions. You should submit only
The Exchange does not believe the Register or within such longer period (i) information that you wish to make
proposed rule change will impact non- as the Commission may designate up to available publicly. All submissions
exchange affiliated broker-dealers 90 days of such date if it finds such should refer to File Number SR–
negatively and will not provide any longer period to be appropriate and NASDAQ–2015–112 and should be
advantages to exchange affiliated publishes its reasons for so finding or submitted on or before October 22,
broker-dealers because of the following (ii) as to which the Exchange consents, 2015.
reasons: NASDAQ’s affiliated broker- the Commission shall: (a) By order For the Commission, by the Division of
dealer 20 offers a very limited service to approve or disapprove such proposed Trading and Markets, pursuant to delegated
retail orders that complement the rule change, or (b) institute proceedings authority.22
to determine whether the proposed rule
activities of non-exchange affiliated Robert W. Errett,
change should be disapproved.
broker-dealers by providing another Deputy Secretary.
novel way to seek price improvement IV. Solicitation of Comments [FR Doc. 2015–24884 Filed 9–30–15; 8:45 am]
opportunities for retail orders. Interested persons are invited to BILLING CODE 8011–01–P
Additionally, NES will act only on submit written data, views, and
behalf of a NASDAQ member, through arguments concerning the foregoing,
NASDAQ’s direction, if and only if including whether the proposed rule SECURITIES AND EXCHANGE
requested by the member to do so via change is consistent with the Act. COMMISSION
the use of the RFTY order routing Comments may be submitted by any of
option and other NASDAQ order the following methods: [Release No. 34–75984; File No. SR–
routing options.21 In short, there is no NYSEMKT–2015–71]
Electronic comments
obligation for a NASDAQ member to use
RTFY, as is the case today with TFTY • Use the Commission’s Internet Self-Regulatory Organizations; NYSE
and all other routing options offered by comment form (http://www.sec.gov/ MKT LLC; Notice of Filing and
NASDAQ. rules/sro.shtml); or Immediate Effectiveness of Proposed
• Send an email to rule-comments@ Rule Change Adding to the Rules of
The proposed rule change is a result sec.gov. Please include File Number SR–
of a dialogue initiated by NASDAQ the Exchange the Third Amended and
NASDAQ–2015–112 on the subject line.
more than a year ago with members and Restated Certificate of Incorporation of
non-members regarding various ways Paper comments NYSE Market, Inc., and the Eighth
the Exchange can help improve • Send paper comments in triplicate Amended and Restated Operating
execution quality for retail investors and to Secretary, Securities and Exchange Agreement of New York Stock
provide services that complement their Commission, 100 F Street NE., Exchange LLC
existing routing technology and related Washington, DC 20549–1090.
September 25, 2015.
services. Based upon these discussions, All submissions should refer to File
NASDAQ believes that neither members Number SR–NASDAQ–2015–112. This Pursuant to Section 19(b)(1) 1 of the
nor non-members would feel as though file number should be included on the Securities Exchange Act of 1934 (the
RTFY provides NES with an advantage subject line if email is used. To help the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
over non-exchange affiliated broker- Commission process and review your notice is hereby given that on
dealers or will compete with non- comments more efficiently, please use September 22, 2015, NYSE MKT LLC
exchange affiliated broker-dealers in any only one method. The Commission will (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed
way. post all comments on the Commission’s with the Securities and Exchange
Internet Web site (http://www.sec.gov/ Commission (the ‘‘Commission’’) the
C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the proposed rule change as described in
Statement on Comments on the submission, all subsequent Items I and II below, which Items have
Proposed Rule Change Received From amendments, all written statements been prepared by the self-regulatory
Members, Participants or Others with respect to the proposed rule organization. The Exchange has
change that are filed with the designated this proposal as a ‘‘non-
Written comments were neither
Commission, and all written controversial’’ proposed rule change
solicited nor received. communications relating to the pursuant to Section 19(b)(3)(A) of the
proposed rule change between the Act 4 and Rule 19b–4(f)(6)(iii)
20 NASDAQ sends routable orders entered into
Commission and any person, other than thereunder,5 which renders it effective
the System to a broker-dealer that it owns and
operates, NASDAQ Execution Services, LLC
those that may be withheld from the upon filing with the Commission. The
(‘‘NES’’). NES is a broker-dealer registered with the public in accordance with the Commission is publishing this notice to
Commission pursuant to Section 15 of the Act, and provisions of 5 U.S.C. 552, will be solicit comments on the proposed rule
mstockstill on DSK4VPTVN1PROD with NOTICES6
is considered a facility and an affiliate of NASDAQ. available for Web site viewing and change from interested persons.
NES’s sole function is to provide outbound routing printing in the Commission’s Public
services to NASDAQ. Reference Room, 100 F Street NE.,
21 When NASDAQ routes an order to other venues 22 17 CFR 200.30–3(a)(12).
Washington, DC 20549, on official 1 15 U.S.C. 78s(b)(1).
it does not do so directly but rather uses NES,
which is a member of other exchanges and market
business days between the hours of 2 15 U.S.C. 78a.
venues. A member’s routable Order will be sent by 10:00 a.m. and 3:00 p.m. Copies of such 3 17 CFR 240.19b–4.
NASDAQ to NES for routing consistent with the filing will also be available for 4 15 U.S.C. 78s(b)(3)(A).
member-selected routing option. inspection and copying at the principal 5 17 CFR 240.19b–4(f)(6)(iii).
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![59214 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices
I. Self-Regulatory Organization’s Amex Options’’), a facility of the NYSE LLC Operating Agreement with
Statement of the Terms of Substance of Exchange. the Commission.12 In addition, the
the Proposed Rule Change The Exchange is filing as a ‘‘rule of Exchange believes that the proposed
The Exchange proposes to add to the the exchange’’ under Section 3(a)(27) of changes are consistent with and will
rules of the Exchange the (1) the Third the Act 7 the Certificate of Incorporation facilitate an ownership structure of the
Amended and Restated Certificate of of NYSE Market (DE) because NYSE Exchange’s facility NYSE Amex Options
Incorporation of NYSE Market (DE), Inc. Market DE has a majority ownership that will provide the Commission with
(‘‘NYSE Market (DE)’’), and (2) the interest in a facility of the Exchange. appropriate oversight tools to ensure
Eighth Amended and Restated The Certificate of Incorporation contains
that the Commission will have the
Operating Agreement of New York restrictions on the ability of NYSE
ability to enforce the Act with respect to
Stock Exchange LLC (‘‘NYSE LLC’’). The Market (DE)’s parent, NYSE LLC, to
transfer or assign any interest in NYSE NYSE Amex Options and its direct and
text of the proposed rule change is indirect parent entities.
available on the Exchange’s Web site at Market (DE) without Securities and
www.nyse.com, at the principal office of Exchange Commission (‘‘Commission’’) The Exchange also believes that this
the Exchange, and at the Commission’s approval.8 filing furthers the objectives of Section
Similarly, because of NYSE LLC’s 6(b)(5) of the Act 13 because the
Public Reference Room.
ownership of NYSE Market (DE), the proposed rule change would be
II. Self-Regulatory Organization’s Exchange is filing the NYSE LLC consistent with and facilitate a
Statement of the Purpose of, and Operating Agreement as a ‘‘rule of the governance and regulatory structure that
Statutory Basis for, the Proposed Rule exchange’’ under Section 3(a)(27) of the is designed to prevent fraudulent and
Change Act.9 manipulative acts and practices, to
In its filing with the Commission, the 2. Statutory Basis promote just and equitable principles of
self-regulatory organization included trade, to foster cooperation and
The Exchange believes that the
statements concerning the purpose of, coordination with persons engaged in
proposed rule change is consistent with
and basis for, the proposed rule change regulating, clearing, settling, processing
Section 6(b) of the Act 10 in general, and
and discussed any comments it received information with respect to, and
with Section 6(b)(1) 11 in particular, in
on the proposed rule change. The text facilitating transactions in securities, to
that it enables the Exchange to be so
of those statements may be examined at organized as to have the capacity to be remove impediments to, and perfect the
the places specified in Item IV below. able to carry out the purposes of the Act mechanism of a free and open market
The Exchange has prepared summaries, and to comply, and to enforce and a national market system and, in
set forth in sections A, B, and C below, compliance by its exchange members general, to protect investors and the
of the most significant parts of such and persons associated with its public interest. The Exchange believes
statements. exchange members, with the provisions that making the Certificate of
A. Self-Regulatory Organization’s of the Act, the rules and regulations Incorporation and NYSE LLC Operating
Statement of the Purpose of, and the thereunder, and the rules of the Agreement rules of the Exchange will
Statutory Basis for, the Proposed Rule Exchange. remove impediments to the operation of
Change The Exchange believes that the the Exchange by ensuring that no
proposed rule change would contribute
1. Purpose amendment to the Certificate of
to the orderly operation of the Exchange
Incorporation or NYSE LLC Operating
The Exchange proposes to add to the and would enable the Exchange to be so
rules of the Exchange the (1) Third organized as to have the capacity to Agreement could be made without the
Amended and Restated Certificate of carry out the purposes of the Act and Exchange filing a proposed rule change
Incorporation of NYSE Market (DE) (the comply and enforce compliance by its with the Commission. For the same
‘‘Certificate of Incorporation’’), and (2) members and persons associated with reasons, the proposed rule change is
the Eighth Amended and Restated its members, with the provisions of the also designed to protect investors as
Operating Agreement of NYSE LLC (the Act because, by making the Certificate well as the public interest.
‘‘NYSE LLC Operating Agreement’’). of Incorporation a rule of the Exchange, B. Self-Regulatory Organization’s
no amendment to the Certificate of
Background and Proposed Rule Change Statement on Burden on Competition
Incorporation, including its restrictions
NYSE Market (DE), a Delaware on the ability of NYSE LLC to transfer The Exchange does not believe that
corporation, is a wholly-owned or assign any interest in NYSE Market the proposed rule change would impose
subsidiary of NYSE LLC, which is an (DE), could be made without the any burden on competition that is not
affiliate of the Exchange.6 NYSE Market Exchange filing a proposed rule change necessary or appropriate in furtherance
(DE), in turn, owns a majority interest in with the Commission. Similarly, the of the purposes of the Act. The
NYSE Amex Options LLC (‘‘NYSE Exchange would be required to file as a proposed rule change is not intended to
proposed rule change any changes to the address competitive issues but rather is
6 See Exchange Act Release No. 70210 (August 15,
2013) (SR–NYSEMKT–2013–50), 78 FR 51758 7 15
concerned solely with ensuring that the
U.S.C. 78c(a)(27).
(August 21, 2013) (approving proposed rule change 8 Article IV, Section 2 of the Certificate of Commission will have the ability to
relating to a corporate transaction in which NYSE enforce the Act with respect to NYSE
Incorporation provides that the:
Euronext will become a wholly owned subsidiary
New York Stock Exchange LLC may not transfer Amex Options and its direct and
mstockstill on DSK4VPTVN1PROD with NOTICES6
of IntercontinentalExchange Group, Inc. (now
Intercontinental Exchange, Inc.)). The Exchange and or assign any shares of stock of [NYSE Market (DE)], indirect parent entities.
NYSE Market (DE) are the only members of NYSE in whole or in part, to any entity, unless such
Amex Options. See Exchange Act Release No. transfer or assignment shall be filed with and
75301 (June 25, 2015), 80 FR 37695 (July 1, 2015) approved by the U.S. Securities and Exchange
12 The Exchange notes that any amendment to the
(SR–NYSEMKT–2015–44) (notice of filing and Commission . . . under Section 19 of the Exchange
immediate effectiveness of proposed rule change Act and the rules promulgated thereunder. NYSE LLC Operating Agreement would also require
amending the members’ schedule of the Amended
9 15 U.S.C. 78c(a)(27). that NYSE LLC file a proposed rule change with the
and Restated Limited Liability Company Agreement 10 15 U.S.C. 78f(b). Commission.
of NYSE Amex Options LLC). 11 15 U.S.C. 78f(b)(1). 13 15 U.S.C. 78f(b)(5).
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![Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices 59215
C. Self-Regulatory Organization’s investors, or otherwise in furtherance of submitted on or before October 22,
Statement on Comments on the the purposes of the Act. If the 2015.
Proposed Rule Change Received From Commission takes such action, the For the Commission, by the Division of
Members, Participants, or Others Commission shall institute proceedings Trading and Markets, pursuant to delegated
No written comments were solicited to determine whether the proposed rule authority.16
or received with respect to the proposed should be approved or disapproved. Robert W. Errett,
rule change. IV. Solicitation of Comments Deputy Secretary.
[FR Doc. 2015–24882 Filed 9–30–15; 8:45 am]
III. Date of Effectiveness of the Interested persons are invited to
BILLING CODE 8011–01–P
Proposed Rule Change and Timing for submit written data, views, and
Commission Action arguments concerning the foregoing,
Because the proposed rule change including whether the proposed rule SECURITIES AND EXCHANGE
does not (i) significantly affect the change is consistent with the Act. COMMISSION
protection of investors or the public Comments may be submitted by any of
interest; (ii) impose any significant the following methods: [Release No. 34–75988; File No. SR–FINRA–
2015–032]
burden on competition; and (iii) become Electronic Comments
operative for 30 days from the date on Self-Regulatory Organizations;
which it was filed, or such shorter time • Use the Commission’s Internet
Financial Industry Regulatory
as the Commission may designate, the comment form (http://www.sec.gov/
Authority, Inc.; Notice of Filing of a
proposed rule change has become rules/sro.shtml); or
Proposed Rule Change To Amend
effective pursuant to Section 19(b)(3)(A) • Send an email to rule-comments@ FINRA Rule 8312 (FINRA BrokerCheck
of the Act and Rule 19b–4(f)(6) sec.gov. Please include File Number SR– Disclosure) To Reduce the Waiting
thereunder.14 NYSEMKT–2015–71 on the subject line. Period for the Release of Information
A proposed rule change filed Reported on Form U5
Paper Comments
pursuant to Rule 19b–4(f)(6) under the
Act normally does not become operative • Send paper comments in triplicate September 25, 2015.
for 30 days after the date of its filing. to Brent J. Fields, Secretary, Securities Pursuant to Section 19(b)(1) of the
However, Rule 19b–4(f)(6)(iii) permits and Exchange Commission, 100 F Street Securities Exchange Act of 1934
the Commission to designate a shorter NE., Washington, DC 20549–1090. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
time if such action is consistent with the All submissions should refer to File notice is hereby given that on
protection of investors and the public Number SR–NYSEMKT–2015–71. This September 14, 2015, Financial Industry
interest. The Exchange has asked the file number should be included on the Regulatory Authority, Inc. (‘‘FINRA’’)
Commission to waive the 30-day subject line if email is used. To help the filed with the Securities and Exchange
operative delay so that the proposal may Commission process and review your Commission (‘‘SEC’’ or ‘‘Commission’’)
become operative immediately upon comments more efficiently, please use the proposed rule change as described
filing. The Commission believes that only one method. The Commission will in Items I and II below, which Items
waiver of the 30-day operative delay is post all comments on the Commission’s have been prepared by FINRA. The
appropriate because the Certificate of Internet Web site (http://www.sec.gov/ Commission is publishing this notice to
Incorporation of NYSE Market (DE) and rules/sro.shtml). Copies of the solicit comments on the proposed rule
the NYSE LLC Operating Agreement submission, all subsequent change from interested persons.
will become ‘‘rules of the exchange’’ of amendments, all written statements
NYSE MKT without delay. Based on the I. Self-Regulatory Organization’s
with respect to the proposed rule Statement of the Terms of Substance of
foregoing, the Commission believes that change that are filed with the
the waiver of the operative delay is the Proposed Rule Change
Commission, and all written
consistent with the protection of communications relating to the FINRA is proposing to amend FINRA
investors and the public interest.15 The proposed rule change between the Rule 8312 (FINRA BrokerCheck
Commission hereby grants the waiver Commission and any person, other than Disclosure) to reduce the 15-day waiting
and designates the proposal operative those that may be withheld from the period for the release of information
upon filing. public in accordance with the reported on Form U5 (Uniform
At any time within 60 days of the provisions of 5 U.S.C. 552, will be Termination Notice for Securities
filing of the proposed rule change, the available for Web site viewing and Industry Registration) through
Commission summarily may printing in the Commission’s Public BrokerCheck®.
temporarily suspend such rule change if Reference Room, 100 F Street NE., The text of the proposed rule change
it appears to the Commission that such Washington, DC 20549–1090, on official is available on FINRA’s Web site at
action is necessary or appropriate in the business days between the hours of http://www.finra.org, at the principal
public interest, for the protection of 10:00 a.m. and 3:00 p.m. Copies of the office of FINRA and at the
filing will also be available for Commission’s Public Reference Room.
14 In addition, Rule 19b–4(f)(6)(iii) requires the
inspection and copying at the NYSE’s II. Self-Regulatory Organization’s
Exchange to give the Commission written notice of
the Exchange’s intent to file the proposed rule principal office and on its Internet Web Statement of the Purpose of, and
change, along with a brief description and text of site at www.nyse.com. All comments Statutory Basis for, the Proposed Rule
mstockstill on DSK4VPTVN1PROD with NOTICES6
the proposed rule change, at least five business days received will be posted without change; Change
prior to the date of filing of the proposed rule the Commission does not edit personal
change, or such shorter time as designated by the In its filing with the Commission,
Commission. The Exchange has satisfied this identifying information from
FINRA included statements concerning
requirement. submissions. You should submit only
the purpose of and basis for the
15 For purposes only of waiving the 30-day information that you wish to make
operative delay, the Commission has also available publicly. All submissions 16 17 CFR 200.30–3(a)(12).
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
should refer to File Number SR– 1 15 U.S.C. 78s(b)(1).
15 U.S.C. 78c(f). NYSEMKT–2015–71 and should be 2 17 CFR 240.19b–4.
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Document Created: 2015-12-15 08:39:58
Document Modified: 2015-12-15 08:39:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 59213 |
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