80 FR 69749 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE MKT Rule 19-Equities To Specify in Exchange Rules the Exchange's Use of Data Feeds From National Stock Exchange, Inc. for Order Handling and Execution, Order Routing, and Regulatory Compliance

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 217 (November 10, 2015)

Page Range		69749-69751
FR Document		2015-28509

Federal Register, Volume 80 Issue 217 (Tuesday, November 10, 2015)

[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69749-69751]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-28509]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76345; File No. SR-NYSEMKT-2015-84]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending NYSE MKT Rule
19--Equities To Specify in Exchange Rules the Exchange's Use of Data
Feeds From National Stock Exchange, Inc. for Order Handling and
Execution, Order Routing, and Regulatory Compliance

November 4, 2015.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 20, 2015, NYSE MKT LLC (the

[[Page 69750]]

``Exchange'' or ``NYSE MKT'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

The Exchange proposes to amend NYSE MKT Rule 19--Equities to
specify in Exchange rules the Exchange's use of data feeds from
National Stock Exchange, Inc. for order handling and execution, order
routing, and regulatory compliance. 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 amend NYSE MKT Rule 19--Equities (``Rule
19'') to specify in Exchange rules which data feeds from National Stock
Exchange, Inc. (``NSX'') that the Exchange would use for order handling
and execution, order routing, and regulatory compliance.
On July 18, 2014, the Exchange filed a proposed rule change that
clarified the Exchange's use of certain data feeds for order handling
and execution, order routing, and regulatory compliance.\3\ As noted in
that filing, the data feeds available for the purposes of order
handling and execution, order routing, and regulatory compliance at the
Exchange include the exclusive securities information processor
(``SIP'') data feeds.\4\ On February 24, 2015, the Exchange adopted
Supplementary Material .01 to Rule 19 to specify which data feeds that
the Exchange uses for the handling, execution, and routing of orders,
as well as for regulatory compliance.\5\
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\3\ See Securities Exchange Act Release No. 72709 (July 29,
2014), 79 FR 45513 (Aug. 5, 2014) (SR-NYSEMKT-2014-62) (``July 2014
Data Feed Filing'').
\4\ The SIP feeds are disseminated pursuant to effective joint-
industry plans as required by Rule 603(b) of Regulation NMS. 17 CFR
242.603(b). The three joint-industry plans are: (1) The CTA Plan,
which is operated by the Consolidated Tape Association and
disseminates transaction information for securities with the primary
listing market on exchanges other than NASDAQ Stock Market LLC
(``Nasdaq''): (2) The CQ Plan, which disseminates consolidated
quotation information for securities with their primary listing on
exchanges other than Nasdaq; and (3) the Nasdaq UTP Plan, which
disseminates consolidated transaction and quotation information for
securities with their primary listing on Nasdaq.
\5\ See Securities Exchange Act Release No. 74408 (March 2,
2015), 80 FR (March 6, 2015) (SR-NYSEMKT-2015-11).
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To reflect that, subject to regulatory approval, NSX intends to
reopen trading and has reactivated its connections to the SIPs, the
Exchange proposes to amend Supplementary Material .01 to Rule 19, to
specify which data feeds the Exchange would use for NSX. As proposed,
the Exchange would use the SIP Data Feed for NSX and would not have a
secondary source.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\6\ in general, and
furthers the objectives of Section 6(b)(5),\7\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to, and perfect the
mechanism of, a free and open market and a national market system and,
in general, to protect investors and the public interest. The Exchange
believes that the proposed rule change removes impediments to and
perfects the mechanism of a free and open market because it provides
enhanced transparency to better assess the quality of an exchange's
execution and routing services.
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\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue but rather would provide the
public and investors with information about which data feeds the
Exchange uses for execution and routing decisions.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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\8\ 15 U.S.C. 78s(b)(3)(A)(iii).
\9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange has stated that it is requesting this waiver
because NSX intends to reactivate its status as an operating
Participant of the SIPs, subject to regulatory approval, and that the
proposed rule change would permit the Exchange to immediately provide
the enhanced transparency in Exchange rules regarding which data feeds
the Exchange would use for NSX. The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest because this waiver will enable the
Exchange to disclose in a timely manner that it will be using NSX SIP
data for purpose of fulfilling its

[[Page 69751]]

order handling and execution, order routing, and regulatory compliance
obligations, if and when NSX receives the necessary regulatory approval
to recommence trading.\10\ For this reason, the Commission hereby
waives the 30-day operative delay requirement and designates the
proposed rule change as operative upon filing.\11\
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\10\ In granting this waiver, the Commission does not express an
opinion on whether or not NSX will receive regulatory approval to
recommence trading.
\11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\12\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEMKT-2015-84 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-2015-84. 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 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-NYSEMKT-2015-
84, and should be submitted on or before December 1, 2015.\13\
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\13\ 17 CFR 200.30-3(a)(12).

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.
Brent J. Fields,
Secretary.
[FR Doc. 2015-28509 Filed 11-9-15; 8:45 am]
BILLING CODE 8011-01-P

Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices 69749

of an exchange’s execution and routing Commission believes that waiving the only one method. The Commission will
services. 30-day operative delay is consistent post all comments on the Commission’s
with the protection of investors and the Internet Web site (http://www.sec.gov/
B. Self-Regulatory Organization's
public interest because this waiver will rules/sro.shtml). Copies of the
Statement on Burden on Competition
enable the Exchange to disclose in a submission, all subsequent
The Exchange does not believe that timely manner that it will be using NSX amendments, all written statements
the proposed rule change will impose SIP data for purpose of fulfilling its with respect to the proposed rule
any burden on competition that is not order handling and execution, order change that are filed with the
necessary or appropriate in furtherance routing, and regulatory compliance Commission, and all written
of the purposes of the Act. The obligations, if and when NSX receives communications relating to the
proposed change is not designed to the necessary regulatory approval to proposed rule change between the
address any competitive issue but rather recommence trading.10 For this reason, Commission and any person, other than
would provide the public and investors the Commission hereby waives the 30- those that may be withheld from the
with information about which data day operative delay requirement and public in accordance with the
feeds the Exchange uses for execution designates the proposed rule change as provisions of 5 U.S.C. 552, will be
and routing decisions. operative upon filing.11 available for Web site viewing and
C. Self-Regulatory Organization's At any time within 60 days of the printing in the Commission’s Public
Statement on Comments on the filing of such proposed rule change, the Reference Room, 100 F Street NE.,
Proposed Rule Change Received From Commission summarily may Washington, DC 20549 on official
Members, Participants, or Others temporarily suspend such rule change if business days between the hours of
it appears to the Commission that such 10:00 a.m. and 3:00 p.m. Copies of such
No written comments were solicited filing also will be available for
action is necessary or appropriate in the
or received with respect to the proposed inspection and copying at the principal
public interest, for the protection of
rule change. offices of the Exchange. All comments
investors, or otherwise in furtherance of
III. Date of Effectiveness of the the purposes of the Act. If the received will be posted without change;
Proposed Rule Change and Timing for Commission takes such action, the the Commission does not edit personal
Commission Action Commission shall institute proceedings identifying information from
under Section 19(b)(2)(B) 12 of the Act to submissions. You should submit only
The Exchange has filed the proposed
determine whether the proposed rule information that you wish to make
rule change pursuant to Section
change should be approved or available publicly. All submissions
19(b)(3)(A)(iii) of the Act 8 and Rule
disapproved. should refer to File Number SR–
19b–4(f)(6) thereunder.9 Because the
NYSEARCA–2015–98, and should be
proposed rule change does not: (i) IV. Solicitation of Comments submitted on or before December 1,
Significantly affect the protection of
Interested persons are invited to 2015.
investors or the public interest; (ii)
impose any significant burden on submit written data, views, and For the Commission, by the Division of
competition; and (iii) become operative arguments concerning the foregoing, Trading and Markets, pursuant to delegated
prior to 30 days from the date on which including whether the proposed rule authority.13
it was filed, or such shorter time as the change is consistent with the Act. Brent J. Fields,
Commission may designate, if Comments may be submitted by any of Secretary.
consistent with the protection of the following methods: [FR Doc. 2015–28511 Filed 11–9–15; 8:45 am]
investors and the public interest, the Electronic Comments BILLING CODE 8011–01–P
proposed rule change has become
• Use the Commission’s Internet
effective pursuant to Section 19(b)(3)(A)
comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE
of the Act and Rule 19b–4(f)(6)(iii)
rules/sro.shtml); or COMMISSION
thereunder. • Send an email to rule-comments@
The Exchange has asked the [Release No. 34–76345; File No. SR–
sec.gov. Please include File Number SR–
Commission to waive the 30-day NYSEMKT–2015–84]
NYSEARCA–2015–98 on the subject
operative delay so that the proposal may
line.
become operative immediately upon Self-Regulatory Organizations; NYSE
filing. The Exchange has stated that it is Paper Comments MKT LLC; Notice of Filing and
requesting this waiver because NSX • Send paper comments in triplicate Immediate Effectiveness of Proposed
intends to reactivate its status as an to Brent J. Fields, Secretary, Securities Rule Change Amending NYSE MKT
operating Participant of the SIPs, subject and Exchange Commission, 100 F Street Rule 19—Equities To Specify in
to regulatory approval, and that the NE., Washington, DC 20549–1090. Exchange Rules the Exchange’s Use of
proposed rule change would permit the Data Feeds From National Stock
All submissions should refer to File Exchange, Inc. for Order Handling and
Exchange to immediately provide the
Number SR–NYSEARCA–2015–98. This Execution, Order Routing, and
enhanced transparency in Exchange
file number should be included on the Regulatory Compliance
rules regarding which data feeds the
subject line if email is used. To help the
Exchange would use for NSX. The
Commission process and review your November 4, 2015.
asabaliauskas on DSK5VPTVN1PROD with NOTICES

8 15 U.S.C. 78s(b)(3)(A)(iii).
comments more efficiently, please use Pursuant to Section 19(b)(1) of the
9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Securities Exchange Act of 1934
4(f)(6)(iii) requires a self-regulatory organization to
10 In granting this waiver, the Commission does
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
give the Commission written notice of its intent to not express an opinion on whether or not NSX will notice is hereby given that on October
file the proposed rule change, along with a brief receive regulatory approval to recommence trading.
11 For purposes only of waiving the 30-day
20, 2015, NYSE MKT LLC (the
description and text of the proposed rule change,
at least five business days prior to the date of filing operative delay, the Commission has considered the
13 17 CFR 200.30–3(a)(12).
of the proposed rule change, or such shorter time proposed rule’s impact on efficiency, competition,
as designated by the Commission. The Exchange and capital formation. See 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1).
has satisfied this requirement. 12 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4.

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Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices 69751

order handling and execution, order Commission, and all written I. Self-Regulatory Organization’s
routing, and regulatory compliance communications relating to the Statement of the Terms of Substance of
obligations, if and when NSX receives proposed rule change between the the Proposed Rule Change
the necessary regulatory approval to Commission and any person, other than The Exchange is proposing to amend
recommence trading.10 For this reason, those that may be withheld from the its rules to list and trade options that
the Commission hereby waives the 30- public in accordance with the overlie a reduced value of the FTSE 100
day operative delay requirement and provisions of 5 U.S.C. 552, will be Index.
designates the proposed rule change as available for Web site viewing and The text of the proposed rule change
operative upon filing.11 printing in the Commission’s Public is available on the Exchange’s Web site
At any time within 60 days of the Reference Room, 100 F Street NE., (http://www.cboe.com/AboutCBOE/
filing of such proposed rule change, the Washington, DC 20549 on official CBOELegalRegulatoryHome.aspx), at
Commission summarily may business days between the hours of the Exchange’s Office of the Secretary,
temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of such and at the Commission’s Public
it appears to the Commission that such filing also will be available for Reference Room.
action is necessary or appropriate in the inspection and copying at the principal
public interest, for the protection of offices of the Exchange. All comments II. Self-Regulatory Organization’s
investors, or otherwise in furtherance of received will be posted without change; Statement of the Purpose of, and
the purposes of the Act. If the the Commission does not edit personal Statutory Basis for, the Proposed Rule
Commission takes such action, the identifying information from Change
Commission shall institute proceedings submissions. You should submit only In its filing with the Commission, the
under Section 19(b)(2)(B) 12 of the Act to information that you wish to make Exchange included statements
determine whether the proposed rule available publicly. All submissions concerning the purpose of and basis for
change should be approved or should refer to File Number SR– the proposed rule change and discussed
disapproved. NYSEMKT–2015–84, and should be any comments it received on the
IV. Solicitation of Comments submitted on or before December 1, proposed rule change. The text of these
2015.13 statements may be examined at the
Interested persons are invited to
For the Commission, by the Division of places specified in Item IV below. The
submit written data, views, and
Trading and Markets, pursuant to delegated Exchange has prepared summaries, set
arguments concerning the foregoing, authority. forth in sections A, B, and C below, of
including whether the proposed rule
Brent J. Fields, the most significant aspects of such
change is consistent with the Act.
Secretary. statements.
Comments may be submitted by any of
the following methods: [FR Doc. 2015–28509 Filed 11–9–15; 8:45 am] A. Self-Regulatory Organization's
BILLING CODE 8011–01–P Statement of the Purpose of, and
Electronic Comments
Statutory Basis for, the Proposed Rule
• Use the Commission’s Internet Change
comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE
rules/sro.shtml); or COMMISSION 1. Purpose
• Send an email to rule-comments@ The purpose of this proposed rule
sec.gov. Please include File Number SR– [Release No. 34–76353; File No. SR–CBOE– change is to permit the Exchange to list
NYSEMKT–2015–84 on the subject line. 2015–100] and trade options that overlie the FTSE
Paper Comments 100 Index (‘‘FTSE 100 options’’). FTSE
Self-Regulatory Organizations; 100 options would be A.M., cash-settled
• Send paper comments in triplicate Chicago Board Options Exchange, contracts with European-style exercise.
to Brent J. Fields, Secretary, Securities Incorporated; Notice of Filing of a
and Exchange Commission, 100 F Street Proposed Rule Change To List and FTSE 100 Index Design, Methodology
NE., Washington, DC 20549–1090. Trade Options That Overlie a Reduced and Dissemination
All submissions should refer to File Value of the FTSE 100 Index The FTSE 100 Index is a free float-
Number SR–NYSEMKT–2015–84. This November 4, 2015.
adjusted market capitalization index
file number should be included on the that is designed to measure the
subject line if email is used. To help the Pursuant to Section 19(b)(1) of the performance of the 100 largest
Commission process and review your Securities Exchange Act of 1934 (the companies traded on the London Stock
comments more efficiently, please use ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange and valued in the British
only one method. The Commission will notice is hereby given that on October pound (‘‘GBP’’).3 The Exchange notes
post all comments on the Commission’s 30, 2015, Chicago Board Options that the Commission previously
Internet Web site (http://www.sec.gov/ Exchange, Incorporated (the ‘‘Exchange’’ approved for the Exchange,
rules/sro.shtml). Copies of the or ‘‘CBOE’’) filed with the Securities International Securities Exchange
submission, all subsequent and Exchange Commission (the (‘‘ISE’’), and NYSE Arca, Inc. (‘‘NYSE
amendments, all written statements ‘‘Commission’’) the proposed rule
with respect to the proposed rule change as described in Items I, II, and 3 The FTSE 100 Index is a market-capitalization
asabaliauskas on DSK5VPTVN1PROD with NOTICES

change that are filed with the III below, which Items have been weighted index of UK-listed blue chip companies
prepared by the Exchange. The which is valued on the British pound. The index
is part of the FTSE UK Series and is designed to
10 In granting this waiver, the Commission does Commission is publishing this notice to measure the performance of the 100 largest
not express an opinion on whether or not NSX will solicit comments on the proposed rule companies traded on the London Stock Exchange
receive regulatory approval to recommence trading. change from interested persons. that pass screening for size and liquidity. FTSE 100
11 For purposes only of waiving the 30-day
constituents are all traded on the London Stock
operative delay, the Commission has considered the Exchange’s SETS trading system. See FTSE 100
13 17 CFR 200.30–3(a)(12).
proposed rule’s impact on efficiency, competition, Index fact sheet (dated August 31, 2015) located at:
and capital formation. See 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). http://www.ftse.com/Analytics/FactSheets/Home/
12 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4. DownloadSingleIssue?issueName=UKX.

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Document Created: 2018-03-01 11:26:18
Document Modified: 2018-03-01 11:26:18

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 69749