80_FR_79367 80 FR 79124 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add to the Rules of the Exchange the Ninth Amended and Restated Operating Agreement of New York Stock Exchange LLC

80 FR 79124 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add to the Rules of the Exchange the Ninth Amended and Restated Operating Agreement of New York Stock Exchange LLC

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 243 (December 18, 2015)

Page Range79124-79125
FR Document2015-31787

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79124-79125]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31787]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76637: File No. SR-NYSEMKT-2015-102]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change To Add to the Rules of 
the Exchange the Ninth Amended and Restated Operating Agreement of New 
York Stock Exchange LLC

December 14, 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 December 4, 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.
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    \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).
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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 Ninth 
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 Ninth 
Amended and Restated Operating Agreement of NYSE LLC (the ``Ninth NYSE 
Operating Agreement'').
    In September 2015, the Exchange filed the Eighth Amended and 
Restated Operating Agreement of NYSE LLC (the ``Eighth NYSE Operating 
Agreement'') as a ``rule of the exchange'' under Section 3(a)(27) of 
the Act because NYSE LLC has a wholly-owned subsidiary, NYSE Market 
(DE), Inc., which owns a majority interest in NYSE Amex Options LLC 
(``NYSE Amex Options''), a facility of the Exchange.\6\
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    \6\ See 15 U.S.C. 78c(a)(27); Securities Exchange Act Release 
Nos. 75984 (September 25, 2015), 80 FR 59213, 59214 (October 1, 
2015) (SR-NYSEMKT-2015-71).
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    On June 12, 2015, NYSE LLC filed to, among other things, amend the 
Eighth NYSE Operating Agreement to establish a Regulatory Oversight 
Committee as a committee of its board of directors and to terminate a 
delegation agreement between NYSE LLC, NYSE Market (DE), Inc., and NYSE 
Regulation, Inc. (the ``Delegation Agreement'').\7\ In its filing, NYSE 
LLC represented that the proposed rule changes would be operative 
simultaneously with the termination of the Delegation Agreement, no 
later than June 30, 2016, on a date determined by the board of 
directors of NYSE LLC.\8\ On September 28, 2015, NYSE LLC's rule filing 
amending the Eighth NYSE Operating Agreement to effectuate certain 
changes was approved.\9\
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    \7\ See Securities Exchange Act Release No. 75288 (June 24, 
2015), 80 FR 37316 (June 30, 2015) (SR-NYSE-2015-27) (``Notice'').
    \8\ Id.
    \9\ See Securities Exchange Act Release No. 75991 (September 28, 
2015), 80 FR 59837 (October 2, 2015) (SR-NYSE-2015-27) (``NYSE 
Approval Order'').
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    The Exchange is accordingly filing to remove the obsolete Eighth 
NYSE Operating Agreement as a ``rule of the exchange'' under Section 
3(a)(27) of the Act, and replace it with the Ninth NYSE Operating 
Agreement as a ``rule of the exchange'' under Section 3(a)(27) of the 
Act, once the Ninth NYSE Operating Agreement is operative.\10\ Under 
the NYSE Approval Order, the Ninth NYSE Operating Agreement will be 
operative simultaneously with the termination of the Delegation 
Agreement, no later than June 30, 2016, on a date determined by the 
board of directors of NYSE LLC. The Exchange proposes that the rule 
change be operative on that same date. The Eighth NYSE Operating 
Agreement would remain the operative document until that time.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78c(a)(27).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act \11\ in general, and with Section 6(b)(1) 
\12\ 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 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 removing the obsolete Eighth NYSE LLC Operating 
Agreement and making the Ninth NYSE LLC Operating Agreement a rule of 
the Exchange when it becomes operative for NYSE LLC, the Exchange would 
be ensuring that its rules remain consistent with the NYSE LLC 
operating agreement in effect.
    The Exchange notes that, as with the Eighth NYSE LLC Operating 
Agreement, it would be required to file as a proposed rule change any 
changes to the Ninth NYSE LLC Operating Agreement with the 
Commission.\13\ In addition, the

[[Page 79125]]

Exchange believes that the proposed changes are consistent with and 
will facilitate an ownership structure of the Exchange's facility NYSE 
Amex Options LLC 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.
---------------------------------------------------------------------------

    \13\ 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 \14\ 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 removing the obsolete Eighth NYSE LLC 
Operating Agreement and making the Ninth NYSE LLC Operating Agreement a 
rule of the Exchange when it becomes operative for NYSE LLC will remove 
impediments to the operation of the Exchange by ensuring that its rules 
remain consistent with the NYSE LLC operating agreement in effect. The 
Exchange notes that, as with the Eighth NYSE LLC Operating Agreement, 
no amendment to the Ninth 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.
---------------------------------------------------------------------------

    \14\ 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 the NYSE Amex Options and its direct 
and indirect parent entities.

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 \15\ and Rule 19b-4(f)(6) thereunder.\16\ 
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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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) \17\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-2015-102 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-2015-102. 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-2015-102 and should be submitted on or before 
January 8, 2016.
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    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-31787 Filed 12-17-15; 8:45 am]
BILLING CODE 8011-01-P



                                                  79124                        Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices

                                                    For the Commission, by the Division of                II. Self-Regulatory Organization’s                      The Exchange is accordingly filing to
                                                  Trading and Markets, pursuant to delegated              Statement of the Purpose of, and                      remove the obsolete Eighth NYSE
                                                  authority.25                                            Statutory Basis for, the Proposed Rule                Operating Agreement as a ‘‘rule of the
                                                  Robert W. Errett,                                       Change                                                exchange’’ under Section 3(a)(27) of the
                                                  Deputy Secretary.                                         In its filing with the Commission, the              Act, and replace it with the Ninth NYSE
                                                                                                                                                                Operating Agreement as a ‘‘rule of the
                                                  [FR Doc. 2015–31790 Filed 12–17–15; 8:45 am]            self-regulatory organization included
                                                                                                                                                                exchange’’ under Section 3(a)(27) of the
                                                  BILLING CODE 8011–01–P                                  statements concerning the purpose of,
                                                                                                                                                                Act, once the Ninth NYSE Operating
                                                                                                          and basis for, the proposed rule change
                                                                                                                                                                Agreement is operative.10 Under the
                                                                                                          and discussed any comments it received
                                                                                                                                                                NYSE Approval Order, the Ninth NYSE
                                                  SECURITIES AND EXCHANGE                                 on the proposed rule change. The text
                                                                                                                                                                Operating Agreement will be operative
                                                  COMMISSION                                              of those statements may be examined at
                                                                                                                                                                simultaneously with the termination of
                                                                                                          the places specified in Item IV below.
                                                                                                                                                                the Delegation Agreement, no later than
                                                  [Release No. 34–76637: File No. SR–                     The Exchange has prepared summaries,
                                                                                                                                                                June 30, 2016, on a date determined by
                                                  NYSEMKT–2015–102]                                       set forth in sections A, B, and C below,
                                                                                                                                                                the board of directors of NYSE LLC. The
                                                                                                          of the most significant parts of such                 Exchange proposes that the rule change
                                                  Self-Regulatory Organizations; NYSE                     statements.                                           be operative on that same date. The
                                                  MKT LLC; Notice of Filing and                           A. Self-Regulatory Organization’s                     Eighth NYSE Operating Agreement
                                                  Immediate Effectiveness of Proposed                     Statement of the Purpose of, and the                  would remain the operative document
                                                  Rule Change To Add to the Rules of                      Statutory Basis for, the Proposed Rule                until that time.
                                                  the Exchange the Ninth Amended and                      Change                                                2. Statutory Basis
                                                  Restated Operating Agreement of New
                                                  York Stock Exchange LLC                                 1. Purpose                                               The Exchange believes that the
                                                                                                             The Exchange proposes to add to the                proposed rule change is consistent with
                                                  December 14, 2015.                                      rules of the Exchange the Ninth                       Section 6(b) of the Act 11 in general, and
                                                     Pursuant to Section 19(b)(1) 1 of the                Amended and Restated Operating                        with Section 6(b)(1) 12 in particular, in
                                                  Securities Exchange Act of 1934 (the                    Agreement of NYSE LLC (the ‘‘Ninth                    that it enables the Exchange to be so
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  NYSE Operating Agreement’’).                          organized as to have the capacity to be
                                                  notice is hereby given that on December                    In September 2015, the Exchange filed              able to carry out the purposes of the Act
                                                  4, 2015, NYSE MKT LLC (the                              the Eighth Amended and Restated                       and to comply, and to enforce
                                                                                                          Operating Agreement of NYSE LLC (the                  compliance by its exchange members
                                                  ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with
                                                                                                          ‘‘Eighth NYSE Operating Agreement’’)                  and persons associated with its
                                                  the Securities and Exchange
                                                                                                          as a ‘‘rule of the exchange’’ under                   exchange members, with the provisions
                                                  Commission (the ‘‘Commission’’) the                                                                           of the Act, the rules and regulations
                                                  proposed rule change as described in                    Section 3(a)(27) of the Act because
                                                                                                          NYSE LLC has a wholly-owned                           thereunder, and the rules of the
                                                  Items I and II below, which Items have                                                                        Exchange.
                                                                                                          subsidiary, NYSE Market (DE), Inc.,
                                                  been prepared by the self-regulatory                                                                             The Exchange believes that the
                                                                                                          which owns a majority interest in NYSE
                                                  organization. The Exchange has                                                                                proposed rule change would contribute
                                                                                                          Amex Options LLC (‘‘NYSE Amex
                                                  designated this proposal as a ‘‘non-                    Options’’), a facility of the Exchange.6              to the orderly operation of the Exchange
                                                  controversial’’ proposed rule change                       On June 12, 2015, NYSE LLC filed to,               and would enable the Exchange to be so
                                                  pursuant to Section 19(b)(3)(A) of the                  among other things, amend the Eighth                  organized as to have the capacity to
                                                  Act 4 and Rule 19b–4(f)(6)(iii)                         NYSE Operating Agreement to establish                 carry out the purposes of the Act and
                                                  thereunder,5 which renders it effective                 a Regulatory Oversight Committee as a                 comply and enforce compliance by its
                                                  upon filing with the Commission. The                    committee of its board of directors and               members and persons associated with
                                                  Commission is publishing this notice to                 to terminate a delegation agreement                   its members, with the provisions of the
                                                  solicit comments on the proposed rule                   between NYSE LLC, NYSE Market (DE),                   Act because, by removing the obsolete
                                                  change from interested persons.                         Inc., and NYSE Regulation, Inc. (the                  Eighth NYSE LLC Operating Agreement
                                                                                                          ‘‘Delegation Agreement’’).7 In its filing,            and making the Ninth NYSE LLC
                                                  I. Self-Regulatory Organization’s                                                                             Operating Agreement a rule of the
                                                                                                          NYSE LLC represented that the
                                                  Statement of the Terms of Substance of                                                                        Exchange when it becomes operative for
                                                                                                          proposed rule changes would be
                                                  the Proposed Rule Change                                operative simultaneously with the                     NYSE LLC, the Exchange would be
                                                                                                          termination of the Delegation                         ensuring that its rules remain consistent
                                                     The Exchange proposes to add to the
                                                                                                          Agreement, no later than June 30, 2016,               with the NYSE LLC operating agreement
                                                  rules of the Exchange the Ninth                                                                               in effect.
                                                  Amended and Restated Operating                          on a date determined by the board of
                                                                                                          directors of NYSE LLC.8 On September                     The Exchange notes that, as with the
                                                  Agreement of New York Stock Exchange                                                                          Eighth NYSE LLC Operating Agreement,
                                                  LLC (‘‘NYSE LLC’’). The text of the                     28, 2015, NYSE LLC’s rule filing
                                                                                                          amending the Eighth NYSE Operating                    it would be required to file as a
                                                  proposed rule change is available on the                                                                      proposed rule change any changes to the
                                                                                                          Agreement to effectuate certain changes
                                                  Exchange’s Web site at www.nyse.com,                                                                          Ninth NYSE LLC Operating Agreement
                                                                                                          was approved.9
                                                  at the principal office of the Exchange,                                                                      with the Commission.13 In addition, the
                                                  and at the Commission’s Public                             6 See 15 U.S.C. 78c(a)(27); Securities Exchange
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                                                  Reference Room.                                         Act Release Nos. 75984 (September 25, 2015), 80 FR    2015) (SR–NYSE–2015–27) (‘‘NYSE Approval
                                                                                                          59213, 59214 (October 1, 2015) (SR–NYSEMKT–           Order’’).
                                                    25 17
                                                                                                          2015–71).                                               10 15 U.S.C. 78c(a)(27).
                                                          CFR 200.30–3(a)(12).                               7 See Securities Exchange Act Release No. 75288      11 15 U.S.C. 78f(b).
                                                    1 15 U.S.C. 78s(b)(1).                                (June 24, 2015), 80 FR 37316 (June 30, 2015) (SR–       12 15 U.S.C. 78f(b)(1).
                                                    2 15 U.S.C. 78a.
                                                                                                          NYSE–2015–27) (‘‘Notice’’).                             13 The Exchange notes that any amendment to the
                                                    3 17 CFR 240.19b–4.                                      8 Id.
                                                                                                                                                                NYSE LLC Operating Agreement would also require
                                                    4 15 U.S.C. 78s(b)(3)(A).                                9 See Securities Exchange Act Release No. 75991    that NYSE LLC file a proposed rule change with the
                                                    5 17 CFR 240.19b–4(f)(6)(iii).                        (September 28, 2015), 80 FR 59837 (October 2,         Commission.



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                                                                                 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices                                                 79125

                                                  Exchange believes that the proposed                        C. Self-Regulatory Organization’s                      Paper Comments
                                                  changes are consistent with and will                       Statement on Comments on the
                                                  facilitate an ownership structure of the                   Proposed Rule Change Received From                       • Send paper comments in triplicate
                                                  Exchange’s facility NYSE Amex Options                      Members, Participants, or Others                       to Brent J. Fields, Secretary, Securities
                                                  LLC that will provide the Commission                                                                              and Exchange Commission, 100 F Street
                                                  with appropriate oversight tools to                          No written comments were solicited                   NE., Washington, DC 20549–1090.
                                                                                                             or received with respect to the proposed
                                                  ensure that the Commission will have                                                                              All submissions should refer to File
                                                                                                             rule change.
                                                  the ability to enforce the Act with                                                                               Number SR–NYSEMKT–2015–102. This
                                                  respect to NYSE Amex Options and its                       III. Date of Effectiveness of the                      file number should be included on the
                                                  direct and indirect parent entities.                       Proposed Rule Change and Timing for                    subject line if email is used. To help the
                                                     The Exchange also believes that this                    Commission Action                                      Commission process and review your
                                                  filing furthers the objectives of Section                                                                         comments more efficiently, please use
                                                                                                                The Exchange has filed the proposed
                                                  6(b)(5) of the Act 14 because the                                                                                 only one method. The Commission will
                                                                                                             rule change pursuant to Section
                                                  proposed rule change would be                              19(b)(3)(A)(iii) of the Act 15 and Rule                post all comments on the Commission’s
                                                  consistent with and facilitate a                           19b–4(f)(6) thereunder.16 Because the                  Internet Web site (http://www.sec.gov/
                                                  governance and regulatory structure that                   proposed rule change does not: (i)                     rules/sro.shtml). Copies of the
                                                  is designed to prevent fraudulent and                      Significantly affect the protection of                 submission, all subsequent
                                                  manipulative acts and practices, to                        investors or the public interest; (ii)                 amendments, all written statements
                                                  promote just and equitable principles of                   impose any significant burden on                       with respect to the proposed rule
                                                  trade, to foster cooperation and                           competition; and (iii) become operative                change that are filed with the
                                                  coordination with persons engaged in                       prior to 30 days from the date on which                Commission, and all written
                                                  regulating, clearing, settling, processing                 it was filed, or such shorter time as the              communications relating to the
                                                  information with respect to, and                           Commission may designate, if                           proposed rule change between the
                                                  facilitating transactions in securities, to                consistent with the protection of                      Commission and any person, other than
                                                  remove impediments to, and perfect the                     investors and the public interest, the                 those that may be withheld from the
                                                  mechanism of a free and open market                        proposed rule change has become                        public in accordance with the
                                                  and a national market system and, in                       effective pursuant to Section 19(b)(3)(A)              provisions of 5 U.S.C. 552, will be
                                                  general, to protect investors and the                      of the Act and Rule 19b–4(f)(6)(iii)                   available for Web site viewing and
                                                  public interest. The Exchange believes                     thereunder.                                            printing in the Commission’s Public
                                                  that removing the obsolete Eighth NYSE                        At any time within 60 days of the                   Reference Room, 100 F Street NE.,
                                                  LLC Operating Agreement and making                         filing of such proposed rule change, the               Washington, DC 20549–1090, on official
                                                  the Ninth NYSE LLC Operating                               Commission summarily may                               business days between the hours of
                                                  Agreement a rule of the Exchange when                      temporarily suspend such rule change if                10:00 a.m. and 3:00 p.m. Copies of the
                                                  it becomes operative for NYSE LLC will                     it appears to the Commission that such                 filing will also be available for
                                                  remove impediments to the operation of                     action is necessary or appropriate in the              inspection and copying at the NYSE’s
                                                  the Exchange by ensuring that its rules                    public interest, for the protection of                 principal office and on its Internet Web
                                                  remain consistent with the NYSE LLC                        investors, or otherwise in furtherance of              site at www.nyse.com. All comments
                                                  operating agreement in effect. The                         the purposes of the Act. If the                        received will be posted without change;
                                                  Exchange notes that, as with the Eighth                    Commission takes such action, the                      the Commission does not edit personal
                                                                                                             Commission shall institute proceedings                 identifying information from
                                                  NYSE LLC Operating Agreement, no
                                                                                                             under Section 19(b)(2)(B) 17 of the Act to             submissions. You should submit only
                                                  amendment to the Ninth NYSE LLC
                                                                                                             determine whether the proposed rule                    information that you wish to make
                                                  Operating Agreement could be made                          change should be approved or
                                                  without the Exchange filing a proposed                                                                            available publicly. All submissions
                                                                                                             disapproved.
                                                  rule change with the Commission. For                                                                              should refer to File Number SR–
                                                  the same reasons, the proposed rule                        IV. Solicitation of Comments                           NYSEMKT–2015–102 and should be
                                                  change is also designed to protect                                                                                submitted on or before January 8, 2016.
                                                                                                               Interested persons are invited to
                                                  investors as well as the public interest.                                                                           For the Commission, by the Division of
                                                                                                             submit written data, views, and
                                                                                                             arguments concerning the foregoing,                    Trading and Markets, pursuant to delegated
                                                  B. Self-Regulatory Organization’s
                                                                                                                                                                    authority.18
                                                  Statement on Burden on Competition                         including whether the proposed rule
                                                                                                             change is consistent with the Act.                     Robert W. Errett,
                                                    The Exchange does not believe that                       Comments may be submitted by any of                    Deputy Secretary.
                                                  the proposed rule change would impose                      the following methods:                                 [FR Doc. 2015–31787 Filed 12–17–15; 8:45 am]
                                                  any burden on competition that is not                                                                             BILLING CODE 8011–01–P
                                                  necessary or appropriate in furtherance                    Electronic Comments
                                                  of the purposes of the Act. The                               • Use the Commission’s Internet
                                                  proposed rule change is not intended to                    comment form (http://www.sec.gov/
                                                  address competitive issues but rather is                   rules/sro.shtml); or
                                                  concerned solely with ensuring that the
                                                                                                                • Send an email to rule-comments@
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Commission will have the ability to
                                                                                                             sec.gov. Please include File Number SR–
                                                  enforce the Act with respect to the
                                                                                                             NYSEMKT–2015–102 on the subject
                                                  NYSE Amex Options and its direct and                       line.
                                                  indirect parent entities.
                                                                                                               15 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                               16 17 CFR 240.19b–4(f)(6).
                                                    14 15   U.S.C. 78f(b)(5).                                  17 15 U.S.C. 78s(b)(2)(B).                             18 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-18 01:38:42
Document Modified: 2015-12-18 01:38:42
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 79124 

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