80_FR_79609 80 FR 79365 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 13 To Eliminate Good til Cancelled (“GTC”) Orders and Stop Orders, and Make Conforming Changes to Rules 49, 61, 70, 104, 109, 115A, 116, 118, 123, 123A, 123C, 123D, 1000, 1004 and 6140

80 FR 79365 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 13 To Eliminate Good til Cancelled (“GTC”) Orders and Stop Orders, and Make Conforming Changes to Rules 49, 61, 70, 104, 109, 115A, 116, 118, 123, 123A, 123C, 123D, 1000, 1004 and 6140

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 244 (December 21, 2015)

Page Range79365-79368
FR Document2015-31920

Federal Register, Volume 80 Issue 244 (Monday, December 21, 2015)
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79365-79368]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31920]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76649; File No. SR-NYSE-2015-60]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Rule 13 To Eliminate Good til Cancelled (``GTC'') Orders and Stop 
Orders, and Make Conforming Changes to Rules 49, 61, 70, 104, 109, 
115A, 116, 118, 123, 123A, 123C, 123D, 1000, 1004 and 6140

December 15, 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, New York Stock Exchange LLC (``NYSE'' 
or the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 (1) amend Rule 13 to eliminate Good til 
Cancelled (``GTC'') Orders and Stop Orders, and (2) make conforming 
changes to Rules 49, 61, 70, 104, 109, 115A, 116, 118, 123, 123A, 123C, 
123D, 1000, 1004 and 6140. 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 Rule 13 to eliminate GTC Orders 
(which are also defined as ``Open'' Orders) and Stop Orders, and make 
conforming changes to Rules 49, 61, 70, 104, 109, 115A, 116, 118, 123, 
123A, 123C, 123D, 1000, 1004, and 6140. The Exchange proposes to 
eliminate these order types in order to streamline its rules and reduce 
complexity among its order type offerings.\4\
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    \4\ See, e.g., Mary Jo White, Chair, Securities and Exchange 
Commission, Speech at the Sandler O'Neill & Partners, L.P. Global 
Exchange and Brokerage Conference (June 5, 2014) (available at 
www.sec.gov/News/Speech/Detail/Speech/1370542004312#.U5HI-fmwJiw).

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[[Page 79366]]

    Because of the technology changes associated with the proposed rule 
change, the Exchange proposes to announce the implementation date of 
the elimination of the order types via Trader Update.
Elimination of GTC Orders and Stop Orders (Rule 13)
    The Exchange proposes to eliminate, and thus delete from its rules, 
the GTC Order defined in Rule 13(b)(2). A GTC Order is a limit order 
that remains in effect until it is either executed or cancelled.\5\ To 
reflect this elimination, the Exchange proposes to delete all 
references to GTC or Open Orders and any related modifiers in Rule 13 
as follows:
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    \5\ GTC orders are not eligible to be executed in any Off-Hours 
Trading Facility and may not be transmitted to Floor broker hand-
held devices or Floor broker systems. See Rule 13(b)(2).
---------------------------------------------------------------------------

     Delete Rule 13(b)(2), which defines the GTC Order;
     delete Rule 13(d)(1)(B)(iv), which provides that interest 
designated as GTC may not be designated as a Mid-Point Passive 
Liquidity (``MPL'') Order; \6\
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    \6\ A MPL Order is an undisplayed limit order that automatically 
executes at the mid-point of the protected best bid or offer. See 
Rule 13(d)(1)(A). The Exchange also proposes to re-number Rule 
13(d)(1)(B)(v) & (vi) to reflect the deletion of subsection (iv).
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     delete Rules 13(f)(1) and (2), which describes the Do Not 
Reduce (``DNR'') and Do Not Increase (``DNI'') modifiers, which are 
modifiers that are used only in connection with GTC Orders. In addition 
to being used for GTC Orders, these modifiers are also used for Stop 
Orders, which the Exchange is also proposing to eliminate; \7\ and
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    \7\ In connection with the deletion of Rule 13(f)(1) & (2), the 
Exchange proposes to renumber the Rule as follows: Rule 13(f)(3) 
(Pegging Interest) would become Rule 13(f)(1); Rule 13(f)(4) (Retail 
Modifier) would become Rule 13(f)(2); Rule 13(f)(5) (Self-Trade 
Prevention Modifier) would become Rule 13(f)(3); and Rule 13(f)(6) 
(Sell ``Plus''--Buy ``Minus'' Instruction) would become Rule 
13(f)(4). As discussed below, the Exchange proposes to delete Rule 
13(f)(7) which defines Stop Orders.
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     amend Rule 13(f)(5)(B), which provides that the Exchange 
shall reject GTC Orders with an Self-Trade Prevention (``STP'') 
Modifier.
    Second, the Exchange proposes to eliminate Stop Orders. A Stop 
Order is an order to buy or sell a stock at the market once the price 
of the stock reaches a specified price known as the ``stop price.'' 
Specifically, a Stop Order to buy becomes a market order when a 
transaction in the security occurs at or above the stop price after the 
order is received into Exchange systems or is manually represented by a 
Floor broker. A Stop Order to sell becomes a market order when a 
transaction in the security occurs at or below the stop price after the 
order is received into Exchange systems or manually represented by a 
Floor broker.\8\ To effectuate this elimination, the Exchange proposes 
to amend Rule 13 as follows:
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    \8\ See Rule 13(a)(7)(A) & (B). [sic] Elected Stop Orders also 
become Market Orders and are eligible for automatic execution in 
accordance with Rules 116.40, 123C and 1000-1004. Stop Orders that 
would be elected by the price of the opening transaction on the 
Exchange are included in the opening transaction as Market Orders. 
See id. at (C). Odd-lot size transactions are not considered 
transactions eligible to elect Stop Orders on the Exchange. See id. 
at (D).
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     Delete Rule 13(e)(7) [sic], which defines a Stop Order;
     delete Rule 13(f)(1) and (2), which describes the DNR and 
DNI modifiers as noted above;
     amend Rule 13(f)(5), which provides that the STP modifier 
is available for Stop Orders; and
     delete Supplementary Material .30, which governs the 
election of Stop Orders for certain enumerated securities.\9\
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    \9\ The securities identified in Supplementary Material .30 are: 
Investment Company Units (as defined in section 703.16 of the 
Exchange's Listed Company Manual); Trust Issued Receipts (as defined 
in Rule 1200); streetTRACKS[supreg] Gold Shares (as defined in Rule 
1300 et seq.); Currency Trust Shares (as defined in Rule 1300A et 
seq.); Commodity Trust Shares (as defined in Rule 1300B et seq.); 
and any security governed by Rule series 1100, 1200, 1300, 1300A or 
1300B.
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Conforming Amendments
    The Exchange proposes certain conforming amendments to Rules 49, 
61, 70, 104, 109, 115A, 116, 118, 123, 123A, 123C, 123D, 1000, 1004, 
and 6140 to reflect the elimination of GTC Orders and Stop Orders as 
described above as follows:
     The Exchange proposes to amend Rule 49 (Emergency Powers), 
which addresses the Exchange's emergency powers, to delete subsection 
(b)(1)(B), which permits the Exchange to accept cancellations of GTC 
orders during an emergency condition.
     The Exchange proposes to amend Rule 61 (Recognized 
Quotations), which governs bids and offers in securities. Under Rule 
61(a)(ii), transactions in part of a round lot are published to the 
Consolidated Tape and may elect Stop Orders. The Exchange proposes to 
eliminate the reference to electing Stop Orders.
     The Exchange proposes to amend Rule 70 (Execution of Floor 
Broker Interest), governing execution of Floor broker interest known as 
e-Quotes. Under Rule 70(a)(1), e-Quotes cannot include, among others, 
unelected Stop Orders or a GTC, DNR and DNI modifier. The Exchange 
proposes to delete these references.
     The Exchange proposes to amend 104 (Dealings and 
Responsibilities of DMMs), which prohibits DMM units from entering, 
among others, GTC Modifiers, DNR Modifiers, DNI Modifiers, and Stop 
Orders. The Exchange proposes to delete these references to GTC, DNR 
and DNI modifiers and Stop Orders in subsection (b)(vi).
     Rule 109 (Limitation on ``Stopping'' Stock) was rescinded 
in 1983. The Exchange proposes to delete the heading and replace it 
with ``Reserved.'' The Exchange also proposes to delete ``See Rule 
112.10 for ``Interpretations and Instructions'' as no longer necessary.
     The Exchange proposes to amend Rule 115A (``Orders at 
Opening''), which governs orders at the opening, to remove subsection 
(a), which prohibits DMMs, trading assistants and anyone acting on 
their behalf from using the Exchange Display Book system in a manner 
designed to discover inappropriately information about unelected stop 
orders when arranging the open or to otherwise attempt to obtain 
information regarding unelected stop orders and to renumber the rule 
accordingly.
     The Exchange proposes to delete Supplementary Material 
.40(A) and .50 of Rule 116 (`` `Stop' Constitutes Guarantee''), which 
provides that an agreement by a member to ``stop'' stock at a specified 
price constitutes a guarantee of a purchase or sale by the member of 
the security at that price. Supplementary Material .40(A) provides that 
Stop Orders elected based on the closing price are automatically and 
systemically converted to market orders and included in the total 
number of market-at-the-close orders executed at the close. 
Supplementary Material .50, similar to Rule 104(b)(vi), prohibits DMMs, 
trading assistants and anyone acting on their behalf from using the 
Display Book system in a manner designed to discover inappropriately 
information about unelected stop orders when arranging the close or to 
otherwise attempt to obtain information regarding unelected stop 
orders.
     The Exchange proposes to delete Rule 118 (Orders To Be 
Reduced and Increased on Ex-Date), which governs the adjustment of GTC 
buy orders \10\ and open Stop Orders, i.e., GTC Stop Orders, to sell 
when a security is quoted ex-

[[Page 79367]]

dividend, ex-distribution, ex-rights or ex-interest.
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    \10\ Rule 118 uses the term ``Open buying orders.'' An Open 
Order is another term for a GTC Order. See Rule 13(a)(2). Since Rule 
118 applies only to GTC Orders and Stop Orders, the Exchange 
proposes to delete the rule in its entirety.
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     The Exchange proposes to amend Rule 123 (Record of 
Orders), which imposes certain recordkeeping and order entry 
requirements, to eliminate the reference to Stop Orders in subsection 
(e)(iii)(7) and stop price in paragraph (e)(iii)(8) of Rule 123. The 
Exchange also proposes to delete outdated references to auction market 
and auction limit orders in Rule 123(e)(iii)(7), which the Exchange 
either eliminated or did not implement.\11\
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    \11\ See Securities Exchange Act Release No. 67686 (August 17, 
2012), 77 FR 51596 (August 24, 2012) (SR-NYSE-2012-19) (deleting the 
auction market order). Auction limit orders do not appear to have 
been implemented.
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     The Exchange proposes to amend Supplementary Material .20 
of Rule 123A (Miscellaneous Requirements), which governs changes in day 
orders, to remove the final clause of the first paragraph requiring 
members to request that customers and correspondents file GTC Orders 
wherever possible rather than repeating the same order each morning. 
The Exchange also proposes to delete the second paragraph of 
Supplementary Material .20 in its entirety, which provides that a Day 
Order changed to an Open Order is considered a new order and must be 
added to the Exchange's Book after other orders previously received at 
the same price. As noted above, an Open Order is another term for a GTC 
Order.\12\ Finally, the Exchange proposes to rename Supplementary 
Material .20 ``Day Orders'' by deleting the preceding words ``Changes 
In''.
---------------------------------------------------------------------------

    \12\ See note 10, supra.
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     The Exchange proposes to amend Rule 123C (The Closing 
Procedures), which specifies the procedures to be followed at the close 
of trading on the Exchange, to delete references to Stop Orders in 
paragraphs 6(a)(i)(C) and 6(a)(i)(D)(ii) of Rule 123C. The Exchange 
also proposes to delete paragraph 8(a)(iv) of Rule 123C, which 
describes election of Stop Orders as part of the Closing Print.
     The Exchange proposes to amend Rule 123D (Openings and 
Halts in Trading), which specifies that Exchange systems may open one 
or more securities electronically if a DMM cannot facilitate the 
opening of trading as required by Exchange rules. First, the Exchange 
proposes to replace the references to Rule 115A(b) with references to 
Rule 115A(a). Second, the Exchange proposes to delete subsection 
(a)(3)(C)(ii), which provides that Stop Orders elected based on the 
opening price would trade second in time priority when interest that is 
otherwise guaranteed to participate in an opening trade would cause an 
opening price to be outside the Opening Price Range (as defined 
therein). Third, to reflect the deletion of subsection (a)(3)(C)(ii) 
and the removal of Stop Orders from second in time priority, the 
Exchange proposes to re-number subsections (a)(3)(C)(iii) through (v) 
and re-order priority for Limit Orders (current subsection 
(a)(3)(C)(iii)) from third to second, for G-quotes (current subsection 
(a)(3)(C)(iv)) from fourth to third, and for all other limit interest 
priced equal to the open (current subsection (a)(3)(v)) from fifth to 
fourth.
     The Exchange proposes to amend Rule 1000 (Automatic 
Executions), which provides for automatic executions by Exchange 
systems. Rule 1000(c) provides that incoming market orders, including 
an elected stop order, or marketable limit order to buy (sell) will not 
execute or route to another market center at a price above (below) the 
Trading Collar applicable when automatic executions are in effect and 
calculated pursuant to Rule 1000(c)(i). The Exchange proposes to delete 
the reference to elected stop order in paragraph (c) of Rule 1000.
     The Exchange proposes to amend Rule 1004 (Election of Buy 
Minus, Sell Plus and Stop Orders), which provides that automatic 
executions of transactions reported to the Consolidated Tape shall 
elect, among others, stop orders electable at the price of such 
executions and that any stop order so elected shall be automatically 
executed as market orders pursuant to Exchange rules. The Exchange 
proposes to delete the references to Stop Orders, including in the 
heading.
    Finally, the Exchange proposes to amend Rule 6140 (Other Trading 
Practices), which governs a number of prohibited trading practices. 
First, the Exchange proposes to delete Rule 6140(h)(1), which provides 
that a member or member organization may, but is not obligated to, 
accept a stop order in designated securities, and defines buy stop 
orders (Rule 6140(h)(1)(A)) and sell stop orders (Rule 6140(h)(1)(B)). 
Second, the Exchange proposes to delete Rule 6140(h)(2), which provides 
that a member or member organization may, but is not obligated to, 
accept stop limit orders in designated securities and that when a 
transaction occurs at a stop price, the stop limit order to buy or sell 
becomes a limit order at the limit price. Current subsection (i) of 
Rule 6140 would become new subsection (h).
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) \13\ of 
the Act, in general, and furthers the objectives of section 
6(b)(5),\14\ in particular, in that it is designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in facilitating transactions in securities, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that eliminating GTC Orders and 
Stop Orders removes impediments to and perfects a national market 
system by simplifying functionality and complexity of its order types. 
The Exchange believes that eliminating these order types would not be 
inconsistent with the public interest and the protection of investors 
because investors will not be harmed and in fact would benefit from the 
removal of complex functionality. Because Stop Orders, when elected, 
can exacerbate market volatility and result in executions in declining 
markets at prices significantly different than the quoted price, the 
Exchange believes that eliminating them would reduce the potential for 
orders on the Exchange to cause significant price dislocation. The 
Exchange also believes that eliminating GTC Orders would benefit 
investors because it shifts the responsibility to monitor best 
execution obligations on behalf of a customer to the member 
organization entering the order, rather than leaving a GTC order at the 
Exchange until it gets executed.
    The Exchange further believes that deleting corresponding 
references in Exchange rules to deleted order types also removes 
impediments to and perfects the mechanism of a free and open market by 
ensuring that members, regulators and the public can more easily 
navigate the Exchange's rulebook and better understand the orders types 
available for trading on the Exchange. Removing obsolete cross 
references also furthers the goal of transparency and adds clarity to 
the Exchange's rules.

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

[[Page 79368]]

would rather remove complex functionality and obsolete cross-
references, thereby reducing confusion and making the Exchange's rules 
easier to understand and navigate.

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

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

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

    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). 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\18\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    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) \19\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \19\ 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 [email protected]. Please include 
File Number SR-NYSE-2015-60 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2015-60. 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 the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSE-2015-60, and should be 
submitted on or before January 11, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-31920 Filed 12-18-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices                                                        79365

                                                  Section 2(a)(48) of the Investment                      Paperwork Reduction Act and are not                     ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  Company Act in: (1) A transaction of the                derived from a comprehensive or even                    notice is hereby given that on December
                                                  type specified in rule 145(a) under the                 representative survey or study of the                   4, 2015, New York Stock Exchange LLC
                                                  Securities Act (17 CFR 230.145(a)); (2) a               costs of Commission rules and forms.                    (‘‘NYSE’’ or the ‘‘Exchange’’) filed with
                                                  merger in which a vote or consent of the                The collection of information under                     the Securities and Exchange
                                                  security holders of the company being                   Form N–14 is mandatory. The                             Commission (the ‘‘Commission’’) the
                                                  acquired is not required pursuant to                    information provided under Form N–14                    proposed rule change as described in
                                                  applicable state law; (3) an exchange                   will not be kept confidential. An agency                Items I and II below, which Items have
                                                  offer for securities of the issuer or                   may not conduct or sponsor, and a                       been prepared by the self-regulatory
                                                  another person; (4) a public reoffering or              person is not required to respond to, a                 organization. The Commission is
                                                  resale of any securities acquired in an                 collection of information unless it                     publishing this notice to solicit
                                                  offering registered on Form N–14; or (5)                displays a currently valid OMB control                  comments on the proposed rule change
                                                  two or more of the transactions listed in               number.                                                 from interested persons.
                                                  (1) through (4) registered on one                         Written comments are invited on: (a)
                                                  registration statement. The principal                                                                           I. Self-Regulatory Organization’s
                                                                                                          Whether the proposed collection of
                                                  purpose of Form N–14 is to make                                                                                 Statement of the Terms of Substance of
                                                                                                          information is necessary for the proper
                                                  material information regarding                                                                                  the Proposed Rule Change
                                                                                                          performance of the functions of the
                                                  securities to be issued in connection                   agency, including whether the                              The Exchange proposes to (1) amend
                                                  with business combination transactions                  information will have practical utility;                Rule 13 to eliminate Good til Cancelled
                                                  available to investors. The information                 (b) the accuracy of the Commission’s                    (‘‘GTC’’) Orders and Stop Orders, and
                                                  required to be filed with the                           estimate of the burden of the collection                (2) make conforming changes to Rules
                                                  Commission permits verification of                      of information; (c) ways to enhance the                 49, 61, 70, 104, 109, 115A, 116, 118,
                                                  compliance with securities law                          quality, utility, and clarity of the                    123, 123A, 123C, 123D, 1000, 1004 and
                                                  requirements and assures the public                     information collected; and (d) ways to                  6140. The text of the proposed rule
                                                  availability and dissemination of such                  minimize the burden of the collection of                change is available on the Exchange’s
                                                  information. Without the registration                   information on respondents, including                   Web site at www.nyse.com, at the
                                                  statement requirement, material                         through the use of automated collection                 principal office of the Exchange, and at
                                                  information may not necessarily be                      techniques or other forms of information                the Commission’s Public Reference
                                                  available to investors.                                 technology. Consideration will be given                 Room.
                                                    We estimate that approximately 124                    to comments and suggestions submitted
                                                  funds each file one new registration                                                                            II. Self-Regulatory Organization’s
                                                                                                          in writing within 60 days of this                       Statement of the Purpose of, and
                                                  statement on Form N–14 annually, and                    publication.
                                                  that 68 funds each file one amendment                                                                           Statutory Basis for, the Proposed Rule
                                                                                                            Please direct your written comments                   Change
                                                  to a registration statement on Form N–                  to Pamela Dyson, Director/Chief
                                                  14 annually. Based on conversations                     Information Officer, Securities and                        In its filing with the Commission, the
                                                  with fund representatives, we estimate                  Exchange Commission, C/O Remi                           self-regulatory organization included
                                                  that the reporting burden is                            Pavlik-Simon, 100 F Street NE.,                         statements concerning the purpose of,
                                                  approximately 620 hours per                             Washington, DC 20549; or send an email                  and basis for, the proposed rule change
                                                  respondent for a new Form N–14                          to: PRA_Mailbox@sec.gov.                                and discussed any comments it received
                                                  registration statement and 300 hours per                                                                        on the proposed rule change. The text
                                                  respondent for amending the Form N–                       Dated: December 15, 2015.                             of those statements may be examined at
                                                  14 registration statement. This time is                 Robert W. Errett,                                       the places specified in Item IV below.
                                                  spent, for example, preparing and                       Deputy Secretary.                                       The Exchange has prepared summaries,
                                                  reviewing the registration statements.                  [FR Doc. 2015–31930 Filed 12–18–15; 8:45 am]            set forth in sections A, B, and C below,
                                                  Accordingly, we calculate the total                     BILLING CODE 8011–01–P                                  of the most significant parts of such
                                                  estimated annual internal burden of                                                                             statements.
                                                  responding to Form N–14 to be
                                                  approximately 97,280 hours. In addition                 SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                  to the burden hours, based on                           COMMISSION                                              Statement of the Purpose of, and the
                                                  conversations with fund representatives,                                                                        Statutory Basis for, the Proposed Rule
                                                  we estimate that the total cost burden of                                                                       Change
                                                                                                          [Release No. 34–76649; File No. SR–NYSE–
                                                  compliance with the information                         2015–60]                                                1. Purpose
                                                  collection requirements of Form N–14 is
                                                                                                                                                                     The Exchange proposes to amend
                                                  approximately $27,500 for preparing                     Self-Regulatory Organizations; New
                                                                                                                                                                  Rule 13 to eliminate GTC Orders (which
                                                  and filing an initial registration                      York Stock Exchange LLC; Notice of
                                                                                                                                                                  are also defined as ‘‘Open’’ Orders) and
                                                  statement on Form N–14 and                              Filing and Immediate Effectiveness of
                                                                                                                                                                  Stop Orders, and make conforming
                                                  approximately $16,000 for preparing                     Proposed Rule Change To Amend Rule
                                                                                                                                                                  changes to Rules 49, 61, 70, 104, 109,
                                                  and filing an amendment to a                            13 To Eliminate Good til Cancelled
                                                                                                                                                                  115A, 116, 118, 123, 123A, 123C, 123D,
                                                  registration statement on Form N–14.                    (‘‘GTC’’) Orders and Stop Orders, and
                                                  This includes, for example, the cost of                                                                         1000, 1004, and 6140. The Exchange
                                                                                                          Make Conforming Changes to Rules
                                                  goods and services purchased to prepare                                                                         proposes to eliminate these order types
                                                                                                          49, 61, 70, 104, 109, 115A, 116, 118,
                                                                                                                                                                  in order to streamline its rules and
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                                                  and update registration statements on                   123, 123A, 123C, 123D, 1000, 1004 and
                                                  Form N–14, such as for the services of                                                                          reduce complexity among its order type
                                                                                                          6140
                                                  outside counsel. Accordingly, we                                                                                offerings.4
                                                  calculate the total estimated annual cost               December 15, 2015.
                                                                                                                                                                    2 15 U.S.C. 78a.
                                                  burden of responding to Form N–14 to                      Pursuant to section 19(b)(1) 1 of the                   3 17 CFR 240.19b–4.
                                                  be approximately $4,498,000.                            Securities Exchange Act of 1934 (the                      4 See, e.g., Mary Jo White, Chair, Securities and
                                                    Estimates of average burden hours are                                                                         Exchange Commission, Speech at the Sandler
                                                  made solely for the purposes of the                       1 15   U.S.C. 78s(b)(1).                                                                          Continued




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                                                  79366                       Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices

                                                    Because of the technology changes                      manually represented by a Floor broker.                 Orders or a GTC, DNR and DNI
                                                  associated with the proposed rule                        A Stop Order to sell becomes a market                   modifier. The Exchange proposes to
                                                  change, the Exchange proposes to                         order when a transaction in the security                delete these references.
                                                  announce the implementation date of                      occurs at or below the stop price after                    • The Exchange proposes to amend
                                                  the elimination of the order types via                   the order is received into Exchange                     104 (Dealings and Responsibilities of
                                                  Trader Update.                                           systems or manually represented by a                    DMMs), which prohibits DMM units
                                                                                                           Floor broker.8 To effectuate this                       from entering, among others, GTC
                                                  Elimination of GTC Orders and Stop                       elimination, the Exchange proposes to                   Modifiers, DNR Modifiers, DNI
                                                  Orders (Rule 13)                                         amend Rule 13 as follows:                               Modifiers, and Stop Orders. The
                                                     The Exchange proposes to eliminate,                      • Delete Rule 13(e)(7) [sic], which                  Exchange proposes to delete these
                                                  and thus delete from its rules, the GTC                  defines a Stop Order;                                   references to GTC, DNR and DNI
                                                  Order defined in Rule 13(b)(2). A GTC                       • delete Rule 13(f)(1) and (2), which                modifiers and Stop Orders in subsection
                                                  Order is a limit order that remains in                   describes the DNR and DNI modifiers as                  (b)(vi).
                                                  effect until it is either executed or                    noted above;                                               • Rule 109 (Limitation on ‘‘Stopping’’
                                                  cancelled.5 To reflect this elimination,                    • amend Rule 13(f)(5), which                         Stock) was rescinded in 1983. The
                                                  the Exchange proposes to delete all                      provides that the STP modifier is                       Exchange proposes to delete the heading
                                                  references to GTC or Open Orders and                     available for Stop Orders; and                          and replace it with ‘‘Reserved.’’ The
                                                  any related modifiers in Rule 13 as                         • delete Supplementary Material .30,                 Exchange also proposes to delete ‘‘See
                                                  follows:                                                 which governs the election of Stop                      Rule 112.10 for ‘‘Interpretations and
                                                     • Delete Rule 13(b)(2), which defines                 Orders for certain enumerated                           Instructions’’ as no longer necessary.
                                                  the GTC Order;                                           securities.9                                               • The Exchange proposes to amend
                                                     • delete Rule 13(d)(1)(B)(iv), which                  Conforming Amendments                                   Rule 115A (‘‘Orders at Opening’’),
                                                  provides that interest designated as GTC                                                                         which governs orders at the opening, to
                                                  may not be designated as a Mid-Point                        The Exchange proposes certain                        remove subsection (a), which prohibits
                                                  Passive Liquidity (‘‘MPL’’) Order; 6                     conforming amendments to Rules 49,                      DMMs, trading assistants and anyone
                                                     • delete Rules 13(f)(1) and (2), which                61, 70, 104, 109, 115A, 116, 118, 123,                  acting on their behalf from using the
                                                  describes the Do Not Reduce (‘‘DNR’’)                    123A, 123C, 123D, 1000, 1004, and 6140                  Exchange Display Book system in a
                                                  and Do Not Increase (‘‘DNI’’) modifiers,                 to reflect the elimination of GTC Orders                manner designed to discover
                                                  which are modifiers that are used only                   and Stop Orders as described above as                   inappropriately information about
                                                  in connection with GTC Orders. In                        follows:                                                unelected stop orders when arranging
                                                                                                              • The Exchange proposes to amend                     the open or to otherwise attempt to
                                                  addition to being used for GTC Orders,
                                                                                                           Rule 49 (Emergency Powers), which                       obtain information regarding unelected
                                                  these modifiers are also used for Stop
                                                                                                           addresses the Exchange’s emergency                      stop orders and to renumber the rule
                                                  Orders, which the Exchange is also
                                                                                                           powers, to delete subsection (b)(1)(B),                 accordingly.
                                                  proposing to eliminate; 7 and
                                                                                                           which permits the Exchange to accept                       • The Exchange proposes to delete
                                                     • amend Rule 13(f)(5)(B), which
                                                                                                           cancellations of GTC orders during an                   Supplementary Material .40(A) and .50
                                                  provides that the Exchange shall reject
                                                                                                           emergency condition.                                    of Rule 116 (‘‘ ‘Stop’ Constitutes
                                                  GTC Orders with an Self-Trade                               • The Exchange proposes to amend
                                                  Prevention (‘‘STP’’) Modifier.                                                                                   Guarantee’’), which provides that an
                                                                                                           Rule 61 (Recognized Quotations), which                  agreement by a member to ‘‘stop’’ stock
                                                     Second, the Exchange proposes to
                                                                                                           governs bids and offers in securities.                  at a specified price constitutes a
                                                  eliminate Stop Orders. A Stop Order is
                                                                                                           Under Rule 61(a)(ii), transactions in part              guarantee of a purchase or sale by the
                                                  an order to buy or sell a stock at the
                                                                                                           of a round lot are published to the                     member of the security at that price.
                                                  market once the price of the stock
                                                                                                           Consolidated Tape and may elect Stop                    Supplementary Material .40(A) provides
                                                  reaches a specified price known as the
                                                                                                           Orders. The Exchange proposes to                        that Stop Orders elected based on the
                                                  ‘‘stop price.’’ Specifically, a Stop Order
                                                                                                           eliminate the reference to electing Stop                closing price are automatically and
                                                  to buy becomes a market order when a
                                                                                                           Orders.                                                 systemically converted to market orders
                                                  transaction in the security occurs at or                    • The Exchange proposes to amend
                                                  above the stop price after the order is                                                                          and included in the total number of
                                                                                                           Rule 70 (Execution of Floor Broker                      market-at-the-close orders executed at
                                                  received into Exchange systems or is                     Interest), governing execution of Floor                 the close. Supplementary Material .50,
                                                                                                           broker interest known as e-Quotes.                      similar to Rule 104(b)(vi), prohibits
                                                  O’Neill & Partners, L.P. Global Exchange and
                                                  Brokerage Conference (June 5, 2014) (available at        Under Rule 70(a)(1), e-Quotes cannot                    DMMs, trading assistants and anyone
                                                  www.sec.gov/News/Speech/Detail/Speech/                   include, among others, unelected Stop                   acting on their behalf from using the
                                                  1370542004312#.U5HI-fmwJiw).                                                                                     Display Book system in a manner
                                                     5 GTC orders are not eligible to be executed in any      8 See Rule 13(a)(7)(A) & (B). [sic] Elected Stop
                                                  Off-Hours Trading Facility and may not be
                                                                                                                                                                   designed to discover inappropriately
                                                                                                           Orders also become Market Orders and are eligible
                                                  transmitted to Floor broker hand-held devices or         for automatic execution in accordance with Rules        information about unelected stop orders
                                                  Floor broker systems. See Rule 13(b)(2).                 116.40, 123C and 1000–1004. Stop Orders that            when arranging the close or to otherwise
                                                     6 A MPL Order is an undisplayed limit order that      would be elected by the price of the opening            attempt to obtain information regarding
                                                  automatically executes at the mid-point of the           transaction on the Exchange are included in the         unelected stop orders.
                                                  protected best bid or offer. See Rule 13(d)(1)(A).
                                                  The Exchange also proposes to re-number Rule
                                                                                                           opening transaction as Market Orders. See id. at (C).
                                                                                                           Odd-lot size transactions are not considered
                                                                                                                                                                      • The Exchange proposes to delete
                                                  13(d)(1)(B)(v) & (vi) to reflect the deletion of         transactions eligible to elect Stop Orders on the       Rule 118 (Orders To Be Reduced and
                                                  subsection (iv).                                         Exchange. See id. at (D).                               Increased on Ex-Date), which governs
                                                     7 In connection with the deletion of Rule 13(f)(1)       9 The securities identified in Supplementary
                                                                                                                                                                   the adjustment of GTC buy orders 10 and
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                                                  & (2), the Exchange proposes to renumber the Rule        Material .30 are: Investment Company Units (as          open Stop Orders, i.e., GTC Stop Orders,
                                                  as follows: Rule 13(f)(3) (Pegging Interest) would       defined in section 703.16 of the Exchange’s Listed
                                                  become Rule 13(f)(1); Rule 13(f)(4) (Retail Modifier)    Company Manual); Trust Issued Receipts (as              to sell when a security is quoted ex-
                                                  would become Rule 13(f)(2); Rule 13(f)(5) (Self-         defined in Rule 1200); streetTRACKS® Gold Shares
                                                  Trade Prevention Modifier) would become Rule             (as defined in Rule 1300 et seq.); Currency Trust         10 Rule 118 uses the term ‘‘Open buying orders.’’

                                                  13(f)(3); and Rule 13(f)(6) (Sell ‘‘Plus’’—Buy           Shares (as defined in Rule 1300A et seq.);              An Open Order is another term for a GTC Order.
                                                  ‘‘Minus’’ Instruction) would become Rule 13(f)(4).       Commodity Trust Shares (as defined in Rule 1300B        See Rule 13(a)(2). Since Rule 118 applies only to
                                                  As discussed below, the Exchange proposes to             et seq.); and any security governed by Rule series      GTC Orders and Stop Orders, the Exchange
                                                  delete Rule 13(f)(7) which defines Stop Orders.          1100, 1200, 1300, 1300A or 1300B.                       proposes to delete the rule in its entirety.



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                                                                             Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices                                           79367

                                                  dividend, ex-distribution, ex-rights or                 guaranteed to participate in an opening               2. Statutory Basis
                                                  ex-interest.                                            trade would cause an opening price to                    The proposed rule change is
                                                     • The Exchange proposes to amend                     be outside the Opening Price Range (as                consistent with section 6(b) 13 of the
                                                  Rule 123 (Record of Orders), which                      defined therein). Third, to reflect the               Act, in general, and furthers the
                                                  imposes certain recordkeeping and                       deletion of subsection (a)(3)(C)(ii) and              objectives of section 6(b)(5),14 in
                                                  order entry requirements, to eliminate                  the removal of Stop Orders from second                particular, in that it is designed to
                                                  the reference to Stop Orders in                         in time priority, the Exchange proposes               prevent fraudulent and manipulative
                                                  subsection (e)(iii)(7) and stop price in                to re-number subsections (a)(3)(C)(iii)               acts and practices, to promote just and
                                                  paragraph (e)(iii)(8) of Rule 123. The                  through (v) and re-order priority for                 equitable principles of trade, to foster
                                                  Exchange also proposes to delete                        Limit Orders (current subsection                      cooperation and coordination with
                                                  outdated references to auction market                   (a)(3)(C)(iii)) from third to second, for G-          persons engaged in facilitating
                                                  and auction limit orders in Rule                        quotes (current subsection (a)(3)(C)(iv))             transactions in securities, and to remove
                                                  123(e)(iii)(7), which the Exchange either               from fourth to third, and for all other               impediments to and perfect the
                                                  eliminated or did not implement.11                                                                            mechanism of a free and open market
                                                                                                          limit interest priced equal to the open
                                                     • The Exchange proposes to amend
                                                                                                          (current subsection (a)(3)(v)) from fifth             and a national market system.
                                                  Supplementary Material .20 of Rule                                                                               Specifically, the Exchange believes
                                                  123A (Miscellaneous Requirements),                      to fourth.
                                                                                                                                                                that eliminating GTC Orders and Stop
                                                  which governs changes in day orders, to                    • The Exchange proposes to amend
                                                                                                                                                                Orders removes impediments to and
                                                  remove the final clause of the first                    Rule 1000 (Automatic Executions),                     perfects a national market system by
                                                  paragraph requiring members to request                  which provides for automatic                          simplifying functionality and
                                                  that customers and correspondents file                  executions by Exchange systems. Rule                  complexity of its order types. The
                                                  GTC Orders wherever possible rather                     1000(c) provides that incoming market                 Exchange believes that eliminating these
                                                  than repeating the same order each                      orders, including an elected stop order,              order types would not be inconsistent
                                                  morning. The Exchange also proposes to                  or marketable limit order to buy (sell)               with the public interest and the
                                                  delete the second paragraph of                          will not execute or route to another                  protection of investors because investors
                                                  Supplementary Material .20 in its                       market center at a price above (below)                will not be harmed and in fact would
                                                  entirety, which provides that a Day                     the Trading Collar applicable when                    benefit from the removal of complex
                                                  Order changed to an Open Order is                       automatic executions are in effect and                functionality. Because Stop Orders,
                                                  considered a new order and must be                      calculated pursuant to Rule 1000(c)(i).               when elected, can exacerbate market
                                                  added to the Exchange’s Book after                      The Exchange proposes to delete the                   volatility and result in executions in
                                                  other orders previously received at the                 reference to elected stop order in                    declining markets at prices significantly
                                                  same price. As noted above, an Open                     paragraph (c) of Rule 1000.                           different than the quoted price, the
                                                  Order is another term for a GTC Order.12                                                                      Exchange believes that eliminating them
                                                  Finally, the Exchange proposes to                          • The Exchange proposes to amend
                                                                                                          Rule 1004 (Election of Buy Minus, Sell                would reduce the potential for orders on
                                                  rename Supplementary Material .20                                                                             the Exchange to cause significant price
                                                  ‘‘Day Orders’’ by deleting the preceding                Plus and Stop Orders), which provides
                                                                                                          that automatic executions of                          dislocation. The Exchange also believes
                                                  words ‘‘Changes In’’.                                                                                         that eliminating GTC Orders would
                                                     • The Exchange proposes to amend                     transactions reported to the
                                                                                                          Consolidated Tape shall elect, among                  benefit investors because it shifts the
                                                  Rule 123C (The Closing Procedures),
                                                                                                          others, stop orders electable at the price            responsibility to monitor best execution
                                                  which specifies the procedures to be
                                                                                                                                                                obligations on behalf of a customer to
                                                  followed at the close of trading on the                 of such executions and that any stop
                                                                                                                                                                the member organization entering the
                                                  Exchange, to delete references to Stop                  order so elected shall be automatically
                                                                                                                                                                order, rather than leaving a GTC order
                                                  Orders in paragraphs 6(a)(i)(C) and                     executed as market orders pursuant to
                                                                                                                                                                at the Exchange until it gets executed.
                                                  6(a)(i)(D)(ii) of Rule 123C. The Exchange               Exchange rules. The Exchange proposes                    The Exchange further believes that
                                                  also proposes to delete paragraph                       to delete the references to Stop Orders,              deleting corresponding references in
                                                  8(a)(iv) of Rule 123C, which describes                  including in the heading.                             Exchange rules to deleted order types
                                                  election of Stop Orders as part of the                     Finally, the Exchange proposes to                  also removes impediments to and
                                                  Closing Print.                                                                                                perfects the mechanism of a free and
                                                                                                          amend Rule 6140 (Other Trading
                                                     • The Exchange proposes to amend
                                                                                                          Practices), which governs a number of                 open market by ensuring that members,
                                                  Rule 123D (Openings and Halts in
                                                                                                          prohibited trading practices. First, the              regulators and the public can more
                                                  Trading), which specifies that Exchange
                                                                                                          Exchange proposes to delete Rule                      easily navigate the Exchange’s rulebook
                                                  systems may open one or more
                                                                                                          6140(h)(1), which provides that a                     and better understand the orders types
                                                  securities electronically if a DMM
                                                                                                          member or member organization may,                    available for trading on the Exchange.
                                                  cannot facilitate the opening of trading
                                                                                                          but is not obligated to, accept a stop                Removing obsolete cross references also
                                                  as required by Exchange rules. First, the
                                                                                                          order in designated securities, and                   furthers the goal of transparency and
                                                  Exchange proposes to replace the
                                                                                                          defines buy stop orders (Rule                         adds clarity to the Exchange’s rules.
                                                  references to Rule 115A(b) with
                                                  references to Rule 115A(a). Second, the                 6140(h)(1)(A)) and sell stop orders (Rule             B. Self-Regulatory Organization’s
                                                  Exchange proposes to delete subsection                  6140(h)(1)(B)). Second, the Exchange                  Statement on Burden on Competition
                                                  (a)(3)(C)(ii), which provides that Stop                 proposes to delete Rule 6140(h)(2),
                                                                                                                                                                  The Exchange does not believe that
                                                  Orders elected based on the opening                     which provides that a member or
                                                                                                                                                                the proposed rule change will impose
                                                                                                          member organization may, but is not
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                                                  price would trade second in time                                                                              any burden on competition that is not
                                                  priority when interest that is otherwise                obligated to, accept stop limit orders in
                                                                                                                                                                necessary or appropriate in furtherance
                                                                                                          designated securities and that when a
                                                                                                                                                                of the purposes of the Act. The
                                                    11 See Securities Exchange Act Release No. 67686      transaction occurs at a stop price, the               proposed change is not designed to
                                                  (August 17, 2012), 77 FR 51596 (August 24, 2012)        stop limit order to buy or sell becomes               address any competitive issue but
                                                  (SR–NYSE–2012–19) (deleting the auction market          a limit order at the limit price. Current
                                                  order). Auction limit orders do not appear to have
                                                  been implemented.                                       subsection (i) of Rule 6140 would                       13 15   U.S.C. 78f(b).
                                                    12 See note 10, supra.                                become new subsection (h).                              14 15   U.S.C. 78f(b)(5).



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                                                  79368                        Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices

                                                  would rather remove complex                               change should be approved or                           For the Commission, by the Division of
                                                  functionality and obsolete cross-                         disapproved.                                         Trading and Markets, pursuant to delegated
                                                  references, thereby reducing confusion                                                                         authority.20
                                                  and making the Exchange’s rules easier                    IV. Solicitation of Comments                         Robert W. Errett,
                                                  to understand and navigate.                                                                                    Deputy Secretary.
                                                                                                              Interested persons are invited to
                                                                                                                                                                 [FR Doc. 2015–31920 Filed 12–18–15; 8:45 am]
                                                  C. Self-Regulatory Organization’s                         submit written data, views, and
                                                                                                                                                                 BILLING CODE 8011–01–P
                                                  Statement on Comments on the                              arguments concerning the foregoing,
                                                  Proposed Rule Change Received From                        including whether the proposed rule
                                                  Members, Participants, or Others                          change is consistent with the Act.                   SECURITIES AND EXCHANGE
                                                    No written comments were solicited                      Comments may be submitted by any of                  COMMISSION
                                                  or received with respect to the proposed                  the following methods:
                                                  rule change.                                              Electronic Comments                                  [Release No. 34–76652; File No. SR–NSCC–
                                                                                                                                                                 2015–007]
                                                  III. Date of Effectiveness of the                           • Use the Commission’s Internet
                                                  Proposed Rule Change and Timing for                       comment form (http://www.sec.gov/                    Self-Regulatory Organizations;
                                                  Commission Action                                                                                              National Securities Clearing
                                                                                                            rules/sro.shtml); or
                                                                                                                                                                 Corporation; Order Approving
                                                     The Exchange has filed the proposed                      • Send an email to rule-comments@                  Proposed Rule Change To Provide
                                                  rule change pursuant to section                           sec.gov. Please include File Number SR–              Mechanism for Sub-Account
                                                  19(b)(3)(A)(iii) of the Act 15 and Rule                   NYSE–2015–60 on the subject line.                    Settlement With Respect to the
                                                  19b–4(f)(6) thereunder.16 Because the
                                                                                                            Paper Comments                                       Alternative Investment Product
                                                  proposed rule change does not: (i)
                                                                                                                                                                 Services
                                                  Significantly affect the protection of
                                                  investors or the public interest; (ii)                      • Send paper comments in triplicate                December 15, 2015.
                                                  impose any significant burden on                          to Secretary, Securities and Exchange
                                                                                                                                                                    On October 30, 2015, National
                                                  competition; and (iii) become operative                   Commission, 100 F Street NE.,
                                                                                                                                                                 Securities Clearing Corporation
                                                  prior to 30 days from the date on which                   Washington, DC 20549–1090.                           (‘‘NSCC’’) filed with the Securities and
                                                  it was filed, or such shorter time as the                 All submissions should refer to File                 Exchange Commission (‘‘Commission’’)
                                                  Commission may designate, if                              Number SR–NYSE–2015–60. This file                    proposed rule change SR–NSCC–2015–
                                                  consistent with the protection of                         number should be included on the                     007 pursuant to section 19(b)(1) of the
                                                  investors and the public interest, the                                                                         Securities Exchange Act of 1934
                                                                                                            subject line if email is used. To help the
                                                  proposed rule change has become                                                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                            Commission process and review your
                                                  effective pursuant to section 19(b)(3)(A)                                                                      to amend NSCC’s Rules and Procedures
                                                  of the Act and Rule 19b–4(f)(6)(iii)                      comments more efficiently, please use
                                                                                                            only one method. The Commission will                 (‘‘Rules’’) 3 to allow certain users of
                                                  thereunder.                                                                                                    NSCC’s Alternative Investment Product
                                                     A proposed rule change filed under                     post all comments on the Commission’s
                                                                                                            Internet Web site (http://www.sec.gov/               Services (‘‘AIP’’) to settle at the sub-
                                                  Rule 19b–4(f)(6) 17 normally does not                                                                          account level and to make related
                                                  become operative prior to 30 days after                   rules/sro.shtml). Copies of the
                                                                                                                                                                 technical changes and corrections to the
                                                  the date of the filing. However, pursuant                 submission, all subsequent
                                                                                                                                                                 Rules, as more fully described below.
                                                  to Rule 19b4(f)(6)(iii),18 the Commission                 amendments, all written statements                   The proposed rule change was
                                                  may designate a shorter time if such                      with respect to the proposed rule                    published for comment in the Federal
                                                  action is consistent with the protection                  change that are filed with the                       Register on November 10, 2015.4 The
                                                  of investors and the public interest.                     Commission, and all written                          Commission did not receive any
                                                     At any time within 60 days of the                      communications relating to the                       comment letters on the proposed rule
                                                  filing of such proposed rule change, the                  proposed rule change between the                     change. For the reasons discussed
                                                  Commission summarily may                                  Commission and any person, other than                below, the Commission is granting
                                                  temporarily suspend such rule change if                   those that may be withheld from the                  approval of the proposed rule change.
                                                  it appears to the Commission that such                    public in accordance with the
                                                  action is necessary or appropriate in the                 provisions of 5 U.S.C. 552, will be                  I. Description of the Proposed Rule
                                                  public interest, for the protection of                                                                         Change
                                                                                                            available for Web site viewing and
                                                  investors, or otherwise in furtherance of                 printing in the Commission’s Public                    The following is a description of the
                                                  the purposes of the Act. If the                           Reference Room, 100 F Street NE.,                    proposed rule change, as provided by
                                                  Commission takes such action, the                         Washington, DC 20549, on official                    NSCC:
                                                  Commission shall institute proceedings                    business days between the hours of                     Background. In 2008, the Commission
                                                  under section 19(b)(2)(B) 19 of the Act to                10:00 a.m. and 3:00 p.m. Copies of the               approved NSCC’s proposed rule change
                                                  determine whether the proposed rule                       filing also will be available for                    to establish AIP, a non-guaranteed
                                                                                                            inspection and copying at the principal              processing platform for alternative
                                                    15 15  U.S.C. 78s(b)(3)(A)(iii).                        office of the Exchange. All comments                 investment products such as hedge
                                                    16 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                            received will be posted without change;              funds, funds of hedge funds,
                                                  4(f)(6)(iii) requires a self-regulatory organization to                                                        commodities pools, managed futures,
                                                  give the Commission written notice of its intent to       the Commission does not edit personal
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  file the proposed rule change, along with a brief         identifying information from                           20 17
                                                  description and text of the proposed rule change,                                                                      CFR 200.30–3(a)(12).
                                                                                                            submissions. You should submit only
                                                  at least five business days prior to the date of filing                                                          1 15 U.S.C. 78s(b)(1).
                                                  of the proposed rule change, or such shorter time         information that you wish to make                      2 17 CFR 240.19b–4.
                                                  as designated by the Commission. The Exchange             available publicly. All submissions                    3 Available at http://www.dtcc.com/legal/rules-
                                                  has satisfied this requirement.                           should refer to File Number SR–NYSE–                 and-procedures.
                                                     17 17 CFR 240.19b–4(f)(6).                                                                                    4 See Securities Exchange Act Release No. 76348
                                                     18 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                            2015–60, and should be submitted on or
                                                                                                                                                                 (November 4, 2015), 80 FR 69728 (November 10,
                                                     19 15 U.S.C. 78s(b)(2)(B).                             before January 11, 2016.                             2015) (SR–NSCC–2015–007).



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Document Created: 2015-12-19 02:56:48
Document Modified: 2015-12-19 02:56:48
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 79365 

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