80_FR_79874 80 FR 79629 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 13.3, Forwarding of Proxy and Other Issuer Materials; Proxy Voting

80 FR 79629 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 13.3, Forwarding of Proxy and Other Issuer Materials; Proxy Voting

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 245 (December 22, 2015)

Page Range79629-79630
FR Document2015-32046

Federal Register, Volume 80 Issue 245 (Tuesday, December 22, 2015)
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Pages 79629-79630]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32046]



[[Page 79629]]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76665; File No. SR-BYX-2015-48]


Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
13.3, Forwarding of Proxy and Other Issuer Materials; Proxy Voting

December 16, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on December 2, 2015, BATS Y-Exchange, Inc. (the ``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ which renders it effective upon filing with the 
Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is proposing to amend paragraph (a) of Rule 13.3, 
Forwarding or Proxy and other Issuer Materials; Proxy Voting, to 
conform to the rules of EDGA Exchange, Inc. (``EDGA'') and EDGX 
Exchange, Inc. (``EDGX'').\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release Nos. 76329 (November 3, 
2015), 80 FR 69259 (November 9, 2015); 76330 (November 3, 2015), 80 
FR 69264 (November 9, 2015) (SR-EDGX-2015-51; SR-EDGA-2015-41).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.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 Exchange 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 these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant parts of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In early 2014, the Exchange and its affiliate, BATS Exchange, Inc. 
(``BZX''), received approval to effect a merger (the ``Merger'') of the 
Exchange's parent company, BATS Global Markets, Inc., with Direct Edge 
Holdings LLC, the indirect parent of EDGX and EDGA (together with BZX, 
BYX and EDGX, the ``BGM Affiliated Exchanges'').\6\ In the context of 
the Merger, the BGM Affiliated Exchanges are working to align their 
rules, retaining only intended differences between the BGM Affiliated 
Exchanges.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 71375 (January 23, 
2014), 79 FR 4771 (January 29, 2014) (SR-BATS-2013-059; SR-BYX-2013-
039).
---------------------------------------------------------------------------

    EDGA and EDGX recently filed proposed rule changes with the 
Commission to restructure and amend their Rules 3.22. Proxy Voting, and 
13.3, Forwarding of Proxy and Other Issuer Materials, to conform to BYX 
and BZX Rule 13.3.\7\ In order to provide a consistent rule set across 
each of the BGM Affiliated Exchanges, the Exchange proposes to amend 
paragraph (a) of Rule 13.3, Forwarding of Proxy and Other Issuer 
Materials; Proxy Voting, to make two revisions to conform to the 
recently amended rules of EDGA and EDGX.\8\
---------------------------------------------------------------------------

    \7\ See supra note 5.
    \8\ The Exchange notes that BZX intends to file an identical 
proposal with the Commission to amend paragraph (a) of Rule 13.3, 
Forwarding of Proxy and Other Issuer Materials; Proxy Voting, to 
conform to the rules of EDGA and EDGX.
---------------------------------------------------------------------------

    In sum, paragraph (a) of Rule 13.3 requires Members to transmit 
proxy materials and other communications to beneficial owners of 
securities. The Exchange notes paragraph (a) of Rule 13.3 is 
substantially similar to EDGA and EDGX Rules 13.3(a) which also 
requires Members to transmit proxy materials to beneficial owners of 
securities. Nonetheless, the Exchange proposes two revisions to make 
the rule identical to the corresponding amended EDGA and EDGX Rules 
13.3(a). These revisions to paragraph (a) of Rule 13.3 are: (i) 
Pluralize the reference to ``proxy material'' in the first sentence; 
and (ii) specify that the ``designated investment advisor'' is defined 
in Interpretation and Policy .01 to this Rule 13.3. Otherwise, the 
Exchange does not propose any additional changes to Rule 3.22. As 
amended, Exchange Rule 13.3 would be identical to amended EDGA and EDGX 
Rules 13.3. The Exchange believes that the changes described above will 
help avoid confusion amongst Members of the Exchange that are also 
members of EDGA, BZX, and EDGX by adopting identical rules across the 
BGM Affiliated Exchanges with regard to proxy delivery.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of section 6(b) of the Act.\9\ 
Specifically, the proposed changes are consistent with section 6(b)(5) 
of the Act,\10\ because they are designed to promote just and equitable 
principles of trade, to remove impediments to, and perfect the 
mechanism of, a free and open market and a national market system, and, 
in general, to protect investors and the public interest. None of these 
changes alter the Exchange's current proxy delivery and voting 
requirements. Rather, as mentioned above, the proposed rule changes, 
combined with the planned filing for BZX, would allow the BGM 
Affiliated Exchanges to provide an identical set of rules as it relates 
to proxy delivery and voting. Consistent rules, in turn, will simplify 
the regulatory requirements for Members of the Exchange that are also 
participants on EDGA, EDGX and/or BZX. The proposed rule change would 
provide greater harmonization between rules of similar purpose on the 
BGM Affiliated Exchanges, resulting in greater uniformity and less 
burdensome and more efficient regulatory compliance and understanding 
of Exchange Rules. As such, the proposed rule change would foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities and would remove impediments to and perfect 
the mechanism of a free and open market and a national market system. 
Similarly, the Exchange also believes that, by harmonizing the rules 
across each BGM Affiliated Exchange, the proposal will enhance the 
Exchange's ability to fairly and efficiently regulate its Members, 
meaning that the proposed rule change would promote just and equitable 
principles of trade in accordance with

[[Page 79630]]

section 6(b)(5) of the Act.\11\. [sic] Finally, the Exchange believes 
that the non-substantive changes discussed above will contribute to the 
protection of investors and the public interest by helping to avoid 
confusion with respect to Exchange Rules.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
---------------------------------------------------------------------------

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 not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, allowing the 
Exchange to implement identical rules across each of the BGM Affiliated 
Exchanges does not present any competitive issues, but rather is 
designed to provide greater harmonization among Exchange, EDGX, BZX, 
and EDGA rules of similar purpose. The proposed rule change should, 
therefore, result in less burdensome and more efficient regulatory 
compliance as well as a better understanding of Exchange Rules for 
common members of the BGM Affiliated Exchanges.

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

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.

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

    Because the foregoing proposed rule change does not: (A) 
Significantly affect the protection of investors or the public 
interest; (B) impose any significant burden on competition; and (C) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to section 19(b)(3)(A) of the Act \12\ and paragraph 
(f)(6) of Rule 19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the 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.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in furtherance of the purposes of the 
Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BYX-2015-48 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BYX-2015-48. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal 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-BYX-2015-48, and should be 
submitted on or before January 12, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-32046 Filed 12-21-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices                                           79629

                                                  SECURITIES AND EXCHANGE                                 statements may be examined at the                     the Exchange does not propose any
                                                  COMMISSION                                              places specified in Item IV below. The                additional changes to Rule 3.22. As
                                                                                                          Exchange has prepared summaries, set                  amended, Exchange Rule 13.3 would be
                                                  [Release No. 34–76665; File No. SR–BYX–
                                                                                                          forth in sections A, B, and C below, of               identical to amended EDGA and EDGX
                                                  2015–48]
                                                                                                          the most significant parts of such                    Rules 13.3. The Exchange believes that
                                                  Self-Regulatory Organizations; BATS                     statements.                                           the changes described above will help
                                                  Y-Exchange, Inc.; Notice of Filing and                  A. Self-Regulatory Organization’s                     avoid confusion amongst Members of
                                                  Immediate Effectiveness of a Proposed                   Statement of the Purpose of, and                      the Exchange that are also members of
                                                  Rule Change to Rule 13.3, Forwarding                    Statutory Basis for, the Proposed Rule                EDGA, BZX, and EDGX by adopting
                                                  of Proxy and Other Issuer Materials;                    Change                                                identical rules across the BGM
                                                  Proxy Voting                                                                                                  Affiliated Exchanges with regard to
                                                                                                          1. Purpose                                            proxy delivery.
                                                  December 16, 2015.                                         In early 2014, the Exchange and its
                                                     Pursuant to section 19(b)(1) of the                                                                        2. Statutory Basis
                                                                                                          affiliate, BATS Exchange, Inc. (‘‘BZX’’),
                                                  Securities Exchange Act of 1934 (the                    received approval to effect a merger (the                The Exchange believes that the
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  ‘‘Merger’’) of the Exchange’s parent                  proposed rule changes are consistent
                                                  notice is hereby given that on December                 company, BATS Global Markets, Inc.,                   with the requirements of the Act and the
                                                  2, 2015, BATS Y-Exchange, Inc. (the                     with Direct Edge Holdings LLC, the                    rules and regulations thereunder that
                                                  ‘‘Exchange’’ or ‘‘BYX’’) filed with the                 indirect parent of EDGX and EDGA                      are applicable to a national securities
                                                  Securities and Exchange Commission                      (together with BZX, BYX and EDGX, the                 exchange, and, in particular, with the
                                                  (‘‘Commission’’) the proposed rule                      ‘‘BGM Affiliated Exchanges’’).6 In the                requirements of section 6(b) of the Act.9
                                                  change as described in Items I and II                   context of the Merger, the BGM                        Specifically, the proposed changes are
                                                  below, which Items have been prepared                   Affiliated Exchanges are working to                   consistent with section 6(b)(5) of the
                                                  by the Exchange. The Exchange has                       align their rules, retaining only intended            Act,10 because they are designed to
                                                  designated this proposal as a ‘‘non-                    differences between the BGM Affiliated                promote just and equitable principles of
                                                  controversial’’ proposed rule change                    Exchanges.                                            trade, to remove impediments to, and
                                                  pursuant to section 19(b)(3)(A) of the                     EDGA and EDGX recently filed                       perfect the mechanism of, a free and
                                                  Act 3 and Rule 19b–4(f)(6) thereunder,4                 proposed rule changes with the                        open market and a national market
                                                  which renders it effective upon filing                  Commission to restructure and amend                   system, and, in general, to protect
                                                  with the Commission. The Commission                     their Rules 3.22. Proxy Voting, and 13.3,             investors and the public interest. None
                                                  is publishing this notice to solicit                    Forwarding of Proxy and Other Issuer                  of these changes alter the Exchange’s
                                                  comments on the proposed rule change                    Materials, to conform to BYX and BZX                  current proxy delivery and voting
                                                  from interested persons.                                Rule 13.3.7 In order to provide a                     requirements. Rather, as mentioned
                                                  I. Self-Regulatory Organization’s                       consistent rule set across each of the                above, the proposed rule changes,
                                                  Statement of the Terms of Substance of                  BGM Affiliated Exchanges, the                         combined with the planned filing for
                                                                                                          Exchange proposes to amend paragraph                  BZX, would allow the BGM Affiliated
                                                  the Proposed Rule Change
                                                                                                          (a) of Rule 13.3, Forwarding of Proxy                 Exchanges to provide an identical set of
                                                     The Exchange is proposing to amend                   and Other Issuer Materials; Proxy                     rules as it relates to proxy delivery and
                                                  paragraph (a) of Rule 13.3, Forwarding                  Voting, to make two revisions to                      voting. Consistent rules, in turn, will
                                                  or Proxy and other Issuer Materials;                    conform to the recently amended rules                 simplify the regulatory requirements for
                                                  Proxy Voting, to conform to the rules of                of EDGA and EDGX.8                                    Members of the Exchange that are also
                                                  EDGA Exchange, Inc. (‘‘EDGA’’) and                         In sum, paragraph (a) of Rule 13.3                 participants on EDGA, EDGX and/or
                                                  EDGX Exchange, Inc. (‘‘EDGX’’).5                        requires Members to transmit proxy
                                                     The text of the proposed rule change                                                                       BZX. The proposed rule change would
                                                                                                          materials and other communications to                 provide greater harmonization between
                                                  is available at the Exchange’s Web site                 beneficial owners of securities. The
                                                  at www.batstrading.com, at the                                                                                rules of similar purpose on the BGM
                                                                                                          Exchange notes paragraph (a) of Rule
                                                  principal office of the Exchange, and at                                                                      Affiliated Exchanges, resulting in
                                                                                                          13.3 is substantially similar to EDGA
                                                  the Commission’s Public Reference                                                                             greater uniformity and less burdensome
                                                                                                          and EDGX Rules 13.3(a) which also
                                                  Room.                                                                                                         and more efficient regulatory
                                                                                                          requires Members to transmit proxy
                                                                                                                                                                compliance and understanding of
                                                  II. Self-Regulatory Organization’s                      materials to beneficial owners of
                                                                                                                                                                Exchange Rules. As such, the proposed
                                                  Statement of the Purpose of, and                        securities. Nonetheless, the Exchange
                                                                                                                                                                rule change would foster cooperation
                                                  Statutory Basis for, the Proposed Rule                  proposes two revisions to make the rule
                                                                                                                                                                and coordination with persons engaged
                                                                                                          identical to the corresponding amended
                                                  Change                                                                                                        in facilitating transactions in securities
                                                                                                          EDGA and EDGX Rules 13.3(a). These
                                                     In its filing with the Commission, the                                                                     and would remove impediments to and
                                                                                                          revisions to paragraph (a) of Rule 13.3
                                                  Exchange included statements                                                                                  perfect the mechanism of a free and
                                                                                                          are: (i) Pluralize the reference to ‘‘proxy
                                                  concerning the purpose of and basis for                                                                       open market and a national market
                                                                                                          material’’ in the first sentence; and (ii)
                                                  the proposed rule change and discussed                                                                        system. Similarly, the Exchange also
                                                                                                          specify that the ‘‘designated investment
                                                  any comments it received on the                                                                               believes that, by harmonizing the rules
                                                                                                          advisor’’ is defined in Interpretation and
                                                  proposed rule change. The text of these                                                                       across each BGM Affiliated Exchange,
                                                                                                          Policy .01 to this Rule 13.3. Otherwise,
                                                                                                                                                                the proposal will enhance the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    1 15 U.S.C. 78s(b)(1).                                   6 See Securities Exchange Act Release No. 71375    Exchange’s ability to fairly and
                                                    2 17 CFR 240.19b–4.                                   (January 23, 2014), 79 FR 4771 (January 29, 2014)     efficiently regulate its Members,
                                                    3 15 U.S.C. 78s(b)(3)(A).                             (SR–BATS–2013–059; SR–BYX–2013–039).                  meaning that the proposed rule change
                                                    4 17 CFR 240.19b–4(f)(6).                                7 See supra note 5.
                                                                                                                                                                would promote just and equitable
                                                    5 See Securities Exchange Act Release Nos. 76329         8 The Exchange notes that BZX intends to file an
                                                                                                                                                                principles of trade in accordance with
                                                  (November 3, 2015), 80 FR 69259 (November 9,            identical proposal with the Commission to amend
                                                  2015); 76330 (November 3, 2015), 80 FR 69264            paragraph (a) of Rule 13.3, Forwarding of Proxy and
                                                                                                                                                                  9 15   U.S.C. 78f(b).
                                                  (November 9, 2015) (SR–EDGX–2015–51; SR–                Other Issuer Materials; Proxy Voting, to conform to
                                                  EDGA–2015–41).                                          the rules of EDGA and EDGX.                             10 15   U.S.C. 78f(b)(5).



                                             VerDate Sep<11>2014   17:21 Dec 21, 2015   Jkt 238001   PO 00000   Frm 00075   Fmt 4703   Sfmt 4703   E:\FR\FM\22DEN1.SGM     22DEN1


                                                  79630                      Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices

                                                  section 6(b)(5) of the Act.11. [sic]                    furtherance of the purposes of the Act.                 For the Commission, by the Division of
                                                  Finally, the Exchange believes that the                 If the Commission takes such action, the              Trading and Markets, pursuant to delegated
                                                  non-substantive changes discussed                       Commission shall institute proceedings                authority.14
                                                  above will contribute to the protection                 to determine whether the proposed rule                Robert W. Errett,
                                                  of investors and the public interest by                 should be approved or disapproved.                    Deputy Secretary.
                                                  helping to avoid confusion with respect                                                                       [FR Doc. 2015–32046 Filed 12–21–15; 8:45 am]
                                                  to Exchange Rules.                                      IV. Solicitation of Comments
                                                                                                                                                                BILLING CODE 8011–01–P
                                                                                                            Interested persons are invited to
                                                  B. Self-Regulatory Organization’s
                                                                                                          submit written data, views, and
                                                  Statement on Burden on Competition
                                                                                                          arguments concerning the foregoing,                   SECURITIES AND EXCHANGE
                                                    The Exchange does not believe that                    including whether the proposed rule                   COMMISSION
                                                  the proposed rule change will impose                    change is consistent with the Act.
                                                  any burden on competition not                                                                                 [Release No. 34–76667; File No. SR–
                                                                                                          Comments may be submitted by any of                   NYSEARCA–2015–122]
                                                  necessary or appropriate in furtherance                 the following methods:
                                                  of the purposes of the Act. To the                                                                            Self-Regulatory Organizations; NYSE
                                                  contrary, allowing the Exchange to                      Electronic Comments
                                                                                                                                                                Arca, Inc.; Notice of Filing and
                                                  implement identical rules across each of                  • Use the Commission’s Internet                     Immediate Effectiveness of Proposed
                                                  the BGM Affiliated Exchanges does not                   comment form (http://www.sec.gov/                     Rule Change Extending Its Program
                                                  present any competitive issues, but                     rules/sro.shtml); or                                  That Allows Transactions to Take
                                                  rather is designed to provide greater                     • Send an email to rule-                            Place at a Price That Is Below $1 Per
                                                  harmonization among Exchange, EDGX,                     comments@sec.gov. Please include File                 Option Contract Until January 5, 2017
                                                  BZX, and EDGA rules of similar                          Number SR–BYX–2015–48 on the
                                                  purpose. The proposed rule change                       subject line.                                         December 16, 2015.
                                                  should, therefore, result in less                                                                                Pursuant to section 19(b)(1) 1 of the
                                                  burdensome and more efficient                           Paper Comments                                        Securities Exchange Act of 1934 (the
                                                  regulatory compliance as well as a better                  • Send paper comments in triplicate                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  understanding of Exchange Rules for                     to Brent J. Fields, Secretary, Securities             notice is hereby given that, on December
                                                  common members of the BGM Affiliated                    and Exchange Commission, 100 F Street                 9, 2015, NYSE Arca, Inc. (the
                                                  Exchanges.                                              NE., Washington, DC 20549–1090.                       ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                  C. Self-Regulatory Organization’s                       All submissions should refer to File                  the Securities and Exchange
                                                  Statement on Comments on the                            Number SR–BYX–2015–48. This file                      Commission (the ‘‘Commission’’) the
                                                  Proposed Rule Change Received From                      number should be included on the                      proposed rule change as described in
                                                  Members, Participants, or Others                        subject line if email is used. To help the            Items I and II below, which Items have
                                                                                                          Commission process and review your                    been prepared by the self-regulatory
                                                    The Exchange has neither solicited                                                                          organization. The Commission is
                                                  nor received written comments on the                    comments more efficiently, please use
                                                                                                          only one method. The Commission will                  publishing this notice to solicit
                                                  proposed rule change.
                                                                                                          post all comments on the Commission’s                 comments on the proposed rule change
                                                  III. Date of Effectiveness of the                       Internet Web site (http://www.sec.gov/                from interested persons.
                                                  Proposed Rule Change and Timing for                     rules/sro.shtml). Copies of the                       I. Self-Regulatory Organization’s
                                                  Commission Action                                       submission, all subsequent                            Statement of the Terms of the Substance
                                                     Because the foregoing proposed rule                  amendments, all written statements                    of the Proposed Rule Change
                                                  change does not: (A) Significantly affect               with respect to the proposed rule
                                                  the protection of investors or the public               change that are filed with the                          The Exchange proposes to extend its
                                                  interest; (B) impose any significant                    Commission, and all written                           program that allows transactions to take
                                                  burden on competition; and (C) become                   communications relating to the                        place at a price that is below $1 per
                                                  operative for 30 days from the date on                  proposed rule change between the                      option contract until January 5, 2017.
                                                  which it was filed, or such shorter time                Commission and any person, other than                 The proposed rule change is available
                                                  as the Commission may designate, it has                 those that may be withheld from the                   on the Exchange’s Web site at
                                                  become effective pursuant to section                    public in accordance with the                         www.nyse.com, at the principal office of
                                                  19(b)(3)(A) of the Act 12 and paragraph                 provisions of 5 U.S.C. 552, will be                   the Exchange, and at the Commission’s
                                                  (f)(6) of Rule 19b–4 thereunder.13                      available for Web site viewing and                    Public Reference Room.
                                                     At any time within 60 days of the                    printing in the Commission’s Public                   II. Self-Regulatory Organization’s
                                                  filing of the proposed rule change, the                 Reference Room, 100 F Street NE.,                     Statement of the Purpose of, and
                                                  Commission summarily may                                Washington, DC 20549 on official                      Statutory Basis for, the Proposed Rule
                                                  temporarily suspend such rule change if                 business days between the hours of                    Change
                                                  it appears to the Commission that such                  10:00 a.m. and 3:00 p.m. Copies of such
                                                  action is: (1) Necessary or appropriate in              filing also will be available for                       In its filing with the Commission, the
                                                  the public interest; (2) for the protection             inspection and copying at the principal               self-regulatory organization included
                                                  of investors; or (3) otherwise in                       office of the Exchange. All comments                  statements concerning the purpose of,
                                                                                                          received will be posted without change;               and basis for, the proposed rule change
                                                    11 Id.
                                                                                                          the Commission does not edit personal                 and discussed any comments it received
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    12 15  U.S.C. 78s(b)(3)(A).                           identifying information from                          on the proposed rule change. The text
                                                    13 17  CFR 240.19b–4(f)(6). As required under Rule
                                                                                                          submissions. You should submit only                   of those statements may be examined at
                                                  19b–4(f)(6)(iii), the Exchange provided the                                                                   the places specified in Item IV below.
                                                  Commission with written notice of its intent to file    information that you wish to make
                                                  the proposed rule change, along with a brief            available publicly. All submissions                     14 17
                                                  description and the text of the proposed rule                                                                         CFR 200.30–3(a)(12).
                                                                                                          should refer to File Number SR–BYX–                     1 15 U.S.C.78s(b)(1).
                                                  change, at least five business days prior to the date
                                                  of filing of the proposed rule change, or such
                                                                                                          2015–48, and should be submitted on or                  2 15 U.S.C. 78a.

                                                  shorter time as designated by the Commission.           before January 12, 2016.                                3 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014   17:21 Dec 21, 2015   Jkt 238001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\22DEN1.SGM    22DEN1



Document Created: 2015-12-22 02:31:00
Document Modified: 2015-12-22 02:31:00
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 79629 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR