81_FR_7912 81 FR 7882 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 990NY(8) To Correct a Typographical Error

81 FR 7882 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 990NY(8) To Correct a Typographical Error

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 30 (February 16, 2016)

Page Range7882-7884
FR Document2016-02980

Federal Register, Volume 81 Issue 30 (Tuesday, February 16, 2016)
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7882-7884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02980]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77085; File No. SR-NYSEMKT-2016-19]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Amending Rule 990NY(8) 
To Correct a Typographical Error

February 9, 2016.
    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 February 3 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The 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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[[Page 7883]]

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

    The Exchange proposes to amend Rule 990NY(8) to correct a 
typographical error. 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 990NY (Definitions Related to 
Order Protection and Locked and Crossed Markets) to correct a 
typographical error. Specifically, in Rule 990NY(8), regarding the 
definition of an Intermarket Sweep Order, the Exchange proposes to 
replace the inaccurate reference to ``OTP Holder'' with ``ATP Holder.'' 
OTP Holder refers to individuals on NYSE Arca, Inc. who have been 
issued an Options Trading Permit on that exchange,\4\ whereas ATP 
Holders refer holders of Amex Trading Permits on the Exchange.\5\ The 
Exchange inadvertently included the reference to OTP Holder when it 
adopted the definitions for the Options Plan for Locked/Crossed 
Markets.\6\ The proposed rule change would clarify Exchange rules and 
alleviate any investor confusion.
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    \4\ See NYSE Arca Rule 1.1(q) (defining OTP Holder as ``a 
natural person in good standing who has been issued an OTP'').
    \5\ See Rule 900.2NY(5) (defining ATP Holder as ``a natural 
person, sole proprietorship, partnership, corporation, limited 
liability company or other organization, in good standing, that has 
been issued an ATP'').
    \6\ See Securities Exchange Act Release No. 60526 (August 18, 
2009), 74 FR 43185 (August 26, 2009) (SR-NYSEAmex-2009-19).
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2. Statutory Basis
    The Exchange believes that the proposed change is consistent with 
Section 6(b) of the Act,\7\ in general, and furthers the objectives of 
Section 6(b)(5),\8\ in particular, in that it is designed to promote 
just and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in regulating, clearing, settling, 
processing information with respect to, and facilitation [sic] 
transactions in securities, to remove impediments to, and perfect the 
mechanism of a free and open market and, in general, to protect 
investors and the public interest. Additionally, the Exchange believes 
the proposed rule change is consistent with the Section 6(b)(5) \9\ 
requirement that the rules of an exchange not be designed to permit 
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the proposed rule change 
will remove impediments to and perfect the mechanisms of a free and 
open market by correcting an inaccurate reference contained in Rule 
990NY(8), which would clarify Exchange rules and alleviate any investor 
confusion. The Exchange believes this additional transparency and 
clarity removes a potential impediment to, and would contribute to 
perfecting, the mechanism for a free and open market and a national 
market system, and, in general, would protect investors and the public 
interest.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that this proposed rule change would 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue but rather to correct an 
inaccurate reference in Rule 990NY(8), thereby reducing confusion and 
making the Exchange's rules easier to understand and navigate. The 
Exchange believes that the proposed rule change will serve to promote 
regulatory clarity and consistency, thereby reducing burdens on the 
marketplace and facilitating investor protection.

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 \10\ and Rule 19b-4(f)(6) thereunder.\11\ 
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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 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.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\13\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the Exchange 
may correct inaccurate references in its rules without undue delay. The 
Exchange believes that the proposed rule change will promote clarity in 
its rules and help eliminate potential investor confusion, consistent 
with the protection of investors and the public interest. The 
Commission agrees and has determined to waive the 30-day operative date 
so that the proposal may take effect upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of accelerating the operative date of 
this proposal, the Commission has considered the proposed rule's 
impact on efficiency, competition, and capital formation. 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if

[[Page 7884]]

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) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 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-NYSEMKT-2016-19 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2016-19. 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-NYSEMKT-2016-19 and should 
be submitted on or before March 8, 2016.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Brent J. Fields,
Secretary.
[FR Doc. 2016-02980 Filed 2-12-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  7882                         Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices

                                                  the proposal will provide market                        delay. In support of its request, the                   Commission, and all written
                                                  participants with additional protection                 Exchange states the proposed rule                       communications relating to the
                                                  against erroneous executions. The                       change will provide additional                          proposed rule change between the
                                                  Exchange does not believe the proposed                  protections against executions that are                 Commission and any person, other than
                                                  rule change imposes any burden on                       priced significantly away from the                      those that may be withheld from the
                                                  intramarket competition as the feature is               market as a result of human or                          public in accordance with the
                                                  available to all Limit Orders and quotes                operational error. The Commission                       provisions of 5 U.S.C. 552, will be
                                                  of all Participants. Nor will the proposal              believes that waiving the 30-day                        available for Web site viewing and
                                                  impose a burden on competition among                    operative delay is consistent with the                  printing in the Commission’s Public
                                                  the options exchanges, because of the                   protection of investors and the public                  Reference Room, 100 F Street NE.,
                                                  vigorous competition for order flow                     interest. Therefore, the Commission                     Washington, DC 20549 on official
                                                  among the options exchanges. The                        hereby waives the operative delay and                   business days between the hours of
                                                  Exchange competes with many other                       designates the proposed rule change                     10:00 a.m. and 3:00 p.m. Copies of such
                                                  options exchanges. In this highly                       operative upon filing.21                                filing also will be available for
                                                  competitive market, market participants                    At any time within 60 days of the                    inspection and copying at the principal
                                                  can easily and readily direct order flow                filing of the proposed rule change, the                 office of the Exchange. All comments
                                                  to competing venues.                                    Commission summarily may                                received will be posted without change;
                                                  C. Self-Regulatory Organization’s                       temporarily suspend such rule change if                 the Commission does not edit personal
                                                  Statement on Comments on the                            it appears to the Commission that such                  identifying information from
                                                  Proposed Rule Change Received From                      action is necessary or appropriate in the               submissions. You should submit only
                                                  Members, Participants, or Others                        public interest, for the protection of                  information that you wish to make
                                                                                                          investors, or otherwise in furtherance of               available publicly. All submissions
                                                    The Exchange has neither solicited                    the purposes of the Act. If the
                                                  nor received comments on the proposed                                                                           should refer to File Number SR–BOX–
                                                                                                          Commission takes such action, the                       2016–05 and should be submitted on or
                                                  rule change.                                            Commission shall institute proceedings                  before March 8, 2016.
                                                  III. Date of Effectiveness of the                       to determine whether the proposed rule
                                                                                                          should be approved or disapproved.                        For the Commission, by the Division of
                                                  Proposed Rule Change and Timing for
                                                                                                                                                                  Trading and Markets, pursuant to delegated
                                                  Commission Action                                       IV. Solicitation of Comments                            authority.22
                                                     The Exchange has filed the proposed                                                                          Brent J. Fields,
                                                                                                            Interested persons are invited to
                                                  rule change pursuant to Section
                                                                                                          submit written data, views and                          Secretary.
                                                  19(b)(3)(A)(iii) of the Act 17 and Rule
                                                  19b–4(f)(6) thereunder.18 Because the                   arguments concerning the foregoing,                     [FR Doc. 2016–02988 Filed 2–12–16; 8:45 am]
                                                  proposed rule change does not: (i)                      including whether the proposed rule                     BILLING CODE 8011–01–P
                                                  Significantly affect the protection of                  change is consistent with the Act.
                                                  investors or the public interest; (ii)                  Comments may be submitted by any of
                                                  impose any significant burden on                        the following methods:                                  SECURITIES AND EXCHANGE
                                                  competition; and (iii) become operative                 Electronic Comments                                     COMMISSION
                                                  prior to 30 days from the date on which
                                                                                                            • Use the Commission’s Internet
                                                  it was filed, or such shorter time as the                                                                       [Release No. 34–77085; File No. SR–
                                                                                                          comment form (http://www.sec.gov/
                                                  Commission may designate, if                                                                                    NYSEMKT–2016–19]
                                                                                                          rules/sro.shtml); or
                                                  consistent with the protection of
                                                  investors and the public interest, the                    • Send an email to rule-comments@                     Self-Regulatory Organizations; NYSE
                                                  proposed rule change has become                         sec.gov. Please include File Number SR–
                                                                                                                                                                  MKT LLC; Notice of Filing and
                                                  effective pursuant to Section 19(b)(3)(A)               BOX–2016–05 on the subject line.
                                                                                                                                                                  Immediate Effectiveness of Proposed
                                                  of the Act and Rule 19b–4(f)(6)(iii)                    Paper Comments                                          Rule Change Amending Rule 990NY(8)
                                                  thereunder.                                                                                                     To Correct a Typographical Error
                                                     A proposed rule change filed under                     • Send paper comments in triplicate
                                                  Rule 19b–4(f)(6) 19 normally does not                   to Secretary, Securities and Exchange                   February 9, 2016.
                                                  become operative prior to 30 days after                 Commission, 100 F Street NE.,
                                                                                                          Washington, DC 20549–1090.                                 Pursuant to Section 19(b)(1) 1 of the
                                                  the date of the filing. However, pursuant                                                                       Securities Exchange Act of 1934 (the
                                                  to Rule 19b4(f)(6)(iii),20 the Commission               All submissions should refer to File
                                                                                                                                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  may designate a shorter time if such                    Number SR–BOX–2016–05. This file
                                                                                                                                                                  notice is hereby given that on February
                                                  action is consistent with the protection                number should be included on the
                                                                                                                                                                  3 2016, NYSE MKT LLC (the
                                                  of investors and the public interest. The               subject line if email is used. To help the
                                                                                                                                                                  ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with
                                                  Exchange has asked the Commission to                    Commission process and review your
                                                                                                                                                                  the Securities and Exchange
                                                  waive the 30-day operative delay so that                comments more efficiently, please use
                                                                                                                                                                  Commission (the ‘‘Commission’’) the
                                                  the Exchange may implement the                          only one method. The Commission will
                                                                                                                                                                  proposed rule change as described in
                                                  proposed rule change without undue                      post all comments on the Commission’s
                                                                                                                                                                  Items I and II below, which Items have
                                                                                                          Internet Web site (http://www.sec.gov/
                                                                                                                                                                  been prepared by the self-regulatory
                                                    17 15  U.S.C. 78s(b)(3)(A)(iii).                      rules/sro.shtml). Copies of the
                                                                                                                                                                  organization. The Commission is
                                                    18 17  CFR 240.19b–4(f)(6). As required under Rule    submission, all subsequent
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  19b–4(f)(6)(iii), the Exchange provided the                                                                     publishing this notice to solicit
                                                                                                          amendments, all written statements
                                                  Commission with written notice of its intent to file                                                            comments on the proposed rule change
                                                  the proposed rule change, along with a brief            with respect to the proposed rule
                                                                                                                                                                  from interested persons.
                                                  description and the text of the proposed rule           change that are filed with the
                                                  change, at least five business days prior to the date
                                                                                                                                                                    22 17 CFR 200.30–3(a)(12).
                                                  of filing of the proposed rule change, or such            21 For purposes only of waiving the operative date
                                                  shorter time as designated by the Commission.                                                                     1 15 U.S.C. 78s(b)(1).
                                                                                                          of this proposal, the Commission has considered
                                                    19 17 CFR 240.19b–4(f)(6).                                                                                      2 15 U.S.C. 78a.
                                                                                                          the proposed rule’s impact on efficiency,
                                                    20 17 CFR 240.19b–4(f)(6)(iii).                       competition, and capital formation. 15 U.S.C. 78c(f).     3 17 CFR 240.19b–4.




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                                                                              Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices                                                         7883

                                                  I. Self-Regulatory Organization’s                       2. Statutory Basis                                       C. Self-Regulatory Organization’s
                                                  Statement of the Terms of Substance of                                                                           Statement on Comments on the
                                                  the Proposed Rule Change                                   The Exchange believes that the                        Proposed Rule Change Received From
                                                                                                          proposed change is consistent with                       Members, Participants, or Others
                                                    The Exchange proposes to amend                        Section 6(b) of the Act,7 in general, and
                                                  Rule 990NY(8) to correct a                                                                                         No written comments were solicited
                                                                                                          furthers the objectives of Section
                                                  typographical error. The proposed rule                                                                           or received with respect to the proposed
                                                                                                          6(b)(5),8 in particular, in that it is                   rule change.
                                                  change is available on the Exchange’s                   designed to promote just and equitable
                                                  Web site at www.nyse.com, at the                        principles of trade, to foster cooperation               III. Date of Effectiveness of the
                                                  principal office of the Exchange, and at                and coordination with persons engaged                    Proposed Rule Change and Timing for
                                                  the Commission’s Public Reference                       in regulating, clearing, settling,                       Commission Action
                                                  Room.                                                   processing information with respect to,                     The Exchange has filed the proposed
                                                  II. Self-Regulatory Organization’s                      and facilitation [sic] transactions in                   rule change pursuant to Section
                                                  Statement of the Purpose of, and                        securities, to remove impediments to,                    19(b)(3)(A)(iii) of the Act 10 and Rule
                                                  Statutory Basis for, the Proposed Rule                  and perfect the mechanism of a free and                  19b–4(f)(6) thereunder.11 Because the
                                                  Change                                                  open market and, in general, to protect                  proposed rule change does not: (i)
                                                                                                          investors and the public interest.                       Significantly affect the protection of
                                                    In its filing with the Commission, the                Additionally, the Exchange believes the                  investors or the public interest; (ii)
                                                  self-regulatory organization included                   proposed rule change is consistent with                  impose any significant burden on
                                                  statements concerning the purpose of,                   the Section 6(b)(5) 9 requirement that                   competition; and (iii) become operative
                                                  and basis for, the proposed rule change                 the rules of an exchange not be designed                 prior to 30 days from the date on which
                                                  and discussed any comments it received                                                                           it was filed, or such shorter time as the
                                                                                                          to permit unfair discrimination between
                                                  on the proposed rule change. The text                                                                            Commission may designate, if
                                                                                                          customers, issuers, brokers, or dealers.
                                                  of those statements may be examined at                                                                           consistent with the protection of
                                                  the places specified in Item IV below.                     Specifically, the Exchange believes                   investors and the public interest, the
                                                  The Exchange has prepared summaries,                    that the proposed rule change will                       proposed rule change has become
                                                  set forth in sections A, B, and C below,                remove impediments to and perfect the                    effective pursuant to Section 19(b)(3)(A)
                                                  of the most significant parts of such                   mechanisms of a free and open market                     of the Act and Rule 19b–4(f)(6)(iii)
                                                  statements.                                             by correcting an inaccurate reference                    thereunder.
                                                                                                          contained in Rule 990NY(8), which                           A proposed rule change filed under
                                                  A. Self-Regulatory Organization’s                                                                                Rule 19b–4(f)(6) 12 normally does not
                                                                                                          would clarify Exchange rules and
                                                  Statement of the Purpose of, and the                                                                             become operative prior to 30 days after
                                                                                                          alleviate any investor confusion. The
                                                  Statutory Basis for, the Proposed Rule                                                                           the date of the filing. However, pursuant
                                                  Change                                                  Exchange believes this additional
                                                                                                          transparency and clarity removes a                       to Rule 19b4(f)(6)(iii),13 the Commission
                                                  1. Purpose                                              potential impediment to, and would                       may designate a shorter time if such
                                                                                                          contribute to perfecting, the mechanism                  action is consistent with the protection
                                                    The Exchange proposes to amend                        for a free and open market and a                         of investors and the public interest. The
                                                  Rule 990NY (Definitions Related to                                                                               Exchange has asked the Commission to
                                                                                                          national market system, and, in general,
                                                  Order Protection and Locked and                                                                                  waive the 30-day operative delay so that
                                                                                                          would protect investors and the public
                                                  Crossed Markets) to correct a                                                                                    the Exchange may correct inaccurate
                                                                                                          interest.
                                                  typographical error. Specifically, in                                                                            references in its rules without undue
                                                  Rule 990NY(8), regarding the definition                 B. Self-Regulatory Organization’s                        delay. The Exchange believes that the
                                                  of an Intermarket Sweep Order, the                      Statement on Burden on Competition                       proposed rule change will promote
                                                  Exchange proposes to replace the                                                                                 clarity in its rules and help eliminate
                                                  inaccurate reference to ‘‘OTP Holder’’                    The Exchange does not believe that                     potential investor confusion, consistent
                                                  with ‘‘ATP Holder.’’ OTP Holder refers                  this proposed rule change would                          with the protection of investors and the
                                                  to individuals on NYSE Arca, Inc. who                   impose any burden on competition not                     public interest. The Commission agrees
                                                  have been issued an Options Trading                     necessary or appropriate in furtherance                  and has determined to waive the 30-day
                                                  Permit on that exchange,4 whereas ATP                   of the purposes of the Act. The                          operative date so that the proposal may
                                                  Holders refer holders of Amex Trading                   proposed change is not designed to                       take effect upon filing.14
                                                  Permits on the Exchange.5 The                           address any competitive issue but rather                    At any time within 60 days of the
                                                  Exchange inadvertently included the                     to correct an inaccurate reference in                    filing of such proposed rule change, the
                                                  reference to OTP Holder when it                         Rule 990NY(8), thereby reducing                          Commission summarily may
                                                  adopted the definitions for the Options                 confusion and making the Exchange’s                      temporarily suspend such rule change if
                                                  Plan for Locked/Crossed Markets.6 The                   rules easier to understand and navigate.
                                                  proposed rule change would clarify                      The Exchange believes that the
                                                                                                                                                                     10 15  U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                     11 17  CFR 240.19b–4(f)(6). As required under Rule
                                                  Exchange rules and alleviate any                        proposed rule change will serve to                       19b–4(f)(6)(iii), the Exchange provided the
                                                  investor confusion.                                     promote regulatory clarity and                           Commission with written notice of its intent to file
                                                                                                          consistency, thereby reducing burdens                    the proposed rule change, along with a brief
                                                    4 See NYSE Arca Rule 1.1(q) (defining OTP                                                                      description and the text of the proposed rule
                                                  Holder as ‘‘a natural person in good standing who
                                                                                                          on the marketplace and facilitating                      change, at least five business days prior to the date
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  has been issued an OTP’’).                              investor protection.                                     of filing of the proposed rule change, or such
                                                    5 See Rule 900.2NY(5) (defining ATP Holder as ‘‘a                                                              shorter time as designated by the Commission.
                                                                                                                                                                      12 17 CFR 240.19b–4(f)(6).
                                                  natural person, sole proprietorship, partnership,
                                                  corporation, limited liability company or other                                                                     13 17 CFR 240.19b–4(f)(6)(iii).

                                                  organization, in good standing, that has been issued                                                                14 For purposes only of accelerating the operative
                                                  an ATP’’).                                                                                                       date of this proposal, the Commission has
                                                                                                            7 15    U.S.C. 78f(b).
                                                    6 See Securities Exchange Act Release No. 60526                                                                considered the proposed rule’s impact on
                                                                                                            8 15    U.S.C. 78f(b)(5).
                                                  (August 18, 2009), 74 FR 43185 (August 26, 2009)                                                                 efficiency, competition, and capital formation. 15
                                                  (SR–NYSEAmex–2009–19).                                    9 Id.                                                  U.S.C. 78c(f).



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                                                  7884                             Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices

                                                  it appears to the Commission that such                     submissions. You should submit only                    DEPARTMENT OF STATE
                                                  action is necessary or appropriate in the                  information that you wish to make
                                                                                                                                                                    [Public Notice: 9446]
                                                  public interest, for the protection of                     available publicly. All submissions
                                                  investors, or otherwise in furtherance of                  should refer to File Number SR–                        Culturally Significant Objects Imported
                                                  the purposes of the Act. If the                            NYSEMKT–2016–19 and should be                          for Exhibition Determinations:
                                                  Commission takes such action, the                          submitted on or before March 8, 2016.                  ‘‘Pharaoh: King of Ancient Egypt’’
                                                  Commission shall institute proceedings                       For the Commission, by the Division of               Exhibition
                                                  under Section 19(b)(2)(B) 15 of the Act to                 Trading and Markets, pursuant to delegated
                                                  determine whether the proposed rule                        authority.16                                           SUMMARY:    Notice is hereby given of the
                                                  change should be approved or                               Brent J. Fields,                                       following determinations: Pursuant to
                                                  disapproved.                                                                                                      the authority vested in me by the Act of
                                                                                                             Secretary.
                                                                                                                                                                    October 19, 1965 (79 Stat. 985; 22 U.S.C.
                                                  IV. Solicitation of Comments                               [FR Doc. 2016–02980 Filed 2–12–16; 8:45 am]
                                                                                                                                                                    2459), Executive Order 12047 of March
                                                    Interested persons are invited to                        BILLING CODE 8011–01–P                                 27, 1978, the Foreign Affairs Reform and
                                                  submit written data, views, and                                                                                   Restructuring Act of 1998 (112 Stat.
                                                  arguments concerning the foregoing,                                                                               2681, et seq.; 22 U.S.C. 6501 note, et
                                                  including whether the proposed rule                        SMALL BUSINESS ADMINISTRATION                          seq.), Delegation of Authority No. 234 of
                                                  change is consistent with the Act.                                                                                October 1, 1999, Delegation of Authority
                                                  Comments may be submitted by any of                        [PennantPark SBIC II, LP; License No. 02/              No. 236–3 of August 28, 2000 (and, as
                                                  the following methods:                                     02–0663]
                                                                                                                                                                    appropriate, Delegation of Authority No.
                                                  Electronic Comments                                        Notice Seeking Exemption Under                         257–1 of December 11, 2015), I hereby
                                                                                                             Section 312 of the Small Business                      determine that the objects to be
                                                    • Use the Commission’s Internet                                                                                 included in the exhibition ‘‘Pharaoh:
                                                  comment form (http://www.sec.gov/                          Investment Act, Conflicts of Interest
                                                                                                                                                                    King of Ancient Egypt,’’ imported from
                                                  rules/sro.shtml); or                                          Notice is hereby given that                         abroad for temporary exhibition within
                                                    • Send an email to rule-comments@                        PennantPark SBIC II, LP, 590 Madison                   the United States, are of cultural
                                                  sec.gov. Please include File Number SR–                    Avenue, 15th Floor, New York, NY                       significance. The objects are imported
                                                  NYSEMKT–2016–19 on the subject line.                       10022, a Federal Licensee under the                    pursuant to a loan agreement with the
                                                  Paper Comments                                             Small Business Investment Act of 1958,                 foreign owner or custodian. I also
                                                                                                             as amended (‘‘the Act’’), in connection                determine that the exhibition or display
                                                     • Send paper comments in triplicate
                                                                                                             with the financing of a small concern,                 of the exhibit objects at The Cleveland
                                                  to Brent J. Fields, Secretary, Securities
                                                                                                             has sought an exemption under section                  Museum of Art, Cleveland, Ohio, from
                                                  and Exchange Commission, 100 F Street
                                                                                                             312 of the Act and section 107.730,                    on or about March 13, 2016, until on or
                                                  NE., Washington, DC 20549–1090.
                                                                                                             Financings which Constitute Conflicts                  about June 12, 2016, and at possible
                                                  All submissions should refer to File                       of Interest of the Small Business                      additional exhibitions or venues yet to
                                                  Number SR–NYSEMKT–2016–19. This                            Administration (‘‘SBA’’) Rules and                     be determined, is in the national
                                                  file number should be included on the                      Regulations (13 CFR 107.730)                           interest. I have ordered that Public
                                                  subject line if email is used. To help the                 PennantPark SBIC II, LP proposes to                    Notice of these Determinations be
                                                  Commission process and review your                         provide debt financing to Triad                        published in the Federal Register.
                                                  comments more efficiently, please use                      Manufacturing, Inc., 4700 Goodfellow                   FOR FURTHER INFORMATION CONTACT: For
                                                  only one method. The Commission will                       Blvd., Saint Louis, MO 63120.                          further information, including a list of
                                                  post all comments on the Commission’s                         The financing is brought within the                 the imported objects, contact the Office
                                                  Internet Web site (http://www.sec.gov/                     purview of § 107.730(a)(1) of the                      of Public Diplomacy and Public Affairs
                                                  rules/sro.shtml). Copies of the                            regulations because PennantPark                        in the Office of the Legal Adviser, U.S.
                                                  submission, all subsequent                                 Investment Corporation, an Associate of                Department of State (telephone: 202–
                                                  amendments, all written statements                         PennantPark SBIC II, LP, owns more                     632–6471; email:
                                                  with respect to the proposed rule                          than ten percent of Triad                              section2459@state.gov). The mailing
                                                  change that are filed with the                             Manufacturing, Inc., and therefore this                address is U.S. Department of State,
                                                  Commission, and all written                                transaction is considered a financing of               L/PD, SA–5, Suite 5H03, Washington,
                                                  communications relating to the                             an Associate requiring prior SBA                       DC 20522–0505.
                                                  proposed rule change between the                           approval.
                                                  Commission and any person, other than                                                                                Dated: February 9, 2016.
                                                                                                                Notice is hereby given that any
                                                  those that may be withheld from the                                                                               Mark Taplin,
                                                                                                             interested person may submit written
                                                  public in accordance with the                              comments on the transaction, within                    Deputy Assistant Secretary for Policy, Bureau
                                                  provisions of 5 U.S.C. 552, will be                                                                               of Educational and Cultural Affairs,
                                                                                                             fifteen days of the date of this                       Department of State.
                                                  available for Web site viewing and                         publication, to the Associate
                                                  printing in the Commission’s Public                        Administrator for Investment, U.S.
                                                                                                                                                                    [FR Doc. 2016–03218 Filed 2–12–16; 8:45 am]
                                                  Reference Room, 100 F Street NE.,                          Small Business Administration, 409                     BILLING CODE 4710–05–P
                                                  Washington, DC 20549 on official                           Third Street SW., Washington, DC
                                                  business days between the hours of                         20416.
                                                  10:00 a.m. and 3:00 p.m. Copies of the                                                                            SUSQUEHANNA RIVER BASIN
                                                                                                               Dated: February 3, 2016.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  filing also will be available for                                                                                 COMMISSION
                                                  inspection and copying at the principal                    Mark L. Walsh,
                                                  office of the Exchange. All comments                       Associate Administrator for Office of                  Projects Approved for Consumptive
                                                  received will be posted without change;                    Investment and Innovation.                             Uses of Water
                                                  the Commission does not edit personal                      [FR Doc. 2016–03005 Filed 2–12–16; 8:45 am]
                                                                                                                                                                    AGENCY: Susquehanna River Basin
                                                  identifying information from                               BILLING CODE 8025–01–P
                                                                                                                                                                    Commission.
                                                    15 15
                                                                                                                                                                    ACTION: Notice.
                                                            U.S.C. 78s(b)(2)(B).                               16 17   CFR 200.30–3(a)(12).



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Document Created: 2016-02-13 03:13:33
Document Modified: 2016-02-13 03:13:33
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 Citation81 FR 7882 

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