Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Certificate of Formation, Amended and Restated Operating Agreement, Company Guide, and Rules To Change the Name of the Exchange to NYSE MKT LLC, 31415-31416 [2012-12794]

Agencies

• SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31415-31416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12794]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67037; File No. SR-NYSEAmex-2012-32]


Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending Its 
Certificate of Formation, Amended and Restated Operating Agreement, 
Company Guide, and Rules To Change the Name of the Exchange to NYSE MKT 
LLC

May 21, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on May 14, 2012, NYSE Amex LLC (``NYSE Amex'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its Certificate of Formation, 
Amended and Restated Operating Agreement (``Operating Agreement''), 
Company Guide, and Rules to change the name of the Exchange to NYSE MKT 
LLC. The text of the proposed rule change is available at the Exchange, 
www.nyse.com, and 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NYSE Amex proposes to amend its Certificate of Formation, Operating 
Agreement, Company Guide, and Rules to change the name of the Exchange 
to NYSE MKT LLC.
    At the time of the acquisition of the American Stock Exchange LLC 
(``Amex'') by NYSE Euronext on October 1, 2008, the name of the 
Exchange, as the successor entity to Amex, was initially established as 
``NYSE Alternext US LLC.'' \3\ On March 3, 2009, the name of the 
Exchange was changed to ``NYSE Amex LLC.'' \4\ The Exchange has now 
determined that for marketing purposes it would be desirable to change 
the name of the Exchange to ``NYSE MKT LLC.''
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    \3\ See Securities Exchange Act Release No. 58673 (September 29, 
2008), 73 FR 57707 (October 3, 2008) (SR-Amex-2008-62).
    \4\ See Securities Exchange Act Release No. 59575 (March 13, 
2009), 74 FR 11803 (March 19, 2009) (SR-NYSEALTR-2009-24).
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    Specifically, the Certificate of Formation of the Exchange would be 
amended to remove the reference to ``NYSE Amex LLC'' and replace it 
with ``NYSE MKT LLC.'' The Operating Agreement of NYSE Amex LLC also 
would be amended and restated to become the Second Amended and Restated 
Operating Agreement of NYSE MKT LLC, with the word ``Company'' to be 
redefined to mean ``NYSE MKT LLC.'' Article 1, Section 1.01 of the 
Operating Agreement would be revised to state the name of the limited 
liability company as ``NYSE MKT LLC,'' and in Article 3, Section 2.03 
the ``NYSE Amex DCRC'' would be renamed the ``NYSE MKT DCRC.''
    In the Exchange's Rules and its Company Guide, references to ``NYSE 
Amex,'' ``Amex,'' ``NYSE Amex LLC,'' ``Alternext,'' and ``American 
Stock Exchange'' would be changed to ``NYSE MKT'' or ``the Exchange'' 
or deleted, as appropriate. The Exchange proposes to add a new 
definition to the General and Floor Rules to define the term ``Company 
Guide'' to mean the NYSE MKT LLC Company Guide and conform references 
in the Exchange's rules accordingly. The Exchange does not propose to 
rename the NYSE Amex options business; therefore, references to ``Amex 
Trading Permit,'' ``ATP

[[Page 31416]]

Holder,'' and ``NYSE Amex Options'' would not be changed. The Exchange 
proposes to update the Exchange's address in Sections 332 and 350 of 
the Company Guide and Rule 341A. In addition, the Exchange proposes to 
simplify cross-references within the Exchange's rules. References to 
``Exchange Rule'' or ``NYSE Amex Rule'' would be shortened to ``Rule'' 
and references to ``NYSE Amex Equities'' would be shorted to 
``Equities'' (e.g., Rule 0--NYSE Amex Equities would become Rule 0--
Equities).
    None of the foregoing changes are substantive.\5\
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    \5\ The Exchange will submit subsequent rule filings as 
necessary to make any technical corrections to proposed rule changes 
that are pending as of the date of submission of this filing and 
approved by the Commission thereafter.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Securities Exchange Act of 1934 (the 
``Act''),\6\ in general, and Section 6(b)(5) of the Act,\7\ in 
particular, in that it is designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system and, in general, to protect investors and the 
public interest. The Exchange proposes to change its name for marketing 
purposes, and the proposed rule change is intended to accurately 
reflect the name change in the Exchange's rules and governing 
documents. In addition, the Exchange is proposing certain changes that 
would make the rule text simpler and more uniform so that it will be 
easier for market participants to use, which is in the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act.

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 foregoing proposed rule change is concerned solely with the 
administration of the Exchange pursuant to Section 19(b)(3)(A)(iii) \8\ 
of the Act and Rule 19b-4(f)(3) \9\ thereunder. Accordingly, the 
proposal will take effect upon filing with 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 necessary or appropriate 
in the public interest, for the protection of investors, or otherwise 
in furtherance of the purposes of the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(3).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please 
include File Number SR-NYSEAmex-2012-32 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAmex-2012-32. 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 (https://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-NYSEAmex-2012-32 and should 
be submitted on or before June 15, 2012.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-12794 Filed 5-24-12; 8:45 am]
BILLING CODE 8011-01-P