Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change With the Proposed Amendment of the Restated Certificate of Incorporation of Exchange Subsidiary NYSE Regulation, Inc., 6142-6144 [2015-02108]
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6142
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices
POSTAL REGULATORY COMMISSION
[Docket Nos. PI2015–1; Order No. 2336]
Public Inquiry on Service Performance
Measurement Systems
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is
establishing a public inquiry to receive
comments regarding the Postal Service’s
proposed service performance
measurement systems for Market
Dominant products. In addition, the
Commission is scheduling a technical
conference where the Postal Service will
briefly outline its proposals. This notice
informs the public of this proceeding
and the technical conference, invites
public comment, and takes other
administrative steps.
DATES: Comments are due: March 26,
2015. Reply Comments are due: April 8,
2015.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
mstockstill on DSK4VPTVN1PROD with NOTICES
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION: On
October 17, 2014, the Postal Service
began discussions with the Commission
on proposals to develop new internal
service performance measurement
systems for several of its market
dominant products, including products
within domestic First-Class Mail,
Periodicals, Standard Mail and Package
Services.1 Service performance, for the
products under consideration, are
currently measured using either
external, or hybrid (combined internal
and external), measurement systems.2
For reporting service performance to
the Commission, service performance
must be measured by an objective
external performance measurement
system unless the Commission approves
the use of an internal measurement
system. See 39 U.S.C. 3691(b)(1)(D) and
(b)(2). This docket will consider a Postal
1 Internal service performance measurement
systems are under the direct control of the Postal
Service. External service performance measurement
systems are under the direct control of an
independent third party.
2 See Docket No. PI2008–1, Order No. 140, Order
Concerning Proposals for Internal Service Standards
Measurement Systems, November 25, 2008, 73 FR
73664 (2008).
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18:18 Feb 03, 2015
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Service request for the Commission to
approve newly proposed internal
service performance measurement
systems for product level reporting
within domestic First-Class Mail,
Periodicals, Standard Mail and Package
Services.
The Postal Service’s proposals are
outlined in United States Postal Service,
Service Performance Measurement,
January 2015, which is concomitantly
being filed as Library Reference PRC–
LR–PI2015–1/1. The proposals would
change at least two aspects of service
performance measurement. First, the
External First-Class system used for
measuring single-piece First-Class Mail
service performance would be replaced
by a measurement system internal to the
Postal Service. Second, the external
reporters that are used to develop the
last mile factors for all hybrid
measurement systems for developing
reports within First-Class Mail,
Periodicals, Standard Mail and Package
Services would be replaced by mail
carrier scans at delivery. If the proposals
are approved by the Commission, the
Postal Service intends to report service
performance using the new
measurement systems beginning FY
2016.3
The Commission’s role under section
3691 of title 39 is to consult with the
Postal Service concerning the
establishment of service standards for
market dominant products. Given its
obligations under the Postal
Accountability Enhancement Act
(PAEA) and the Postal Service’s
proposals, the Commission is initiating
this docket to solicit public comment on
the Postal Service’s proposed service
performance measurement systems.
The Commission will host an off-therecord technical conference on March 5,
2015, which is open to all persons
interested in the Postal Service’s service
performance measurement systems
proposals. The Postal Service shall
briefly outline the proposals contained
within its plan, and be available to
answer questions.
Interested persons are invited to
comment on any or all aspects of the
Postal Service’s new proposals for
service performance measurement and
reporting systems. Comments are due
March 26, 2015. Reply comments may
be filed no later than April 8, 2015. The
Commission intends to evaluate the
3 For compliance purposes, the Postal Service
reports service performance for most market
dominant products on an annual basis. See 39 CFR
part 3055 subpart A; 39 U.S.C. 3652(a)(2)(i). For
informational purposes, the Postal Service reports
service performance for most market dominant
products on a quarterly basis. See 39 CFR part 3055
subpart B.
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comments received and use those
suggestions to help carry out its service
performance measurement
responsibilities under the PAEA.
Material filed in this docket will be
available for review on the
Commission’s Web site, https://
www.prc.gov.
It is ordered:
1. Docket No. PI2015–1 is established
for the purpose of receiving comments
regarding the Postal Service’s proposed
service performance measurement
systems.
2. A technical conference will be held
in the Commission’s hearing room at 10
a.m. on March 5, 2015, where the Postal
Service will briefly outline its
proposals, and be available to answer
questions.
3. Interested persons may submit
written comments on any or all aspects
of the Postal Service’s proposed service
performance measurement and
reporting systems no later than March
26, 2015.
4. Reply comments may be filed by no
later than April 8, 2015.
5. Lyudmila Y. Bzhilyanskaya is
designated to represent the interests of
the general public in this docket.
6. The Secretary shall arrange for
publication of this notice in the Federal
Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2015–02131 Filed 2–3–15; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74174; File No. SR–NYSE–
2015–04]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change With the
Proposed Amendment of the Restated
Certificate of Incorporation of
Exchange Subsidiary NYSE
Regulation, Inc.
January 29, 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 January
21, 2015, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
1 15
2 17
E:\FR\FM\04FEN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
04FEN1
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices
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.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes amendment
of the Restated Certificate of
Incorporation (the ‘‘Current Restated
Certificate’’) of the Exchange’s
subsidiary, NYSE Regulation, Inc., a
New York not-for-profit corporation
(‘‘NYSE Regulation’’), to make
corrections as requested by the
Department of State of the State of New
York (the ‘‘Department’’). The text of the
proposed rule change is available on the
Exchange’s Web site at www.nyse.com,
at the principal office of the Exchange,
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
mstockstill on DSK4VPTVN1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange seeks approval for its
subsidiary NYSE Regulation to modify
the form of Restated Certificate of
Incorporation that it proposes to file
with the Department. In December 2014,
the Commission approved an
amendment and restatement of the
Current Restated Certificate (the
‘‘Amended and Restated Certificate’’)
relating to the termination of NYSE
Group Trust I, a Delaware trust (the
‘‘Trust’’).3 However, in reviewing the
Amended and Restated Certificate, the
Department requested further revisions
prior to accepting the document for
filing. Specifically, under Section
805(b)(4) of the New York Not-For-Profit
3 See Exchange Act Release No. 34–73740 (Dec.
4, 2014) (SR–NYSE–2014–53), 79 FR 73362
(December 10, 2014).
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18:18 Feb 03, 2015
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Corporation Law, the Department
requested that the recitals to the
Amended and Restated Certificate
specify the amendment being made in
the body of the document. The
Department also requested a correction
in a reference to the date of a filing
made with it in 2007.
Under the proposed amendment, the
Amended and Restated Certificate
would be further revised to correct the
date in the fourth recital and to add a
reference to the termination the [sic]
Trust in the sixth recital. The proposed
amendment would not affect the
substance of the Amended and Restated
Certificate.
2. Statutory Basis
The Exchange believes that this filing
is consistent with Section 6(b) of the
Exchange Act,4 in general, and Section
6(b)(5) of the Exchange Act,5 in
particular, because the proposed rule
change summarized herein would be
consistent with and facilitate a
governance and regulatory structure that
is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to, and perfect the
mechanism of a free and open market
and a national market system and, in
general, to protect investors and the
public interest. The enhanced recital
and the correction of the date reference
will provide additional clarity to readers
of the Amended and Restated
Certificate.
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 Exchange Act.
The proposed rule change is not
designed to address any competitive
issue in the U.S. securities markets or
have any impact on competition in
those markets.
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.
4 15
5 15
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
Frm 00105
Fmt 4703
Sfmt 4703
6143
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) of the Act 6 and Rule 19b–
4(f)(6) thereunder.7 Because the
foregoing 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
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 and Rule 19b–
4(f)(6) thereunder.8
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 9 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 10
permits the Commission to 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 proposal may
become operative immediately upon
filing. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because the enhanced recital and the
correction of a date would provide
greater clarity to readers, and immediate
operability would allow the Exchange to
file the Amended and Restated
Certificate, as revised pursuant to this
proposed rule change, with the
Department as soon as possible.
Therefore, the Commission hereby
waives the operative delay and
designates the proposed rule change
operative upon filing.11
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
6 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and 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. The
Exchange has satisfied this requirement.
9 17 CFR 240.19b–4(f)(6).
10 17 CFR 240.19b–4(f)(6)(iii).
11 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
7 17
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04FEN1
6144
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices
investors, or 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.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Jill M. Peterson,
Assistant Secretary.
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:
BILLING CODE 8011–01–P
mstockstill on DSK4VPTVN1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–NYSE–2015–04 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–NYSE–2015–04. 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 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–NYSE–
2015–04, and should be submitted on or
before February 25, 2015.
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18:18 Feb 03, 2015
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[FR Doc. 2015–02108 Filed 2–3–15; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74173; File No. SR–BATS–
2015–06]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change to Amend the Fees
Applicable to Securities Listed on
BATS Exchange, Inc. pursuant to Rule
14.13
January 29, 2015.
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 January
22, 2015, BATS Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BATS’’) 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange filed a proposal to
amend the fees applicable to securities
listed on the Exchange pursuant to
BATS Rule 14.13. Changes to the
Exchange’s fees pursuant to this
proposal are effective upon filing.
Changes to the fee schedule pursuant to
this proposal are effective upon filing.
The text of the proposed rule change
is available at the Exchange’s Web site
at https://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
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
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
On August 30, 2011, the Exchange
received approval of rules applicable to
the qualification, listing, and delisting
of companies on the Exchange,3 which
it modified on February 8, 2012 in order
to adopt pricing for the listing of
exchange traded products (‘‘ETPs’’)4 on
the Exchange,5 which it subsequently
modified again on June 4, 2014,6 and
October 16, 2014.7 The Exchange
proposes to modify Rule 14.13, entitled
‘‘Company Listing Fees,’’ to modify how
the Exchange administers the billing of
the application fee applicable to the
listing of ETPs to more closely align
with the Exchange’s typical billing
cycle, which is administered on a
monthly basis. Currently, the issuer of
an ETP is required to pay the $5,000
application fee to the Exchange with the
application to list the ETP on the
Exchange. The Exchange is proposing to
amend the language in Rule
14.13(b)(1)(C) such that the application
fee for ETPs becomes billable to the
issuer for the month during which the
ETP is first listed on the Exchange. As
proposed, instead of requiring the
Exchange to take payment without
issuing any bill, the Exchange would
bill application fees to issuers on a
monthly basis, which is in line with
how the Exchange applies most other
aspects of its billing. The Exchange
notes that it is not proposing to amend
the $5,000 application fee for ETPs.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder that
3 See Securities Exchange Act Release No. 65225
(August 30, 2011) 76 FR 55148 (September 6, 2011)
(SR–BATS–2011–018).
4 As defined in BATS Rule 11.8(e)(1)(A), the term
‘‘ETP’’ means any security listed pursuant to
Exchange Rule 14.11.
5 See Securities Exchange Act Release No. 66422
(February 17, 2012) 77 FR 11179 (February 24,
2012) (SR–BATS–2012–010).
6 See Securities Exchange Act Release No. 72377
(June 12, 2014) 79 FR 34822 (June 18, 2014) (SR–
BATS–2014–024).
7 See Securities Exchange Act Release No. 73414
(October 23, 2014) 79 FR 64434 (October 29, 2014)
(SR–BATS–2014–050)
E:\FR\FM\04FEN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6142-6144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02108]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74174; File No. SR-NYSE-2015-04]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
With the Proposed Amendment of the Restated Certificate of
Incorporation of Exchange Subsidiary NYSE Regulation, Inc.
January 29, 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 January 21, 2015, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in
[[Page 6143]]
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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes amendment of the Restated Certificate of
Incorporation (the ``Current Restated Certificate'') of the Exchange's
subsidiary, NYSE Regulation, Inc., a New York not-for-profit
corporation (``NYSE Regulation''), to make corrections as requested by
the Department of State of the State of New York (the ``Department'').
The text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange seeks approval for its subsidiary NYSE Regulation to
modify the form of Restated Certificate of Incorporation that it
proposes to file with the Department. In December 2014, the Commission
approved an amendment and restatement of the Current Restated
Certificate (the ``Amended and Restated Certificate'') relating to the
termination of NYSE Group Trust I, a Delaware trust (the ``Trust'').\3\
However, in reviewing the Amended and Restated Certificate, the
Department requested further revisions prior to accepting the document
for filing. Specifically, under Section 805(b)(4) of the New York Not-
For-Profit Corporation Law, the Department requested that the recitals
to the Amended and Restated Certificate specify the amendment being
made in the body of the document. The Department also requested a
correction in a reference to the date of a filing made with it in 2007.
---------------------------------------------------------------------------
\3\ See Exchange Act Release No. 34-73740 (Dec. 4, 2014) (SR-
NYSE-2014-53), 79 FR 73362 (December 10, 2014).
---------------------------------------------------------------------------
Under the proposed amendment, the Amended and Restated Certificate
would be further revised to correct the date in the fourth recital and
to add a reference to the termination the [sic] Trust in the sixth
recital. The proposed amendment would not affect the substance of the
Amended and Restated Certificate.
2. Statutory Basis
The Exchange believes that this filing is consistent with Section
6(b) of the Exchange Act,\4\ in general, and Section 6(b)(5) of the
Exchange Act,\5\ in particular, because the proposed rule change
summarized herein would be consistent with and facilitate a governance
and regulatory structure that is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to, and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The enhanced recital and the
correction of the date reference will provide additional clarity to
readers of the Amended and Restated Certificate.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. The proposed rule
change is not designed to address any competitive issue in the U.S.
securities markets or have any impact on competition in those markets.
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) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\ Because
the foregoing 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 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 and Rule 19b-4(f)(6) thereunder.\8\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f)(6).
\8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and 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. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \9\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the
Commission to 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 proposal may become operative immediately upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because the enhanced recital and the correction of a date would provide
greater clarity to readers, and immediate operability would allow the
Exchange to file the Amended and Restated Certificate, as revised
pursuant to this proposed rule change, with the Department as soon as
possible. Therefore, the Commission hereby waives the operative delay
and designates the proposed rule change operative upon filing.\11\
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\9\ 17 CFR 240.19b-4(f)(6).
\10\ 17 CFR 240.19b-4(f)(6)(iii).
\11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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
[[Page 6144]]
investors, or 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSE-2015-04 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-NYSE-2015-04. 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 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-NYSE-2015-04, and should be
submitted on or before February 25, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-02108 Filed 2-3-15; 8:45 am]
BILLING CODE 8011-01-P
