Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 132-Equities To Delete Supplementary Material .40 Requiring Members Effecting Transactions on the Equities Trading Floor to Submit Certain Data Elements and Badge Information and to Make a Conforming Change, 76333-76335 [2015-30837]
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Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices
76333
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ACCESS STRATEGIC ADVISORY GROUP, LLC.
ARNOTT CAPITAL PTY LTD.
KPDN INC.
FUTURE VALUE CONSULTANTS LIMITED.
FGS CAPITAL LLP.
CENTINELA CAPITAL PARTNERS, LLC.
MAP ALTERNATIVE ASSET MANAGEMENT COMPANY, LLC.
INSIGHT ONSITE STRATEGIC MANAGEMENT LLC.
GARY EUGENE GIBBONS DBA THE COLERIDGE GROUP.
NEW SOURCE MEDIA ADVISOR, LLC.
CMA ADVISORY GROUP, LLC.
CASICO, LLC.
RCG PARTNERS.
STAMBOULI MANAGEMENT CORP.
OPTIMIZE CAPITAL.
BATTENKILL CAPITAL MANAGEMENT, INC.
EXCALIBUR MANAGEMENT, LLC.
MEDITRON ASSET MANAGEMENT, LLC.
CAMELOT ACQUISITION SECONDARY OPPORTUNITIES MANAGEMENT, LLC.
HARPER ASSOCIATES, LLC.
FX CONCEPTS, LLC.
CUSTOM FINANCIAL SERVICES, LLC.
VALLEY FORGE MANAGEMENT CORP.
PAUL–ELLIS INVESTMENT ASSOCIATES.
YORKSHIRE CAPITAL MANAGEMENT LLC.
WILLIAMS CAPITAL STRATEGIES LLC.
NICHOLS CONSULTING.
PURCELL ADVISORY SERVICES, LLC.
PETROFF INSTITUTIONAL.
VASQUEZ & CO.
BILLING CODE 8011–01–P
solicit comments on the proposed rule
change from interested persons.
SECURITIES AND EXCHANGE
COMMISSION
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
[FR Doc. 2015–30838 Filed 12–7–15; 8:45 am]
[Release No. 34–76540; File No. SR–
NYSEMKT–2015–97]
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Rule 132—
Equities To Delete Supplementary
Material .40 Requiring Members
Effecting Transactions on the Equities
Trading Floor to Submit Certain Data
Elements and Badge Information and
to Make a Conforming Change
Lhorne on DSK9F6TC42PROD with NOTICES
December 2, 2015.
Pursuant to section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on November
20, 2015, 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, II, and III below, which Items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
1 15
U.S.C.78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
VerDate Sep<11>2014
14:17 Dec 07, 2015
Jkt 238001
The Exchange proposes to amend
Rule 132—Equities to delete
Supplementary Material .40 requiring
members effecting transactions on the
equities trading Floor (the ‘‘Trading
Floor’’) to submit certain data elements
and badge information and to make a
conforming change. 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.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
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 132—Equities (‘‘Rule 132’’) to
delete Supplementary Material .40,
which requires members to submit
certain data elements and badge
information for transactions effected on
the Trading Floor and to make a
conforming change.
Rule 132 requires clearing member
organizations submitting a transaction
to comparison to include the audit trail
data elements set forth in
Supplementary Material .30, including a
specification of the account type for
which the transaction was effected
according to defined account categories.
Consistent with this requirement,
Supplementary Material .40 requires
members 4 effecting transactions on the
Trading Floor as agent or otherwise to
supply these audit trail data elements to
their clearing member organization and
to promptly provide the reporter in the
Crowd (or other designated Exchange
representative) with the member’s
broker badge number or alpha symbol.
The Exchange proposes to delete Rule
132.40 as obsolete. Rule 132.40 was
4 Under Rule 2(a), a member is a natural person
associated with a member organization and in the
context of Rule 132.40, refers to Floor brokers only.
E:\FR\FM\08DEN1.SGM
08DEN1
76334
Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices
Lhorne on DSK9F6TC42PROD with NOTICES
adopted at a time when manual
transactions on the Trading Floor were
recorded on paper order tickets. The
rule was designed to improve trade
documentation and ensure that broker
badge information was captured
correctly for Crowd trades (i.e., verbal
executions between two Floor brokers or
between a Floor broker and a specialist).
Currently, however, all information
regarding transactions at the Exchange,
including the audit trail data elements
of Rule 132.30 and badge information
for manual transactions, is captured and
transmitted electronically by Exchange
systems. Because these data elements no
longer need to be separately submitted
by members, Rule 132.40 is obsolete and
therefore can be deleted.
The Exchange also proposes to amend
Rule 476A, which sets forth the list of
rules under which a member
organization or covered person may be
subject to a fine in lieu of the Exchange
commencing a disciplinary proceeding
under Rule 476. Rule 476A permits a
summary fine for failures to collect and/
or submit all audit trail data specified in
Rule 132. The Exchange proposes to
delete the clause ‘‘and/or submit’’ to
reflect elimination of the submission
requirement set forth in Supplementary
Material .40 of Rule 132. The Exchange
believes this proposed change will add
transparency and clarity to the
Exchange’s rules.
to the Exchange’s jurisdiction,
regulators, and the investing public can
more easily navigate and understand the
Exchange’s rulebook. The Exchange also
believes that eliminating obsolete rules
would not be inconsistent with the
public interest and the protection of
investors because investors will not be
harmed and in fact would benefit from
increased transparency as to which
rules are operable, thereby reducing
potential confusion. Similarly, the
Exchange believes that removing a
cross-reference to obsolete requirements
would remove impediments to and
perfect the mechanism of a free and
open market because it would reduce
potential confusion that may result from
having such cross references in the
Exchange’s rulebook. Removing such
obsolete cross references will also
further the goal of transparency and add
clarity to the Exchange’s rules.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
section 6(b) of the Act,5 in general, and
furthers the objectives of section 6(b)(5)
of the Act,6 in particular, because it is
designed to prevent fraudulent and
manipulative acts and practices,
promote just and equitable principles of
trade, remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and protect investors and the
public interest. In particular, the
Exchange believes that deleting rule text
relating to a requirement that is
obsolete, i.e., to manually submit and
transmit information that Exchange
systems now capture and transmit
electronically, removes impediments to
and perfects the mechanism of a free
and open market by simplifying its
rulebook and removing confusion that
may result from having obsolete rules in
the Exchange’s rulebook. The Exchange
further believes that the proposal
removes impediments to and perfects
the mechanism of a free and open
market by ensuring that persons subject
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.
U.S.C. 78f(b).
6 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 Act. The
proposed rule change is not intended to
address competitive issues but rather to
eliminate obsolete data submission
requirements for trades on its Trading
Floor.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
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 if
consistent with the protection of
investors and the public interest,
provided that the self-regulatory
organization has given the Commission
written notice of its intent to file 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,7 the proposed rule change
has become effective pursuant to section
5 15
VerDate Sep<11>2014
14:17 Dec 07, 2015
19(b)(3)(A) of the Act 8 and Rule 19b–
4(f)(6) thereunder.9
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under section 19(b)(2)(B) 10 of the Act to
determine whether the proposed rule
change 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 rulecomments@sec.gov. Please include File
Number SR–NYSEMKT–2015–97 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–2015–97. 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.,
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
10 15 U.S.C. 78s(b)(2)(B).
9 17
7 The
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Exchange has fulfilled this requirement.
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E:\FR\FM\08DEN1.SGM
08DEN1
Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Notices
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing will also be available for
inspection and copying at the NYSE’s
principal office and on its Internet Web
site at www.nyse.com. 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–2015–97 and should be
submitted on or before December 29,
2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–30837 Filed 12–7–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Lhorne on DSK9F6TC42PROD with NOTICES
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold an Open Meeting
on Friday, December 11, 2015 at 10:00
a.m., in the Auditorium, Room L–002.
The subject matter of the Open
Meeting will be:
• The Commission will consider
whether to propose a new rule and
amendments to certain proposed forms
related to the use of derivatives by
registered investment companies and
business development companies.
• The Commission will consider
whether to propose rules to require
disclosure of certain payments made to
governments by resource extraction
issuers, as mandated by Section 1504 of
the Dodd-Frank Wall Street Reform and
Consumer Protection Act.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted, or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
Dated: December 4, 2015.
Brent J. Fields,
Secretary.
BILLING CODE 8011–01–P
14:17 Dec 07, 2015
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Thursday, December 10, 2015 at 2:00
p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or her designee, has
certified that, in her opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matter at the Closed Meeting.
Commissioner Stein, as duty officer,
voted to consider the items listed for the
Closed Meeting in closed session.
The subject matter of the Closed
Meeting will be:
Settlement of injunctive actions;
Institution and settlement of
administrative proceedings;
Resolution of litigation claims; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact the Office of the Secretary at
(202) 551–5400.
Dated: December 3, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–30946 Filed 12–4–15; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76538; File No. SR–
NASDAQ–2015–124]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Order
Approving a Proposed Rule Change To
List and Trade Shares of the Active
Alts Contrarian ETF of ETFis Series
Trust I
I. Introduction
On October 19, 2015, The NASDAQ
Stock Market LLC (‘‘Nasdaq’’ or
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
Sunshine Act Meeting
December 2, 2015.
[FR Doc. 2015–31071 Filed 12–4–15; 4:15 pm]
11 17
SECURITIES AND EXCHANGE
COMMISSION
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76335
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Exchange Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to list and trade shares
(‘‘Shares’’) of the Active Alts Contrarian
ETF (‘‘Fund’’) of ETFis Series Trust I
(‘‘Trust’’) under Nasdaq Rule 5735. The
proposed rule change was published for
comment in the Federal Register on
October 29, 2015.3 The Commission
received no comments on the proposal.
This order approves the proposed rule
change.
II. The Exchange’s Description of the
Proposal 4
Nasdaq proposes to list and trade the
Shares under Nasdaq Rule 5735, which
governs the listing and trading of
Managed Fund Shares.5 The Fund will
be an actively-managed exchange-traded
fund (‘‘ETF’’). The Shares will be
offered by the Trust, which was
established as a Delaware series trust on
September 20, 2012.6 The Fund will be
a series of the Trust. Etfis Capital LLC
will be the investment adviser
(‘‘Adviser’’) to the Fund. Active Alts
Inc. will be the investment sub-adviser
to the Fund (‘‘Sub-Adviser’’).7 ETF
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 76245
(Oct. 23, 2015), 80 FR 66594 (‘‘Notice’’).
4 Additional information regarding, among other
things, the Shares, the Fund, its investment
objective, its investments, its investment strategies,
its investment methodology, its fees, its creation
and redemption procedures, availability of
information, trading rules and halts, and
surveillance procedures can be found in the Notice
and in the Registration Statement. See Notice, supra
note 3, and Registration Statement, infra note 6,
respectively.
5 A Managed Fund Share is a security that
represents an interest in an investment company
registered under the Investment Company Act of
1940, as amended (15 U.S.C. 80a–1) (the ‘‘1940
Act’’) organized as an open-end investment
company or similar entity that invests in a portfolio
of securities selected by its investment adviser
consistent with its investment objectives and
policies.
6 The Trust is registered with the Commission as
an investment company and has filed a registration
statement on Form N–1A (‘‘Registration Statement’’)
with the Commission. See Post-Effective
Amendment No. 70 to Registration Statement on
Form N–1A for the Trust, dated Oct. 16, 2015 (File
Nos. 333–187668 and 811–22819). The description
of the Fund and the Shares contained herein is
based, in part, on information in the Registration
Statement. The Commission has issued an order,
upon which the Trust may rely (‘‘Exemptive
Order’’), granting certain exemptive relief to the
investment adviser to the Fund under the 1940 Act.
See Investment Company Act Release No. 30607
(Jul. 23, 2013) (File No. 812–14080).
7 An investment adviser to an open-end fund is
required to be registered under the Investment
Advisers Act of 1940 (‘‘Advisers Act’’). As a result,
2 17
E:\FR\FM\08DEN1.SGM
Continued
08DEN1
]]>Agencies
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Notices]
[Pages 76333-76335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30837]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-76540; File No. SR-NYSEMKT-2015-97]
Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Rule 132--
Equities To Delete Supplementary Material .40 Requiring Members
Effecting Transactions on the Equities Trading Floor to Submit Certain
Data Elements and Badge Information and to Make a Conforming Change
December 2, 2015.
Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on November 20, 2015, 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, II,
and III 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\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Rule 132--Equities to delete
Supplementary Material .40 requiring members effecting transactions on
the equities trading Floor (the ``Trading Floor'') to submit certain
data elements and badge information and to make a conforming change.
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 132--Equities (``Rule 132'') to
delete Supplementary Material .40, which requires members to submit
certain data elements and badge information for transactions effected
on the Trading Floor and to make a conforming change.
Rule 132 requires clearing member organizations submitting a
transaction to comparison to include the audit trail data elements set
forth in Supplementary Material .30, including a specification of the
account type for which the transaction was effected according to
defined account categories. Consistent with this requirement,
Supplementary Material .40 requires members \4\ effecting transactions
on the Trading Floor as agent or otherwise to supply these audit trail
data elements to their clearing member organization and to promptly
provide the reporter in the Crowd (or other designated Exchange
representative) with the member's broker badge number or alpha symbol.
---------------------------------------------------------------------------
\4\ Under Rule 2(a), a member is a natural person associated
with a member organization and in the context of Rule 132.40, refers
to Floor brokers only.
---------------------------------------------------------------------------
The Exchange proposes to delete Rule 132.40 as obsolete. Rule
132.40 was
[[Page 76334]]
adopted at a time when manual transactions on the Trading Floor were
recorded on paper order tickets. The rule was designed to improve trade
documentation and ensure that broker badge information was captured
correctly for Crowd trades (i.e., verbal executions between two Floor
brokers or between a Floor broker and a specialist). Currently,
however, all information regarding transactions at the Exchange,
including the audit trail data elements of Rule 132.30 and badge
information for manual transactions, is captured and transmitted
electronically by Exchange systems. Because these data elements no
longer need to be separately submitted by members, Rule 132.40 is
obsolete and therefore can be deleted.
The Exchange also proposes to amend Rule 476A, which sets forth the
list of rules under which a member organization or covered person may
be subject to a fine in lieu of the Exchange commencing a disciplinary
proceeding under Rule 476. Rule 476A permits a summary fine for
failures to collect and/or submit all audit trail data specified in
Rule 132. The Exchange proposes to delete the clause ``and/or submit''
to reflect elimination of the submission requirement set forth in
Supplementary Material .40 of Rule 132. The Exchange believes this
proposed change will add transparency and clarity to the Exchange's
rules.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\5\ in general, and furthers the
objectives of section 6(b)(5) of the Act,\6\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
promote just and equitable principles of trade, remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and protect investors and the public interest. In
particular, the Exchange believes that deleting rule text relating to a
requirement that is obsolete, i.e., to manually submit and transmit
information that Exchange systems now capture and transmit
electronically, removes impediments to and perfects the mechanism of a
free and open market by simplifying its rulebook and removing confusion
that may result from having obsolete rules in the Exchange's rulebook.
The Exchange further believes that the proposal removes impediments to
and perfects the mechanism of a free and open market by ensuring that
persons subject to the Exchange's jurisdiction, regulators, and the
investing public can more easily navigate and understand the Exchange's
rulebook. The Exchange also believes that eliminating obsolete rules
would not be inconsistent with the public interest and the protection
of investors because investors will not be harmed and in fact would
benefit from increased transparency as to which rules are operable,
thereby reducing potential confusion. Similarly, the Exchange believes
that removing a cross-reference to obsolete requirements would remove
impediments to and perfect the mechanism of a free and open market
because it would reduce potential confusion that may result from having
such cross references in the Exchange's rulebook. Removing such
obsolete cross references will also further the goal of transparency
and add clarity to the Exchange's rules.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 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 Act. The proposed rule change is
not intended to address competitive issues but rather to eliminate
obsolete data submission requirements for trades on its Trading Floor.
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
Because the foregoing proposed rule 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 if consistent with the protection of
investors and the public interest, provided that the self-regulatory
organization has given the Commission written notice of its intent to
file 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,\7\ the proposed rule change has become
effective pursuant to section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------
\7\ The Exchange has fulfilled this requirement.
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\10\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEMKT-2015-97 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-2015-97. 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.,
[[Page 76335]]
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing will also be available
for inspection and copying at the NYSE's principal office and on its
Internet Web site at www.nyse.com. 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-2015-97 and should be submitted on or before
December 29, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30837 Filed 12-7-15; 8:45 am]
BILLING CODE 8011-01-P
