[Federal Register Volume 77, Number 226 (Friday, November 23, 2012)]
[Notices]
[Pages 70197-70198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28353]



[[Page 70197]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68244; File No. SR-NYSEMKT-2012-63]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Amending NYSE MKT Rule 
123C--Equities To Add New Supplementary Material .40 To Clarify That 
All Times Specified in Rule 123C--Equities Are Adjusted When the 
Scheduled Close of Trading Is Before 4:00 p.m.

November 15, 2012.
    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 November 6, 2012, NYSE MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Item I below, 
which Item has been prepared by the Exchange. The Exchange filed the 
proposal as a ``non-controversial'' proposed rule change pursuant to 
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) 
thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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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 NYSE MKT Rule 123C--Equities to add 
new Supplementary Material .40 to clarify that all times specified in 
Rule 123C--Equities are adjusted when the scheduled close of trading is 
before 4:00 p.m. 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend NYSE MKT Rule 123C--Equities (``Rule 
123C'') to add new Supplementary Material .40 to clarify that all times 
specified in Rule 123C are adjusted when the scheduled close of trading 
is before 4:00 p.m.\5\
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    \5\ The Exchange notes that parallel changes are proposed to be 
made to the rules of New York Stock Exchange LLC. See SR-NYSE-2012-
62.
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    Pursuant to Rule 51, except as may be otherwise determined by the 
Board of Directors as to particular days, the Exchange shall be open 
for the transaction of business on every business day for a 9:30 a.m. 
to 4:00 p.m. trading session. Each year, the Exchange announces which 
trading days shall have an early scheduled close. For example, for the 
years 2012, 2013, and 2014, the Exchange has announced an early 
scheduled close of 1:00 p.m. for the day after Thanksgiving, on 
December 24, and on July 3.\6\
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    \6\ See http://usequities.nyx.com/markets/holidays-and-hours/nyse.
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    Rule 123C specifies a number of times that are keyed off of the 
4:00 p.m. closing time. For example, Rule 123C(1)(b) defines an 
Informational Imbalance Publication that is disseminated between 3:00 
p.m. and 3:45 p.m.; Rule 123C(2) discusses order entry for MOC, LOC, 
and CO Orders before and after 3:45 p.m. However, these sections of the 
rule do not specify what happens in the case of an early scheduled 
close. Some subsections of Rule 123C specify what time is applicable 
when there is an early scheduled close. For example, Rule 123C(6)(a)(v) 
specifies that on any day that the scheduled close of trading on the 
Exchange is earlier than 4:00 p.m., the dissemination of Order 
Imbalance Information prior to the closing transaction will commence 
approximately 15 minutes before the scheduled close of trading.
    The Exchange notes that even if not specified, all times in Rule 
123C are adjusted when there is an early scheduled close. Accordingly, 
the Exchange proposes to add new Supplementary Material .40 to Rule 
123C to clarify that if not otherwise specified, when the scheduled 
close of trading is before 4:00 p.m., the times specified in the Rule 
shall be adjusted based on the early scheduled closing time and 
references to 4:00 p.m. shall mean the early scheduled close, 3:00 p.m. 
shall mean one hour before the early scheduled close, 3:45 p.m. shall 
mean 15 minutes before the early scheduled close, 3:55 p.m. shall mean 
five minutes before the early scheduled close, and 3:58 p.m. shall mean 
two minutes before the early scheduled close.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \7\ of the 
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers 
the objectives of Section 6(b)(5),\8\ 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, and it is not designed to 
permit unfair discrimination among customers, brokers, or dealers. In 
particular, the Exchange believes that adding new Supplementary 
Material .40 to clarify that all times specified in Rule 123C are 
adjusted in the case of an early scheduled close removes impediments to 
and perfects the mechanism of a free and open market and national 
market system because it provides transparency in Exchange rules of how 
times are adjusted in Rule 123C in the case of an early scheduled 
close.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 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.

[[Page 70198]]

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, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
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    The Exchange asked the Commission to waive the 30-day operative 
delay period for non-controversial proposed rule changes to allow the 
proposed rule change to be operative upon filing.\11\
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    \11\ 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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    The Commission believes it is consistent with the public interest 
to waive the 30-day operative delay. Waiver of the operative delay will 
allow for the implementation of the amended rules prior to the next 
early scheduled close, November 23, 2012, which is the day after 
Thanksgiving, thereby providing additional clarity in the rules and 
reduce any potential confusion regarding how the times specified in 
Rule 123C are handled when there is an early scheduled close. The 
Commission, therefore, grants such waiver and designates the proposal 
operative upon filing.\12\
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    \12\ 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 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.

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-2012-63 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-NYSEMKT-2012-63. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEMKT-2012-63 and should 
be submitted on or before December 14, 2012.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\

    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-28353 Filed 11-21-12; 8:45 am]
BILLING CODE 8011-01-P