[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Notices]
[Pages 42573-42577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16936]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69963; File No. SR-NYSE-2013-49]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Several NYSE Rules To Reflect Changes to Rules and Adopt Guidance 
of the Financial Industry Regulatory Authority

July 10, 2013.
    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 June 26, 2013, 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 Items I, II, 
and III below, which Items have been substantially prepared by the 
Exchange. The Commission is publishing this notice to solicit

[[Page 42574]]

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 (2013).
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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 and adopt several NYSE rules \3\ to 
reflect changes to rules of the Financial Industry Regulatory Authority 
(``FINRA''). Specifically, the Exchange proposes to: (1) Amend Rule 
8210 to conform to changes recently adopted by FINRA for FINRA Rule 
8210, which concerns the provision of information and testimony and 
inspection and copying of books and records; (2) adopt certain FINRA 
guidance on the Rule 8000-9000 Series; and (3) amend Rule 8320 with 
respect to the non-payment of fines. The text of the proposed rule 
changes 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.
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    \3\ All references to rules herein are to NYSE rules, unless 
otherwise specified.
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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 changes and 
discussed any comments it received on the proposed rule changes. 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: (1) Amend Rule 8210 to conform it to 
changes recently adopted by FINRA for FINRA Rule 8210, which concerns 
the provision of information and testimony and inspection and copying 
of books and records; (2) adopt certain FINRA guidance on the Rule 
8000-9000 Series; and (3) amend Rule 8320 with respect to the non-
payment of fines.
Background
    On July 30, 2007, the National Association of Securities Dealers, 
Inc. (``NASD''), NYSE, and NYSE Regulation, Inc. (``NYSER'') 
consolidated their member firm regulation operations into a combined 
organization, FINRA, and entered into a plan to allocate to FINRA 
regulatory responsibility for common rules and common members (``17d-2 
Agreement'').\4\ In 2007, the parties also entered into a Regulatory 
Services Agreement (``RSA''), whereby FINRA was retained to perform 
certain regulatory services on behalf of NYSER for non-common rules. On 
June 14, 2010, the Exchange, NYSER, and FINRA amended the RSA and 
retained FINRA to perform the market surveillance and enforcement 
functions that had previously been performed by NYSER up to that 
point.\5\ Accordingly, since June 14, 2010, FINRA has been performing 
all NYSE enforcement-related regulatory services on behalf of NYSER, 
including disciplinary proceedings relating to NYSE-only rules and 
against dual members and non-FINRA members. To facilitate FINRA's 
performance of these enforcement functions under the RSA and to further 
harmonize the rules of NYSE with those of FINRA, NYSE recently adopted 
the text of the FINRA Rule 8000-9000 Series, which set forth rules for 
conducting investigations and enforcement actions, with certain 
modifications.\6\ The new rules were implemented on July 1, 2013.\7\
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    \4\ See Securities Exchange Act Release No. 56148 (July 26, 
2007), 72 FR 42146 (Aug. 1, 2007) (File No. 4-544) (Notice of Filing 
and Order Approving and Declaring Effective a Plan for the 
Allocation of Regulatory Responsibilities). The 17d-2 Agreement was 
entered into in accordance with the requirements of Rule 17d-2 of 
the Commission, which permits self-regulatory organizations to 
allocate regulatory responsibilities with respect to common members 
and common rules. See 17 CFR 240.17d-2 (2013).
    \5\ See Securities Exchange Act Release No. 62355 (June 22, 
2010), 75 FR 36729 (June 28, 2010) (SR-NYSE-2010-46).
    \6\ See Securities Exchange Act Release Nos. 68678 (Jan. 16, 
2013), 78 FR 5213 (Jan. 24, 2013) (SR-NYSE-2013-02), and 69045 (Mar. 
5, 2013), 78 FR 15394 (Mar. 11, 2013).
    \7\ See NYSE Information Memorandum 13-8 (May 24, 2013).
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Proposed Rule Change
    FINRA recently amended FINRA Rule 8210, effective February 25, 
2013.\8\ The Exchange proposes to amend the text of Rule 8210 to 
conform to FINRA Rule 8210. The Exchange's Rule 8210 became operative 
on July 1, 2013, which was the date that the Exchange had announced as 
the operative date of the Rule 8000-9000 Series.\9\ The text of the 
rule is substantially the same as the text of FINRA's rule, except for 
technical and conforming amendments.\10\
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    \8\ See Securities Exchange Act Release No. 68386 (Dec. 7, 
2012), 77 FR 74253 (Dec. 13, 2012) (SR-FINRA-2009-060) and FINRA 
Regulatory Notice 13-06. When the Exchange submitted the Notice to 
the Commission, FINRA had not yet announced the effective date of 
the amendments to FINRA Rule 8210.
    \9\ See supra note 7.
    \10\ The Exchange uses the terms member organization and covered 
person rather than member and associated person, which FINRA uses. 
The term covered person includes anyone subject to the Exchange's 
jurisdiction. See Notice, supra note 6, at 5219-5220. Also, unlike 
FINRA, the Exchange does not enforce Municipal Securities Rulemaking 
Board rules, so reference to those rules is not included in the 
Exchange's text.
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    Rule 8210 confers on Exchange staff the authority to compel a 
member organization or covered person to produce documents, provide 
testimony, or supply written responses or electronic data in connection 
with an investigation, complaint, examination, or adjudicatory 
proceeding. The proposed rule change would clarify the scope of the 
Exchange's authority under the rule to inspect and copy the books, 
records, and accounts of such member organizations or covered persons, 
specify the method of service for certain unregistered persons under 
the rule, and authorize service on attorneys who are representing 
clients.
    Rule 8210 applies to all member organizations and covered persons 
over whom the Exchange has jurisdiction, including former covered 
persons subject to the Exchange's jurisdiction as described in Rule 
8130. Rule 8210(c) provides that a member organization's or covered 
person's failure to provide information or testimony or to permit an 
inspection and copying of books, records, or accounts is a violation of 
the rule.
Information in a Member Organization's or Covered Person's Possession, 
Custody or Control
    Rule 8210(a)(2) currently provides that Exchange staff shall have 
the right to inspect and copy the books, records, and accounts of all 
member organizations and covered persons with respect to any matter 
involved in an investigation, complaint, examination, or proceeding. 
The proposed rule change would clarify that the information that 
Exchange staff shall have the right to inspect and copy must be in the 
member organization's or covered person's ``possession, custody or 
control.'' This language parallels the Federal Rules of Civil Procedure 
regarding document requests and subpoenas for documents.\11\
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    \11\ See Fed. R. Civ. P. 34.
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Notice to Associated but Unregistered Persons
    Rule 8210 addresses the legal concept of service of a written 
request by using the term ``notice'' of a request. Currently, Rule 
8210(d) states that, with

[[Page 42575]]

respect to member organizations and covered persons, notice shall be 
deemed received by the member organization or covered person when a 
copy of the notice is mailed or otherwise transmitted to the last known 
relevant address of the member organization or covered person as 
reflected in the Central Registration Depository (``CRD''). The CRD 
system contains information concerning registered member organizations 
and certain covered persons,\12\ but in most instances it does not 
contain information concerning unregistered persons who are or were 
associated with a member organization.\13\
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    \12\ Member organizations and registered persons will have an 
affirmative duty to update CRD with their current address for at 
least two years after they have had their registration terminated. 
See infra note 18.
    \13\ In some limited instances, CRD may contain information 
concerning unregistered persons who were required to submit 
information, including fingerprint information, to CRD in connection 
with their employment.
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    Although not routine, some investigations require Exchange 
examiners or investigators to request information from persons 
currently or formerly associated with a member organization in an 
unregistered capacity.\14\ The current rule is unclear as to what would 
constitute proper notice on such persons for whom information is not 
available in CRD. The proposed rule change would explicitly address the 
methods by which notice would be deemed received by persons currently 
or formerly associated with a member organization in an unregistered 
capacity.
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    \14\ Unregistered persons may include persons exempt from 
registration, e.g., personnel performing the mechanical function of 
recording an order and passing it along the usual communication 
channels, telephoning reports of executions or reading quotations 
when the person handling the account is unavailable. See NYSE 
Interpretation Handbook, Rule 345(a)/01. For purposes of Rule 8210, 
unregistered persons associated with a member organization may also 
include direct owners and executive officers listed in Schedule A of 
Form BD of a member organization whose job functions do not 
otherwise require them to register; such persons would fall under 
the definition of covered person. See Rule 9120(g).
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    With respect to unregistered persons currently associated with a 
member organization, the proposed rule change would provide that notice 
shall be deemed received by mailing or otherwise transmitting the 
notice to the last known business address of the member organization as 
reflected in CRD. In addition, the proposed rule change would retain 
the provision that if Exchange staff responsible for transmitting the 
notice has actual knowledge that the member organization's address 
provided through CRD is out of date or inaccurate, then a copy of the 
notice must be transmitted to both the address provided through CRD, as 
well as any more current address known to Exchange staff.
    With respect to unregistered persons formerly associated with a 
member organization, the proposed rule change would provide that notice 
shall be deemed received upon personal service, which is described in 
Rule 9134(a)(1).\15\ FINRA Rule 9134(a)(1) is based on traditional 
concepts for serving a summons under Rule 4 of the Federal Rules of 
Civil Procedure.\16\
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    \15\ Rule 9134(a)(1) provides that personal service may be 
accomplished by handing a copy of the papers to the person required 
to be served, leaving a copy at the person's office with an employee 
or other person in charge thereof, or leaving a copy at the person's 
dwelling or usual place of abode with a person of suitable age and 
discretion then residing therein.
    \16\ See Fed. R. Civ. P. 4.
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Notice to Member Organizations and Covered Persons Represented by 
Counsel
    The proposed rule change would amend Rule 8210(d) to explicitly 
address issues of service on member organizations or covered persons 
that are known to be represented by counsel. Currently, the rule does 
not explicitly permit Exchange staff to serve notice on a member 
organization's or covered person's counsel in situations in which 
Exchange staff knows that the member organization or covered person is 
represented by counsel regarding the matter in question. The proposed 
rule change would allow Exchange staff to recognize that counsel can 
act as an authorized agent on behalf of a member organization or 
covered person. It would provide that, if Exchange staff knows that a 
member organization or covered person is represented by counsel 
regarding the matter in question, then notice shall be provided to 
counsel rather than to the member organization or covered person. The 
proposed rule change would harmonize the Exchange's rule in this regard 
with Codes of Professional Conduct in many states regarding service on 
counsel.\17\
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    \17\ See, e.g., American Bar Association model Rule of 
Professional Conduct 4.2 (``ABA Rule 4.2''). ABA Rule 4.2 provides: 
``In representing a client, a lawyer shall not communicate about the 
subject of the representation with a person the lawyer knows to be 
represented by another lawyer in the matter, unless the lawyer has 
the consent of the other lawyer or is authorized to do so by law or 
a court order.'' Id. Many states have rules regarding communication 
with a person represented by counsel that are based on ABA Rule 4.2.
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Supplementary Material
    The proposed rule change would add supplementary material to Rule 
8210. The supplementary material would state that Rule 8210 requires 
Exchange member organizations and covered persons to provide Exchange 
staff and adjudicators with requested books, records, and accounts. In 
specifying the books, records and accounts ``of such member 
organization or covered person,'' paragraph (a) of the rule refers to 
books, records, and accounts that the broker-dealer or its associated 
persons make or keep relating to its operation as a broker-dealer or 
relating to the person's association with the member. This includes but 
is not limited to records relating to an Exchange investigation of 
outside business activities, private securities transactions or 
possible violations of just and equitable principles of trade, as well 
as other Exchange rules and the federal securities laws. It does not 
ordinarily include books and records that are in the possession, 
custody or control of a member organization or covered person, but 
whose bona fide ownership is held by an independent third party and the 
records are unrelated to the business of the member organization. The 
rule requires, however, that an Exchange member organization or covered 
person make available its books, records, or accounts when the books, 
records, or accounts are in the possession of another person or entity, 
such as a professional service provider, but the Exchange member 
organization or covered person controls or has a right to demand them.
Adoption of FINRA Guidance
    The Exchange has determined that all interpretive guidance issued 
by FINRA with respect to the Rule 8000-9000 Series for which the 
Exchange has adopted substantially the same rule text would be equally 
applicable in NYSE investigations and disciplinary proceedings as a 
stated policy and practice of the Exchange.\18\ The Exchange notes that 
it has not adopted the text of certain FINRA rules, which

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are marked ``Reserved'' in the Exchange's rulebook. The text of Rule 
9217 and the Rule 9300 Series are not substantially the same as FINRA's 
counterpart rules because the Exchange has retained its own list of 
minor rule violations and its own appellate process. As such, FINRA 
guidance concerning such rules and ``Reserved'' rules would not be 
applicable. The Exchange believes that this policy and practice would 
help ensure that there is consistency in the application of 
substantially similar rules.
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    \18\ See, e.g., FINRA Rule 8210 Frequently Asked Questions, 
available at http://www.finra.org/web/groups/industry/@ip/@reg/@guide/documents/industry/p250124.pdf; Notice to Members 99-77 
(noting that requests for information and disciplinary complaints 
issued during the period of retained jurisdiction will be mailed to 
a person's last address in CRD, and thus there is an affirmative 
duty to update CRD with a current address for at least two years 
after a member organization or registered person has had its 
registration terminated); Notice to Members 04-19 (noting that a 
minor rule violation letter may be appropriate to address more than 
one violation in a single action, and in cases where two or more 
rule violations are disposed of in one letter, the maximum penalty 
will be $2,500); Regulatory and Compliance Alerts, Vol. 12, No. 4, 
Winter 1998 (allowing respondents to submit a ``Correction Action 
Statement'' and ``Mitigation Statement'' with an executed 
acceptance, waiver, and consent letter).
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Amendment to Rule 8320
    To facilitate the transition from the Exchange's former 
disciplinary rules to the new FINRA-based disciplinary rules, the 
Exchange amended Rule 309 to provide that any member, member 
organization or principal executive who fails to pay a fee or any other 
sums due to the Exchange, within 45 days after the same is payable, 
shall be reported to the Chief Financial Officer of the Exchange or 
designee who, after notice has been given to such member, member 
organization or principal executive of such arrearages, may suspend 
access to some or all of the facilities of the Exchange until payment 
is made. The rule provides an exception for failing to pay a fine 
levied in connection with a disciplinary action, which would be 
governed by Rule 8320. Rule 8320 permits summary suspensions for the 
non-payment of fines, monetary sanctions, and costs.
    Rule 8320 cross-references to sanctions imposed under Rule 8310, 
which in turn references sanctions imposed under the Rule 9000 Series. 
The Exchange notes that if a disciplinary action was ongoing at the 
time that the Rule 9000 Series became effective on July 1, 2013, it 
would be concluded under Rule 476. To prevent any potential gap in the 
rules and clarify the transitional rules, the Exchange proposes to 
amend Rule 8320 to add a new paragraph (d) that would provide that the 
Exchange may exercise the authority set forth in Rule 8320 with respect 
to non-payment of a fine, monetary sanction, or cost assessed in a 
disciplinary action initiated under Rule 476 for which a decision was 
issued on or after July 1, 2013.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with Section 6(b) of the Act,\19\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\20\ in particular, in that 
the proposal 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, and to remove impediments to 
and perfect the mechanism of a free and open market and a national 
market system. In addition, the Exchange believes that the proposed 
rule changes further the objectives of Section 6(b)(7) of the Act,\21\ 
in particular, in that it provides fair procedures for the disciplining 
of members \22\ and persons associated with members, the denial of 
membership to any person seeking membership therein, the barring of any 
person from becoming associated with a member thereof, and the 
prohibition or limitation by the Exchange of any person with respect to 
access to services offered by the Exchange or a member thereof.
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    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
    \21\ 15 U.S.C. 78f(b)(7).
    \22\ The Exchange's equivalent to the term member in this 
context is member organization.
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    The proposed change to Rule 8210 would provide greater 
harmonization between Exchange and FINRA rules of similar purpose, 
resulting in greater uniformity in investigative rules and less 
burdensome and more efficient regulatory compliance. As previously 
noted, the proposed rule text is substantially the same as FINRA's 
recently adopted rule text, which already has been approved by the 
Commission.\23\ As such, the proposed rule change would foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities and would remove impediments to and perfect 
the mechanism of a free and open market and a national market system.
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    \23\ See supra note 8.
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    The proposed change to Rule 8320 would prevent any potential gap in 
the rules concerning non-payment of fines, monetary sanctions, and 
costs and clarify the transition from the old to the new disciplinary 
rules. The Exchange believes that the proposed rule change will provide 
respondents with better notice of potential sanctions, thereby 
improving the fairness of its disciplinary proceedings.

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

    The Exchange does not believe that the proposed rule change would 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The proposed 
rule change is not designed to address any competitive issues but 
rather is designed to provide greater harmonization among Exchange and 
FINRA rules of similar purpose for investigations, resulting in less 
burdensome and more efficient regulatory compliance for common members 
and facilitating FINRA's performance of its regulatory functions under 
the RSA. The proposed rule changes are also intended to provide greater 
clarity and notice to respondents during the transition from the old 
disciplinary rules to the new disciplinary rules.

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.

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\24\ and Rule 19b-4(f)(6) thereunder.\25\ 
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.
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    \24\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \25\ 17 CFR 240.19b-4(f)(6) (2013). In addition, Rule 19b-
4(f)(6) requires the Exchange to give the Commission written notice 
of the Exchange's intent to file the proposed rule change, along 
with a brief description and 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.
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    A proposed rule change filed under Rule 19b-4(f)(6) \26\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\27\ 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 proposal 
may become operative immediately upon filing. The Exchange stated its 
belief that this proposal is non-controversial

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and will not significantly affect the protection of investors because 
the Exchange is not proposing any substantive changes and is merely 
amending its rule text to mirror FINRA's rules. Further, the Commission 
has previously considered the amendments to FINRA Rule 8210, which this 
proposed rule change mirrors, as well as comments responding to the 
amendments to FINRA Rule 8210.\28\ Based on the Exchange's statements 
and the Commission's previous experiences with FINRA Rule 8210 
amendments, the Commission believes that waiving the operative delay is 
consistent with the protection of investors and the public interest. 
Accordingly, the Commission hereby grants the Exchange's request and 
waives the 30-day operative delay.\29\
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    \26\ 17 CFR 240.19b-4(f)(6) (2013).
    \27\ 17 CFR 240.19b-4(f)(6)(iii) (2013).
    \28\ See Securities Exchange Act Release No. 68386 (Dec. 7, 
2012), 77 FR 74253 (Dec. 13, 2012) (SR-FINRA-2009-060). FINRA 
initially filed its proposed rule change to FINRA Rule 8210 with the 
Commission on September 10, 2009. The proposed rule change was 
published for comment in the Federal Register on October 22, 2009. 
See Exchange Act Release No. 60836 (Oct. 16, 2009), 74 FR 54614 
(Oct. 22, 2009). The Commission received seven comment letters on 
the proposed rule change. See Securities Exchange Act Release No. 
68386 (Dec. 7, 2012), 77 FR 74253 (Dec. 13, 2012) (SR-FINRA-2009-
060). On December 22, 2009, FINRA filed a letter with the Commission 
responding to these comments, and on December 21, 2011, FINRA filed 
Amendment No. 1 with the Commission to further respond to the 
comments and to propose amendments in response. See letter from Stan 
Macel, Assistant General Counsel, Regulatory Policy and Oversight, 
FINRA, to Elizabeth M. Murphy, Secretary, SEC, dated December 22, 
2009, available at http://www.sec.gov/comments/sr-finra-2009-060/finra2009060.shtml. On December 5, 2012, FINRA filed Amendment No. 2 
with the Commission to modify a phrase that was included in 
Amendment No. 1. The Commission published notice of the filing on 
December 7, 2012 and solicited comments on Amendments Nos. 1 and 2. 
See Securities Exchange Act Release No. 68386 (Dec. 7, 2012), 77 FR 
74253 (Dec. 13, 2012) (SR-FINRA-2009-060). The Commission did not 
receive comments in response to the amendments.
    \29\ For purposes only of waiving the 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 No. SR-NYSE-2013-49 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 No. SR-NYSE-2013-49. 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 No. SR-NYSE-2013-49 and should be 
submitted on or before August 6, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\30\
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    \30\ 17 CFR 200.30-3(a)(12) (2013).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-16936 Filed 7-15-13; 8:45 am]
BILLING CODE 8011-01-P