[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Notices]
[Pages 48522-48526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19146]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70099; File No. SR-NYSE-2013-54]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing of Proposed Rule Change To Amend NYSE Rule 49, Which 
Addresses the Exchange's Emergency Powers

August 2, 2013.
    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 July 22, 2013, New York Stock Exchange LLC (``NYSE'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Rule 49, which addresses the 
Exchange's Emergency Powers. 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 proposes to amend NYSE Rule 49, which addresses the 
Exchange's emergency powers. As explained in more detail below, the 
proposed rule change would amend Rule 49 to better delineate the self-
regulatory organization (``SRO'') functions of the Exchange and NYSE 
Arca, Inc. (``NYSE Arca'') during an emergency condition, reflect the 
operational preferences of the industry, and reflect the current 
structure of member organization connectivity to and system coding for 
exchange systems.
Current Rule
    In 2009, the Exchange adopted Rule 49 to provide the Exchange with 
the authority to declare an emergency condition \4\ with respect to 
trading on or through the systems and facilities of the Exchange and to 
act as necessary in the public interest and for the protection of 
investors.\5\ The authority in Rule 49 may be exercised when, due to an 
emergency condition, the Exchange's systems and facilities located at 
11 Wall Street, New York, New York, including the NYSE Trading Floor, 
cannot be utilized. If such an emergency condition is declared, a 
qualified Exchange officer may designate NYSE Arca, the Exchange's 
affiliate, to serve as a backup facility to receive and process bids 
and offers and to execute orders on behalf of the Exchange so that the 
Exchange, as an SRO, can remain operational.\6\ During such an 
emergency condition, NYSE Arca also would continue to operate 
simultaneously. To date, the Exchange has not invoked the rule.
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    \4\ The definition of ``emergency'' is the one used in Section 
12(k)(7) of the Act and is also used by other exchanges and the 
Securities and Exchange Commission (``Commission''). Section 
12(k)(7) defines an emergency to mean ``(A) a major market 
disturbance characterized by or constituting--(i) sudden and 
excessive fluctuations of securities prices generally, or a 
substantial threat thereof, that threaten fair and orderly markets; 
or (ii) a substantial disruption of the safe or efficient operation 
of the national system for clearance and settlement of transactions 
in securities, or a substantial threat thereof; or (B) a major 
disturbance that substantially disrupts, or threatens to 
substantially disrupt--(i) the functioning of securities markets, 
investment companies, or any other significant portion or segment of 
the securities markets; or (ii) the transmission or processing of 
securities transactions.'' 15 U.S.C. Sec.  78l(k)(7).
    \5\ See Securities Exchange Act Release No. 61177 (December 16, 
2009), 74 FR 68643 (December 28, 2009) (SR-NYSE-2009-105).
    \6\ NYSE Arca trades equity securities on the systems and 
facilities of its wholly owned subsidiary, NYSE Arca Equities, Inc., 
referred to as the ``NYSE Arca Marketplace.'' For the purposes of 
this filing and in the text of proposed NYSE Rule 49, these shall be 
referred to collectively as the systems and facilities of NYSE Arca, 
or simply NYSE Arca.
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    Under Rule 49, during the emergency condition, the Exchange would 
halt all trading conducted on the Exchange's systems and facilities. 
Unexecuted orders would remain on the Exchange's systems unless 
cancelled. The Exchange would open trading on the systems and 
facilities of NYSE Arca as soon thereafter as possible, but not earlier 
than at least the next trading day. As soon as practicable following 
the commencement of trading on the systems and facilities of NYSE Arca, 
any unexecuted orders would be purged from the Exchange's own systems 
and facilities.
    Quotes or orders of Exchange-listed securities entered or executed 
on or through the systems and facilities of NYSE Arca would be reported 
to the Consolidated Quotation System (``CQS'') as bids and offers, or 
to the Consolidated Tape Association (``CTA'') as executions, made on 
or through the systems and facilities of the Exchange, not NYSE Arca. 
Members and member organizations would be required to have contingency 
plans for changing the routing instructions for their order entry 
systems and to take such other appropriate actions as instructed by the 
Exchange to accommodate the use of the systems and facilities of NYSE 
Arca to trade Exchange-listed securities.
    Exchange members, member organizations and Sponsored Participants 
would be permitted to enter bids and offers and to execute orders on or 
through the systems and facilities of NYSE Arca, regardless of whether 
they were members or sponsored participants of NYSE Arca at the time 
the emergency condition was declared. Such bids and offers would be 
deemed to be bids and offers of the Exchange. Exchange member 
organizations registered as Designated Market Makers (``DMMs'') that 
were designated as temporary members of NYSE Arca in accordance with 
NYSE Arca Equities Rules would, for the duration of such designation, 
not be considered DMMs for the purposes of the Exchange's rules but 
rather ``Market Makers'' pursuant to NYSE Arca Equities rules for the 
purposes of trading Exchange-listed securities on

[[Page 48523]]

and through the systems and facilities of NYSE Arca. The Exchange 
would, as needed, designate any NYSE Arca members that were not members 
or member organizations of the Exchange at the time of the emergency 
condition as temporary members. Such temporary members would not be 
required to meet any of the Exchange's membership requirements. The 
Exchange also would, as needed, authorize sponsored participants of 
NYSE Arca that did not have sponsored access to the Exchange for 
temporary access through either an existing Exchange member or member 
organization or an NYSE Arca member granted temporary membership under 
Rule 49. Temporary memberships or access under the rule would be valid 
only until regular trading resumed on the Exchange's systems and 
facilities, including the Trading Floor.
    All trades of Exchange-listed securities entered or executed on or 
through the systems and facilities of NYSE Arca would be subject to the 
NYSE Arca Equities Rules governing trading, and such rules would be 
considered Exchange rules for the purposes of such transactions, except 
that (i) the Exchange's rules governing member firm conduct would 
continue to apply to its members, member organizations and Sponsored 
Participants, including, but not limited to, membership requirements 
and net capital requirements, and (ii) the Exchange's listing 
requirements for its listed securities would continue to apply.
    Surveillance of trading of Exchange-listed securities on or through 
the systems and facilities of NYSE Arca would be conducted by NYSE Arca 
on behalf of the Exchange. Members and member organizations of the 
Exchange would remain subject to the jurisdiction of the Exchange for 
any disciplinary actions related to the trading of Exchange-listed 
securities on or through the systems and facilities of NYSE Arca. 
Violations of the rules of NYSE Arca would be referred to the Exchange 
for prosecution according to the Exchange's disciplinary rules. 
Exchange members and member organizations could not assert as an 
affirmative defense to such prosecution the lack of jurisdiction of the 
Exchange over trading of Exchange-listed securities on or through the 
systems and facilities of NYSE Arca.
Events During Superstorm Sandy
    On October 29 and 30, 2012, due to the dangerous conditions that 
developed as a result of Superstorm Sandy, NYSE and NYSE MKT LLC 
(``NYSE MKT''), as well as a number of their member organizations 
located in the tri-state area, were unable to open because of the risk 
of flooding at their physical locations. In addition, other broker-
dealers and exchanges with facilities in the area were also faced with 
significant staffing challenges because the storm conditions prevented 
personnel from getting to work. As a result, it was agreed, after 
consulting with other exchanges, market participants, and Commission 
staff, and in light of concerns over the physical safety of personnel 
and the possibility of technical issues, that all U.S. equities and 
options markets would be closed for those two days.
Proposed Rule Change
    The Exchange proposes to amend Rule 49 to more effectively 
delineate the SRO functions of the Exchange and NYSE Arca during an 
emergency condition, reflect the operational preferences of the 
industry, and reflect the current structure of member organization 
connectivity to and system coding for exchange systems. As described 
above, the current rule contemplates the Exchange remaining operational 
during the emergency condition and both the Exchange and NYSE Arca 
performing certain SRO functions with respect to the same trading 
activity that would be taking place on NYSE Arca. The Exchange believes 
that a more practical and effective structure would be to have all 
trading activity occurring on NYSE Arca under that SRO's authority, 
with one exception. NYSE Arca would, on behalf and at the direction of 
the Exchange, disseminate certain primary listing market messages as 
both NYSE and NYSE Arca messages so that market participants' systems 
could properly recognize such messages. NYSE Arca would do so beginning 
on the next trading day following the declaration of the emergency 
condition. All trading volume on NYSE Arca in NYSE-listed securities 
during the emergency condition would be reported as NYSE Arca volume, 
except for volume associated with the opening and closing prints in 
NYSE-listed securities, which would be deemed NYSE volume. The specific 
amendments to achieve these results are described in more detail below.
    Rule 49(a)(1) would be amended to provide a short form of the term 
``Emergency Condition,'' which is strictly a technical amendment to 
simplify the remainder of the rule text, and to specify that NYSE Arca 
may perform certain functions on behalf and at the direction of the 
Exchange.
    Rule 49(a)(2) would be amended to remove a reference to the 
Exchange's systems and facilities, including the Trading Floor, 
continuing to operate during the Emergency Condition. The text would be 
revised to provide that an Emergency Condition declaration may be made 
if necessary so that the securities markets, in general, may continue 
to operate and trading in Exchange-listed securities, in particular, 
may continue to occur in a manner consistent with the protection of 
investors and in pursuit of the public interest. In Rule 49(a)(3), the 
subparagraphs would be redesignated so that the rule text follows a 
consistent convention.\7\
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    \7\ The Exchange notes that there is a pending amendment to 
subparagraph (a)(3)(ii). See Securities Exchange Act Release No. 
69851 (June 25, 2013), 78 FR 39407 (July 1, 2013) (SR-NYSE-2013-42).
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    Rules 49(b)(1) and 49(b)(2)(i), which include text describing how 
the Exchange would halt trading and NYSE Arca would begin receiving and 
processing bids and offers and executing orders on behalf of the 
Exchange beginning on the next trading day, would be deleted and 
replaced with text that more specifically describes the steps that each 
SRO would take upon the declaration of the Emergency Condition. 
Proposed Rule 49(b)(1) would provide that when an Emergency Condition 
is declared, the Exchange (A) would halt all trading conducted on the 
Exchange's systems and facilities and would not route any unexecuted 
orders to NYSE Arca; (B) would accept cancellations for Good `Til 
Cancelled (``GTC'') orders; and (C) would purge any unexecuted orders 
from the Exchange's own systems and facilities as soon as practicable 
following declaration of the Emergency Condition.
    Proposed Rule 49(b)(2) would provide that beginning on the next 
trading day following the declaration of the Emergency Condition,\8\ 
NYSE Arca would, on behalf of and at the direction of the Exchange, 
disseminate as messages of both the Exchange and NYSE Arca (A) the 
official opening and closing prices of Exchange-listed securities to 
CTA, and (B) notifications to CQS for Exchange-listed securities of (i) 
regulatory halts and resumption of trading thereafter, (ii) trading 
pause and resumption of trading thereafter, and (iii) Short Sale Price 
Test trigger and lifting thereafter (collectively, ``primary

[[Page 48524]]

listing market notifications'').\9\ The Exchange notes that in the 
event of an intra-day declaration of an Emergency Condition, the 
Exchange would manually disseminate primary listing market 
notifications to CQS. Quotes or orders of Exchange-listed securities 
entered on NYSE Arca during the Emergency Condition would be reported 
to CQS as bids or offers of NYSE Arca, and quotes or orders of 
Exchange-listed securities executed on or through NYSE Arca during the 
Emergency Condition would be reported to CTA as executions of NYSE 
Arca, except that executions in the opening or closing auctions would 
be reported as Exchange volume only in order to avoid any double 
counting.
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    \8\ The Exchange's current and proposed disaster recovery plans 
do not enable the intraday failover of the Exchange's system onto 
NYSE Arca, including dissemination of primary listing market 
notifications; such technology is only available on a next-day 
basis.
    \9\ See NYSE Rules 123D, 80B, 80C, and 440B. Each of these types 
of notifications is a responsibility of the primary listing market 
for the security.
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    The Exchange believes that the proposed rule change would minimize 
the impact of declaring an Emergency Condition because NYSE Arca 
already trades Exchange-listed securities on an unlisted trading 
privileges basis and prints such executions as NYSE Arca or ``P'' 
trades.\10\ This arrangement would be compatible with market 
participants' system coding conventions, where orders routed to an 
exchange generally come back as executions from that exchange, unless 
routed out. Thus, quotes and orders in Exchange-listed securities 
routed to NYSE Arca during the Emergency Condition would come back to 
the entering firm as ``P'' executions, rather than ``N'' executions. 
Similarly, the Exchange further understands that in order for many 
market participants' systems to recognize the primary listing market 
notifications, the notifications must carry an ``N'' designation to 
associate it with Exchange-listed securities. If the notifications were 
disseminated only as ``P'' notifications, they may not be properly 
recognized by these market participants' systems. However, other market 
participants may be able to read such primary listing market 
notifications if disseminated with the ``P'' designation. Accordingly, 
during an Emergency Condition, in order to accommodate various market 
participants' existing technological frameworks for the temporary 
measures addressed in proposed Rule 49, NYSE Arca would disseminate the 
official opening and closing prints for NYSE-listed securities and 
primary listing market notifications with both ``P'' and ``N'' 
designations. When NYSE Arca disseminates these messages on behalf of 
the Exchange, it will do so in accordance with its own rules and 
procedures for its primary listed securities.\11\ The Exchange believes 
that the proposed rule change offers a practical solution that will be 
compatible with most market participants' current system coding, which 
will allow the proposed rule change to be quickly and efficiently 
implemented and avoid the costs and delays associated with system 
reprogramming.
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    \10\ The ``P'' designation reflects one of NYSE Arca's 
predecessor names, Pacific Exchange, Inc., before it was purchased 
by NYSE Euronext.
    \11\ Nonetheless, NYSE will remain the SRO that is legally 
responsible for the notifications.
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    The Exchange believes that maintaining a primary market print for 
an Exchange-listed security's official opening price would assist 
market participants that rely on a primary market opening print as the 
basis for trading strategies for that trading day. For example, the 
pricing and valuation of certain indices, funds and derivative products 
require primary market prints. Similarly, private corporate 
transactional contracts involving stock purchases or valuations 
frequently make reference to the primary market print rather than to 
the CTA print. In addition, certain indexes rely on the primary listing 
market closing print to calculate the index, and certain funds rely on 
the primary listing market closing print to calculate the fund's value. 
Thus, these market participants would benefit from the dissemination of 
the primary market prints as ``N'' messages and not have to engage in 
any system reprogramming to receive them.
    Rule 49(b)(2)(iii) currently provides that members and member 
organizations must have contingency plans for changing the routing 
instructions for their order entry systems, and to take such other 
appropriate actions as instructed by the Exchange, to accommodate the 
use of the systems and facilities of NYSE Arca to trade Exchange-listed 
securities. The proposed rule change would redesignate this provision 
as Rule 49(b)(3) and amend the text to provide that members and member 
organizations wishing to trade Exchange-listed securities during an 
Emergency Condition would be responsible for having contingency plans 
for establishing connectivity to NYSE Arca and changing the routing 
instructions for their order entry systems to route quotes and orders 
in Exchange-listed securities to NYSE Arca. This is the manner by which 
the current rule operates, but this level of detail was previously 
provided in communications with the industry rather than in the 
rule.\12\ Such connectivity and routing could be established either 
directly to NYSE Arca by becoming an ETP Holder or through a third 
party, such as a service bureau, that is an ETP Holder. The Exchange 
would not have the ability to reroute such quotes and orders from NYSE 
to NYSE Arca on behalf of members and member organizations, as noted in 
proposed Rule 49(b)(1)(A). The proposed rule change would also delete 
text stating that the Exchange would provide instructions to members 
and member organizations about using NYSE Arca facilities because this 
would be unnecessary.
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    \12\ See NYSE Regulation Information Memo 10-14 (March 15, 
2010), available at http://www.nyse.com/nysenotices/nyse/information-memos/detail?memo_id=10-14.
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    Current Rule 49(b)(3), which provides for certain temporary 
memberships and would deem Exchange DMMs that are designated as 
temporary members of NYSE Arca as NYSE Arca Market Makers, would be 
deleted in its entirety. Because all trading would occur under the NYSE 
Arca SRO via a direct membership as an ETP Holder or indirectly via a 
service bureau as described above, temporary memberships would be 
unnecessary. Upon further review, the Exchange has also determined that 
there would be substantial technological difficulties for NYSE DMMs to 
become established during the Emergency Condition as NYSE Arca Market 
Makers and comply with NYSE Arca Equities Rule 7.23 quoting 
obligations, as amended in 2011.\13\ It also would be technologically 
impracticable to attempt to impose NYSE's DMM requirements in a 
different market and inconsistent with the structure of the proposed 
rule change. If an Exchange DMM wanted to be able to act as an NYSE 
Arca Market Maker during the Emergency Condition, it would have to 
apply for and obtain such status in advance.
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    \13\ See Securities Exchange Act Release No. 64422 (May 6, 
2011), 76 FR 27691 (May 12, 2011) (SR-NYSEArca-2011-26).
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    Current Rule 49(b)(4) states that NYSE Arca trading rules would 
apply to all trading on NYSE Arca during the emergency condition and 
would be deemed Exchange rules. Under the proposed rule change, this 
text would be deleted and such trading rules would no longer be deemed 
Exchange rules. To better delineate each SRO's authority, and for 
simplicity and clarity, during an Emergency Condition, all trading in 
NYSE-listed securities on NYSE Arca would be subject to NYSE Arca 
rules, surveillance, and discipline; as such, current Rule 49(b)(5) 
would be deleted.

[[Page 48525]]

NYSE Arca would not be acting on behalf of the Exchange, but rather 
under its own SRO authority. Thus, if an NYSE member organization 
violated an NYSE Arca trading rule while trading on NYSE Arca during an 
Emergency Condition, it would be subject to discipline by NYSE Arca, 
not the Exchange. The proposed rule change also would specify that such 
NYSE Arca trading rules include, but are not limited to, the opening, 
reopening, and closing auction processes applicable to securities for 
which NYSE Arca is the primary listing market set forth in NYSE Arca 
Equities Rule 7.35. NYSE Arca's auction processes at the open and close 
and following a trading halt differ from those of NYSE. However, NYSE's 
listing requirements would continue to apply to any Exchange-listed 
security that was trading on NYSE Arca during the Emergency Condition.
    The Exchange also proposes to make typographical corrections to 
Rule 49(c).
    The Exchange notes that its affiliates have submitted related rule 
filings. NYSE Arca has submitted a companion filing to make its 
authority consistent with proposed Rule 49.\14\ NYSE MKT also has 
submitted a filing to adopt the text of Rule 49, as amended by this 
filing.\15\
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    \14\ See SR-NYSEArca-2013-77.
    \15\ See SR-NYSEMKT-2013-66.
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    The Exchange will announce by Trader Update when the Exchange and 
NYSE Arca will be ready to implement the proposed rule change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\16\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\17\ in particular, because it 
is designed to promote just and equitable principles of trade 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 change furthers the objectives of Section 
6(b)(7) of the Act,\18\ in particular, in that it provides fair 
procedures for the disciplining of members \19\ 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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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
    \18\ 15 U.S.C. 78f(b)(7).
    \19\ The Exchange's equivalent to the term ``member'' in this 
context is ``member organization.''
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    Specifically, the Exchange believes that the proposed rule change 
would promote just and equitable principles of trade and remove 
impediments to and perfect the mechanism of a free and open market and 
national market system because it offers a practical solution to 
facilitate trading in Exchange-listed securities in the event of an 
Emergency Condition and would help to avoid a future market-wide 
closure. All quoting and trading activity in NYSE-listed securities 
during the Emergency Condition would be deemed NYSE Arca quoting and 
trading for purposes of CQS and CTA reporting and be subject to NYSE 
Arca's surveillance and discipline, except that the opening and closing 
prints and primary listing market notifications would be disseminated 
as both Exchange and NYSE Arca messages so that the majority of market 
participants' systems could properly receive and process them. As such, 
the proposed rule change reflects the operational preferences of the 
industry and the current structure of most member organizations' 
connectivity to and system coding for exchange systems and would reduce 
the systemic and administrative burdens on market participants by 
avoiding the need for reprogramming, depending on which message 
notifications their respective systems would be able to read during 
such an Emergency Condition. Although market making requirements could 
not feasibly be imposed on NYSE DMMs trading on NYSE Arca during an 
Emergency Condition, the Exchange believes that facilitating trading on 
NYSE Arca in Exchange-listed securities under that SRO's rules would 
benefit both issuers and investors by providing additional liquidity 
during the Emergency Condition.
    The Exchange also believes that the proposed rule change would 
remove impediments to and perfect the mechanism of a free and open 
market and national market system because it would assist market 
participants that rely on or reference a primary market opening print 
in their trading strategies or private corporate transactional 
contracts involving stock purchases or valuations. In addition, certain 
indexes rely on the primary listing market closing print to calculate 
the index, and certain funds rely on the primary listing market closing 
print to calculate the fund's value. The proposed rule change would 
assist these market participants in performing these functions without 
requiring them to reprogram their systems.
    The Exchange also believes that the proposed rule change would 
promote just and equitable principles of trade and provide for fair 
discipline by better delineating SRO surveillance and disciplinary 
functions. The Exchange believes that it would be more effective for 
NYSE Arca to discipline NYSE members and member organizations under 
NYSE Arca rules rather than having the Exchange enforce NYSE Arca 
rules.
    In sum, the Exchange believes that the proposed rule change would 
substantially strengthen business continuity planning for itself and 
its member organizations, thereby benefiting market participants and 
investors generally.

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 
designed to facilitate trading in Exchange-listed securities on NYSE 
Arca during an Emergency Condition and remove certain requirements that 
cannot feasibly be imposed. As such, the Exchange believes that the 
proposed rule change would promote competition for the benefit of 
market participants and investors generally.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing,

[[Page 48526]]

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-NYSE-2013-54 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- NYSE-2013-54. 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 the filing will also 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 publicly available. All 
submissions should refer to File Number SR-NYSE-2013-54 and should be 
submitted on or before August 29, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-19146 Filed 8-7-13; 8:45 am]
BILLING CODE 8011-01-P