[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Notices]
[Pages 57645-57649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24216]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75952; File No. SR-NYSEMKT-2015-64]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change To Make Permanent the 
Rules of the New Market Model Pilot, the Supplemental Liquidity 
Providers Pilot, and the Pilot Program Allowing ``UTP Securities'' To 
Be Traded on the Exchange Pursuant to a Grant of Unlisted Trading 
Privileges

September 18, 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 September 9, 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 and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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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 make permanent the rules of (1) the New 
Market Model Pilot, (2) the Supplemental Liquidity Providers Pilot, and 
(3) the pilot program allowing ``UTP Securities'' to be traded on the 
Exchange pursuant to a grant of unlisted trading privileges (the ``UTP 
Pilot''). 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,

[[Page 57646]]

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 make permanent the rules of the (1) New 
Market Model Pilot (``NMM Pilot''), (2) the Supplemental Liquidity 
Providers Pilot (``SLP Pilot''), and (3) the UTP Pilot (collectively, 
the ``Pilots''). The Pilots are currently scheduled to expire upon the 
earlier of October 31, 2015 or Securities and Exchange Commission 
(``SEC'' or ``Commission'') approval to make the Pilots permanent.\4\
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    \4\ See Securities Exchange Act Nos. 75533 (July 28, 2015), 80 
FR 46083 (August 3, 2015) (SR-NYSEMKT-2015-52); 75534 (July 28, 
2015), 80 FR 46081 (August 3, 2015) (SR-NYSEMKT-2015-53); 75535 
(July 28, 2015), 80 FR 46078 (August 3, 2015) (SR-NYSEMKT-2015-54).
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Background
    In October 2008, the Exchange's affiliate the New York Stock 
Exchange LLC (``NYSE'') implemented significant changes to its market 
rules, execution technology and the rights and obligations of its 
market participants referred to as the ``New Market Model'' which were 
designed to improve execution quality on the NYSE.\5\ The Exchange 
adopted the NMM Pilot pursuant to its merger with the NYSE.\6\
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    \5\ See Securities Exchange Act Release No. 58845 (October 24, 
2008), 73 FR 64379 (October 29, 2008) (SR-NYSE-2008-46) (``Release 
No. 58845'').
    \6\ NYSE Euronext acquired The Amex Membership Corporation 
(``AMC'') pursuant to an Agreement and Plan of Merger, dated January 
17, 2008 (the ``Merger''). In connection with the Merger, the 
Exchange's predecessor, the American Stock Exchange LLC (``Amex''), 
a subsidiary of AMC, became a subsidiary of NYSE Euronext called 
NYSE Alternext US LLC. See Securities Exchange Act Release No. 58673 
(September 29, 2008), 73 FR 57707 (October 3, 2008) (SR-NYSE-2008-60 
and SR-Amex-2008-62) (approving the Merger); see also Securities 
Exchange Act Release Nos. 58705 (Oct. 1, 2008), 73 FR 58995 (Oct. 8, 
2008) (SR-Amex-2008-63) (approving adoption of equities rules based 
on those of NYSE) and 59022 (Nov. 26, 2008), 73 FR 73683 (Dec. 3, 
2008) (SR-NYSEALTR-2008-10) (amending equity rules to conform to 
NYSE NMM Pilot rules). Subsequently, NYSE Alternext US LLC was 
renamed NYSE Amex LLC, which was then renamed NYSE MKT LLC and 
continues to operate as a national securities exchange registered 
under Section 6 of the Securities Exchange Act of 1934, as amended 
(the ``Act''). See Securities Exchange Act Release Nos. 59575 (March 
13, 2009), 74 FR 11803 (March 19, 2009) (SR-NYSEALTR-2009-24) and 
67037 (May 21, 2012), 77 FR 31415 (May 25, 2012) (SR-NYSEAmex-2012-
32).
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    The NYSE established the NMM Pilot to provide incentives for 
quoting, to enhance competition among the existing group of liquidity 
providers and to add a new competitive market participant. The Exchange 
believes that the NMM Pilot allows the Exchange to provide its market 
participants with a trading venue that utilizes an enhanced market 
structure to encourage the addition of liquidity, facilitate the 
trading of larger orders more efficiently and operates to reward 
aggressive liquidity providers.
    As part of the NMM Pilot, the Exchange eliminated the function of 
equity specialists on the Exchange and created a new category of market 
participant, the Designated Market Maker or DMM.\7\ DMMs, like 
specialists, have affirmative obligations to make an orderly market, 
including continuous quoting requirements and obligations to re-enter 
the market when reaching across to execute against trading interest. 
Unlike specialists, DMMs have a minimum quoting requirement \8\ in 
their assigned securities and no longer have a negative obligation. 
DMMs are also no longer agents for public customer orders.\9\
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    \7\ See NYSE MKT Rule 103--Equities.
    \8\ See NYSE MKT Rule 104--Equities.
    \9\ See NYSE MKT Rule 60--Equities; see also NYSE MKT Rules 
104--Equities and 1000--Equities.
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    In addition, the Exchange implemented a system change that allowed 
DMMs to create a schedule of additional non-displayed liquidity at 
various price points where the DMM is willing to interact with interest 
and provide price improvement to orders in the Exchange's system. This 
schedule is known as the DMM Capital Commitment Schedule (``CCS'').\10\ 
CCS provides the Display Book[supreg] with the amount of shares that 
the DMM is willing to trade at price points outside, at and inside the 
Exchange Best Bid or Best Offer (``BBO''). CCS interest is separate and 
distinct from other DMM interest in that it serves as the interest of 
last resort.
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    \10\ See NYSE MKT Rule 1000--Equities.
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    The Display Book[supreg] system is an order management and 
execution facility that receives and displays orders to the DMMs, 
contains the order information, and provides a mechanism to execute and 
report transactions and publish the results to the Consolidated Tape. 
The Display Book[supreg] system is connected to a number of other 
Exchange systems for the purposes of comparison, surveillance, and 
reporting information to customers and other market data and national 
market systems. Because the Exchange has retired the actual system 
referred to as the ``Display Book,'' but not the functionality 
associated with the Display Book[supreg], the Exchange proposes to 
replace all references to the term ``Display Book[supreg]'' in Rules 
104 and 1000 with references either to the term (i) ``Exchange 
systems'' when use of the term refers to the Exchange systems that 
receive and execute orders, or (ii) ``Exchange book'' when use of the 
term refers to the interest that has been entered and ranked in 
Exchange systems.
    The NMM Pilot further modified the logic for allocating executed 
shares among market participants having trading interest at a price 
point upon execution of incoming orders. The modified logic rewards 
displayed orders that establish the Exchange's BBO. During the 
operation of the NMM Pilot, orders or portions thereof that establish 
priority \11\ retain that priority until the portion of the order that 
established priority is exhausted. Where no one order has established 
priority, shares are distributed among all market participants on 
parity.
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    \11\ See NYSE MKT Rule 72(a)(ii)--Equities.
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    The NYSE SLP Pilot was launched in coordination with the NMM Pilot, 
which established SLPs as a new class of market participants to 
supplement the liquidity provided by DMMs.\12\ The NYSE established the 
SLP Pilot to provide incentives for quoting, to enhance competition 
among the existing group of liquidity providers, including the DMMs, 
and add new competitive market participants. NYSE MKT Rule 107B--
Equities is based on NYSE Rule 107B. NYSE MKT Rule 107B--Equities was 
filed with the Commission on December 30, 2009, as a ``me too'' filing 
for immediate effectiveness as a pilot program.\13\
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    \12\ See NYSE Rule 107B and NYSE MKT Rule 107B--Equities. The 
NYSE amended the monthly volume requirements to an average daily 
volume (``ADV'') that is a specified percentage of NYSE consolidated 
ADV. See Securities Exchange Act Release No. 67759 (August 30, 
2012), 77 FR 54939 (September 6, 2012) (SR-NYSE-2012-38).
    \13\ See Securities Exchange Act Release No. 61308 (January 7, 
2010), 75 FR 2573 (January 15, 2010) (SR-NYSEAmex-2009-98) 
(``Release No. 61308'').
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    Similarly, in 2010, the Exchange adopted NYSE MKT Rules 500-525--
Equities as a pilot program governing the trading of any ``UTP 
Securities'' on the Exchange pursuant to unlisted trading 
privileges.\14\ The UTP Pilot was also based on the NMM Pilot trading

[[Page 57647]]

rules used by the Exchange and the NYSE for listed equity 
securities.\15\
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    \14\ See Securities Exchange Act Release No. 62479 (July 9, 
2010), 75 FR 41264 (July 15, 2010) (SR-NYSEAmex-2010-31) (``UTP 
Pilot Approval Order''). ``UTP Securities'' is included within the 
definition of ``security'' as that term is used in the NYSE MKT 
Equities Rules. See NYSE MKT Rule 3--Equities. In accordance with 
this definition, UTP Securities are admitted to dealings on the 
Exchange on an ``issued,'' ``when issued,'' or ``when distributed'' 
basis. See NYSE MKT Rule 501--Equities.
    \15\ See Securities Exchange Act Release No. 61890 (April 12, 
2010), 75 FR 20401, 20402, n. 7 (April 19, 2010) (SR-NYSEAmex-2010-
31) (noting that because several elements of the Exchange's proposal 
to trade Nasdaq Securities rely on the NYSE's NMM pilot, the 
Exchange proposed to extend the duration of the UTP Pilot as needed 
to track the NYSE's NMM Pilot program and would file for permanent 
approval at the same time or after the NYSE files for permanent 
approval of the NMM).
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    The UTP Pilot includes any security, other than a security that is 
listed on the Exchange, that (i) is designated as an ``eligible 
security'' pursuant to the ``UTP Plan,'' \16\ (ii) has been admitted to 
dealings on the Exchange pursuant to a grant of unlisted trading 
privileges in accordance with Section 12(f) of the Act,\17\ and (iii) 
if it is an ``Exchange Traded Product'' (``ETP'') that does not have 
any component security that is listed or traded on the Exchange or the 
NYSE; provided, however, that the Invesco PowerShares QQQTM 
(the ``QQQ'' TM) may be admitted to dealings on the Exchange 
pursuant to a grant of unlisted trading privileges although one or more 
component securities of the QQQ may be listed or traded on the Exchange 
or the NYSE, subject to the conditions of Rule 504(b)(5)--Equities.
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    \16\ With respect to Nasdaq Securities, the term ``UTP Plan'' 
means the Joint Self-Regulatory Organization Plan Governing the 
Collection, Consolidation and Dissemination of Quotation and 
Transaction Information for Nasdaq-listed Securities Traded on 
Exchanges on an Unlisted Trading Privilege Basis, as amended from 
time to time, filed with and approved by the Commission. See 
Securities Exchange Act Release No. 70953 (November 27, 2013), 78 FR 
72932 (December 4, 2013) (File No. S7-24-89). The Exchange's 
predecessor, the American Stock Exchange LLC, joined the UTP Plan in 
2001. See Securities Exchange Act Release No. 55647 (April 19, 
2007), 72 FR 20891 (April 26, 2007) (File No. S7-24-89). In March 
2009, the Exchange changed its name to NYSE Amex LLC, and, in May 
2012, the Exchange subsequently changed its name to NYSE MKT LLC. 
See Securities Exchange Act Release Nos. 59575 (March 13, 2009), 74 
FR 11803 (March 19, 2009) (SR-NYSEALTR-2009-24) and 67037 (May 21, 
2012), 77 FR 31415 (May 25, 2012) (SR-NYSEAmex-2012-32). With 
respect to all other UTP Securities, the term ``UTP Plan'' means the 
Consolidated Tape Association Plan for the Dissemination of Last 
Sale Prices of Transactions in Eligible Securities, as amended from 
time to time, filed with and approved by the Commission. See 
Securities Exchange Act Release No. 10787 (May 10, 1974), 39 FR 
17799 (May 20, 1974) (declaring the CTA Plan effective). See also 
Securities Exchange Release No. 70794 (October 31, 2013), 78 FR 
66789 (November 6, 2013) (SR-CTA-2013-05).
    \17\ 15 U.S.C. 78l.
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    The NMM Pilot was originally scheduled to end on October 1, 
2009,\18\ while the SLP Pilot was originally scheduled to be a six-
month pilot program.\19\ The UTP Pilot was originally scheduled to 
continue until September 30, 2010.\20\ The Exchange filed to extend the 
operation of the Pilots on several occasions in order to prepare a rule 
filing seeking permission to make the above described changes 
permanent, most recently in July 2015.\21\
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    \18\ See Release No. 58845, 73 FR at 6904.
    \19\ See Release No. 61308, 75 FR at 2573.
    \20\ See UTP Pilot Approval Order, 75 FR at 41265.
    \21\ See note 4, supra.
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Proposal To Make the Pilots Permanent
    The NYSE adopted the NMM Pilot in part to adapt the NYSE's model to 
the equities market environment in place in 2008. The Exchange adopted 
the NMM Pilot in its entirety as part of its merger with the NYSE. 
Similarly, the Exchange adopted the SLP Pilot to encourage an 
additional pool of liquidity at the Exchange following the approval of 
the NMM Pilot. On July 31, 2015, the Commission approved making the 
rules associated with the NMM Pilot and SLP Pilot permanent on the NYSE 
(the ``NMM/SLP Approval Order'').\22\
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    \22\ See Securities Exchange Act Release No. 75578 (July 31, 
2015), 80 FR 47008 (August 6, 2015) (SR-NYSE-2015-26).
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    In its order, the SEC determined that each of the following key 
provisions of the NYSE NMM Pilot were consistent with the Act: (1) The 
changes to NYSE's priority and order allocation structure under NYSE 
Rule 72; \23\ (2) the dealings and responsibilities of DMMs, including 
the affirmative obligation to market quality, the quoting obligation, 
the re-entry requirements following certain transactions for a DMM's 
own account, and, implicitly, the elimination of the ``negative 
obligation'' set forth in NYSE Rule 104; \24\ and (3) the provisions 
related to DMM CCS interest set forth in NYSE Rule 1000.\25\ In 
addition, the Commission determined that the NYSE SLP Pilot, as part of 
the NYSE NMM Pilot, produced sufficient execution quality to attract 
volume and sufficient incentives to liquidity providers to supply this 
execution quality.\26\
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    \23\ See id., 80 FR at 47013.
    \24\ See id.
    \25\ See id. In particular, the SEC concluded that the NYSE had 
shown that the NMM Pilot, which includes the parity provisions under 
NYSE Rule 72, produced sufficient execution quality to attract 
volume and sufficient incentives to liquidity providers to supply 
this execution quality. Similarly, the Commission concluded that the 
NYSE had shown that the NMM Pilot, which includes the DMM dealings 
and responsibilities provisions and the CCS interest provisions of 
NYSE Rules 104 and 1000, respectively, produced sufficient execution 
quality to attract volume and sufficient incentives to liquidity 
providers to supply this execution quality. See id.
    \26\ See id., 80 FR at 47014.
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    The Exchange has operated the NMM Pilot and SLP Pilot using the 
same rules, the same trading systems, and operating in the same manner 
as the NYSE. The Exchange accordingly believes that the Commission's 
findings in the NMM/SLP Approval Order, and in particular that the NYSE 
pilots operated as intended and are consistent with the Act, apply 
equally to the operation of the Pilots on the Exchange. Similarly, the 
UTP Pilot has been operating on the Exchange for the past five years 
based on the NMM Pilot trading rules the Commission recently approved 
for NYSE. Moreover, in approving the UTP Pilot, the Commission 
acknowledged that the rules relating to DMM benefits and duties in 
trading Nasdaq Securities on the Exchange pursuant to the UTP Pilot are 
consistent with the Act \27\ and noted the similarity to the NMM Pilot, 
particularly with respect to DMM obligations and benefits.\28\ Further, 
the UTP Pilot rules pertaining to the assignment of securities to DMMs 
are also substantially similar to the rules implemented through the 
recently approved NMM Pilot.\29\ The Exchange notes that making the UTP 
Pilot permanent would provide for the uninterrupted trading of UTP 
Securities on the Exchange on an unlisted trading privileges basis and 
thus continue to encourage the additional utilization of, and 
interaction with, the Exchange, and provide market participants with 
improved price discovery, increased liquidity, more competitive quotes 
and greater price improvement for UTP Securities.
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    \27\ See UTP Pilot Approval Order, 75 FR at 41270. The Exchange 
considers the same to be true with respect to all UTP Securities in 
the UTP Pilot, including for ETPs.
    \28\ See UTP Pilot Approval Order, 75 FR at 41271.
    \29\ Id.
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    For the foregoing reasons, the Exchange believes that making the 
Pilots' rules, as amended, permanent on the Exchange is appropriate.
    The Exchange also proposes to delete Rule 104T--Equities (Dealings 
by DMMs), which is the pre-NMM Pilot version of Rule 104--Equities. 
Rule 104T--Equities remains in the Exchange's rule book, but is not 
operational. With permanent approval of current Rule 104--Equities, the 
need to retain Rule 104T--Equities is mooted. The Exchange also 
proposes to delete Supplementary Material .05 to Rule 104--Equities, 
and related reference to that Supplementary Material in Rule 
104(a)(2)--Equities, because that rule text was intended to be in 
effect only through October 31, 2009.\30\
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    \30\ See Securities Exchange Act Release No. 60574 (Aug. 26, 
2009), 74 FR 45506 (Sept. 2, 2009) (SR-NYSEAmex-2009-58) (Notice of 
Filing).
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    Finally, the Exchange proposes to replace the reference to ``NYSE 
Regulation's Division of Market Surveillance'' in Rule 104(k)--Equities

[[Page 57648]]

with a reference to the Exchange. Pursuant to Rule 0(c), references to 
the Exchange may mean references to NYSE Regulation or FINRA, which 
performs certain regulatory services to the Exchange pursuant to a 
Regulatory Services Agreement.
    The Exchange notes that the proposed change is not otherwise 
intended to address any other issues and the Exchange is not aware of 
any problems that member organizations would have in complying with the 
proposed rule change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\31\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\32\ in particular, because 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 regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to, and 
perfect the mechanisms of, a free and open market and a national market 
system and, in general, to protect investors and the public interest 
and because it is not designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \31\ 15 U.S.C. 78f(b).
    \32\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed rule change is consistent with 
these principles because it seeks to make permanent Pilots and 
associated rule changes that were previously approved as permanent by 
the Commission based on findings that the NYSE NMM Pilot and NYSE SLP 
Pilot have operated as intended on the Exchange's affiliate and are 
consistent with the Act. Similarly, in the case of the UTP Pilot, the 
Exchange seeks to make permanent a pilot and associated rule changes 
that is based on trading rules adopted as part of the recently approved 
NYSE NMM Pilot.
    The Exchange also believes the proposed rule change is designed to 
facilitate transactions in securities and to remove impediments to, and 
perfect the mechanisms of, a free and open market and a national market 
system because making the Pilots permanent would provide market 
participants with a trading venue that encourages the addition of 
liquidity, facilitates the trading of larger orders more efficiently, 
operates to reward aggressive liquidity providers. The Exchange 
believes that making the Pilots permanent would encourage the 
additional utilization of, and interaction with, the Exchange and 
provide customers with the premier venue for price discovery, 
liquidity, competitive quotes, and price improvement.
    In addition, the Exchange believes that making the Pilots permanent 
would promote just and equitable principles of trade and remove 
impediments to and perfect the mechanism of a free and open market 
because, as the Commission found in approving the NMM Pilot and SLP 
Pilot for the NYSE, the rules strike the appropriate balance between 
the obligations and benefits of the Exchange's market participants.
    Finally, the Exchange believes that it is subject to significant 
competitive forces, as described below in the Exchange's statement 
regarding the burden on competition. For these reasons, the Exchange 
believes that the proposal is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\33\ the Exchange 
believes that the proposed rule change would not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The Exchange believes that making the Pilots 
permanent would continue to foster competition among liquidity 
providers and maintain execution quality on the Exchange. The Exchange 
notes that it operates in a highly competitive market in which market 
participants can easily direct their orders to competing venues, 
including off-exchange venues. In such an environment, the Exchange 
must continually review, and consider adjusting the services it offers 
and the requirements it imposes to remain competitive with other U.S. 
equity exchanges. For the reasons described above, the Exchange 
believes that the proposed rule change reflects this competitive 
environment.
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    \33\ 15 U.S.C. 78f(b)(8).
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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 proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \34\ and Rule 19b-4(f)(6) 
thereunder.\35\
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    \34\ 15 U.S.C. 78s(b)(3)(A).
    \35\ 17 CFR 240.19b-4(f)(6). 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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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \36\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \37\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing, noting that 
the proposed rule change is based on the approved rules of the NYSE, 
which are already operative, and that making the Pilots permanent would 
not alter trading on the Exchange. The Commission believes the waiver 
of the operative delay is consistent with the protection of investors 
and the public interest. Therefore, the Commission hereby waives the 
operative delay and designates the proposal operative upon filing.\38\
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    \36\ 17 CFR 240.19b-4(f)(6).
    \37\ 17 CFR 240.19b-4(f)(6)(iii).
    \38\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act.

[[Page 57649]]

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-2015-64 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2015-64. 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 
a.m. and 3 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 available publicly. All 
submissions should refer to File Number SR-NYSEMKT-2015-64 and should 
be submitted on or before October 15, 2015.
    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\39\
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    \39\ 17 CFR 200.30-3(a)(12).

Brent J. Fields,
Secretary.
[FR Doc. 2015-24216 Filed 9-23-15; 8:45 am]
BILLING CODE 8011-01-P