[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Pages 73182-73186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25573]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79108; File No. SR-NYSEMKT-2016-92]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Amending NYSE MKT Rule 
6A--Equities and NYSE MKT Rule 6--Equities

October 18, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on October 4, 2016, NYSE MKT LLC (``NYSE MKT'' or the ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared

[[Page 73183]]

by the Exchange. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend NYSE MKT Rule 6A--Equities 
(``Trading Floor'') to exclude from the definition of Trading Floor the 
area within fully enclosed telephone booths located in 18 Broad Street 
and NYSE MKT Rule 6--Equities (``Floor'') to provide greater 
specificity regarding the physical locations that constitute the Floor. 
The proposed rule change is available on the Exchange's Web site at 
www.nyse.com, at the principal office of the Exchange, and at the 
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend NYSE MKT Rule 
6A--Equities (``Trading Floor'') (``Rule 6A'') to exclude from the 
definition of ``Trading Floor'' the area within fully enclosed 
telephone booths located in 18 Broad Street. These proposed changes are 
based on recent amendments to the rules of the New York Stock Exchange 
LLC (``NYSE'').\3\ In addition, the Exchange proposes to amend NYSE MKT 
Rule 6--Equities (``Floor'') (``Rule 6'') to provide greater 
specificity regarding the physical locations that constitute the Floor.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 78855 (September 15, 
2016) (SR-NYSE-2016-31) (``NYSE Approval Order'').
---------------------------------------------------------------------------

    The Exchange currently defines ``Trading Floor'' \4\ in Rule 6A to 
mean the restricted-access physical areas designated by the Exchange 
for the trading of securities, commonly known as the ``Main Room,'' the 
``Blue Room'' and the ``Garage.'' \5\ The term ``Trading Floor'' is 
distinct from the term ``Floor.'' The term ``Floor'' is currently 
defined to have the meaning given that term in the Securities Exchange 
Act of 1934, as amended, and the General Rules and Regulations 
thereunder.\6\ Rule 11a-1 under the Act (``Rule 11a-1'') defines the 
term ``on the floor of the Exchange'' to include ``the trading floor; 
the rooms, lobbies, and other premises immediately adjacent thereto for 
use of members generally; other rooms, lobbies and premises made 
available primarily for use by members generally; and the telephone and 
other facilities in any such place.'' \7\ At the Exchange, the physical 
locations that meet this definition of Floor under Rule 11a-1 are the 
trading floor of the Exchange and the premises immediately adjacent 
thereto, such as the various entrances and lobbies of the 11 Wall 
Street, 18 New Street, 8 Broad Street, 12 Broad Street, and 18 Broad 
Street buildings, and also means the telephone facilities available in 
these locations.\8\ The Exchange proposes to amend Rule 6 to specify 
these locations within the definition of Floor. This proposed rule 
change is based on NYSE Rule 6. NYSE and the Exchange share the same 
Floor.
---------------------------------------------------------------------------

    \4\ Access to the Trading Floor is restricted at each entrance 
by turnstiles and only authorized visitors, members or member firm 
employees are permitted to enter.
    \5\ See Rule 6A; see also Securities Exchange Act Release No. 
59480 (Mar. 2, 2009), 74 FR 10109 (Mar. 9, 2009) (SR-NYSEALTR-2009-
21) (Notice of filing adopting Rule 6A and explaining that the 
proposed definition of ``Trading Floor'' will provide a more 
accurate description of the physical areas of the Floor where 
trading is actually conducted).
    \6\ See Rule 6.
    \7\ See 17 CFR 240.11a-1.
    \8\ The Exchange no longer has any premises for use primarily by 
members that would meet the Rule 11a-1 definition of Floor.
---------------------------------------------------------------------------

    Rule 6A also specifies that the Exchange's Trading Floor does not 
include areas designated by the Exchange for the trading of its listed 
options securities, commonly known as the ``Extended Blue Room,'' 
which, for the purposes of the Exchange's Equities Rules, are referred 
to as the ``NYSE Amex Options Trading Floor.'' \9\ The Exchange 
proposes to add sub-paragraph numbering to Rule 6A, so that the first 
paragraph of the rule would be sub-paragraph (a) and the second 
paragraph would be sub-paragraph (b). As proposed, Rule 6A(a) would 
define the term ``Trading Floor,'' and proposed Rule 6A(b) would define 
which physical areas are excluded from the definition of ``Trading 
Floor.''
---------------------------------------------------------------------------

    \9\ See Rule 6A.
---------------------------------------------------------------------------

    The Exchange first proposes to amend Rule 6A to reflect the 
renaming of the physical area formerly known as the ``Garage.'' That 
area has been renamed the ``Buttonwood Room'' and the Exchange proposes 
to reflect this change in Rule 6A. Rule 6A also currently defines 
Trading Floor to include areas commonly known as the ``Blue Room'' and 
also refers to an area commonly referred to as the ``Extended Blue 
Room.'' \10\ The Exchange recently closed those areas and moved all 
member organizations, member organization employees and NYSE Amex 
Options trading activities that were previously housed in these areas 
to the Buttonwood Room. To reflect this change, the Exchange proposes 
to delete references to the Blue Room and Extended Blue Room from Rule 
6A and replace them with a reference to the Buttonwood Room.
---------------------------------------------------------------------------

    \10\ The Blue Room and Extended Blue Room are references to 
trading spaces previously utilized by member firm employees and NYSE 
Amex Options at 20 Broad Street.
---------------------------------------------------------------------------

    With respect to proposed Rule 6A(b), the current rule already 
excludes the NYSE Amex Options Trading Floor from the definition of 
``Trading Floor.'' To reflect the change to the names of the trading 
rooms and the relocation of the NYSE Amex Options Trading Floor to the 
Buttonwood Room, the Exchange proposes to amend Rule 6A(b) to refer to 
the Buttonwood Room when referring to the NYSE Amex Options Trading 
Floor. Accordingly, the proposed rule would exclude from the definition 
of Trading Floor the designated areas in the Buttonwood Room where the 
trading of its listed options securities takes place which, for the 
purposes of the Exchange's Rules, would continue to be referred to as 
the ``NYSE Amex Options Trading Floor.'' \11\ This proposed change does 
not make any substantive changes and reflects only the location change 
for NYSE Amex Options. This proposal would have no impact on the 
physical location of NYSE Amex Options personnel as they would remain 
in their current location in the Buttonwood Room.
---------------------------------------------------------------------------

    \11\ As when the NYSE Amex Options Trading Floor was located in 
the Extended Blue Room, in the Buttonwood Room, the Exchange has 
erected physical barriers between the NYSE Amex Options Trading 
Floor and any Exchange member organizations or Exchange personnel 
that are also located in the Buttonwood Room.
---------------------------------------------------------------------------

    The Exchange next proposes to amend Rule 6A(b) to exclude an 
additional area from the definition of Trading Floor. As proposed, the 
Exchange proposes to exclude from the definition of Trading Floor the 
area within fully enclosed telephone booths located in 18 Broad Street 
at the Southeast wall of the

[[Page 73184]]

Trading Floor.\12\ The telephone booths would be located in a vestibule 
area adjacent to 18 Broad Street elevator banks that provide access to 
the Trading Floor and that are separated from the equity trading areas 
of the Main Room by approximately forty (40) feet and a partial 
physical barrier. In addition, the glass on the telephone booths has 
been frosted to make them opaque, which would reduce any sight lines to 
non-public information on the Trading Floor. As such, while inside the 
telephone booths, there is not any visual or auditory access to 
activities conducted at the trading posts or by Floor Brokers.
---------------------------------------------------------------------------

    \12\ Because the Exchange shares its equities trading market 
with the NYSE's physical facilities, including using the same 
Trading Floor, and under Rule 2.10--Equities and NYSE Rule 2.10, all 
Exchange member organizations are also NYSE member organizations, 
the phone booths proposed for use by Exchange DMMs would be the same 
phone booths that have been approved for use by the NYSE DMMs. See 
NYSE Approval Order, supra note 3.
---------------------------------------------------------------------------

    These telephone booths would be designed for use by DMMs, but could 
be used by anyone on the Trading Floor. Because the telephone booths 
would be excluded from the definition of Trading Floor, there would not 
be any restrictions on the use of personal cell phones by DMMs while in 
these telephone booths, nor would there be restrictions on which 
cellular phone a Floor broker may use while in the telephone booth. For 
example, currently, a DMM who is not on the Trading Floor, i.e., is 
located outside the restricted-access areas of the Floor, may use a 
personal cell phone to communicate with an issuer. As proposed, because 
the area within the telephone booth would similarly be excluded from 
the definition of Trading Floor, a DMM could use a personal cell phone 
while inside the telephone booth to communicate with an issuer. The 
Exchange believes that a DMM's use of a personal cell phone while 
within the telephone booth would be no different than if the DMM used 
his or her personal cell phone to communicate with an issuer from the 
DMM's office off the Exchange or while outside the restricted-access 
areas of the Floor, i.e., outside the Trading Floor.
    While in the telephone booth, the DMM would not have access to any 
time and place information that he or she may have at the trading post. 
The proposed location of these telephone booths would ensure the 
privacy of any conversations, for a number of reasons: The closest 
location of any Floor Broker operations, which also contain privacy 
barriers, is approximately forty (40) feet from the proposed location 
of the telephone booths; there are high arching walls with limited line 
and sight vision separating the telephone booths from any trading posts 
on the Trading Floor; and lastly, the telephone booths are fully 
enclosed with frosted glass so any conversation that would occur would 
take place behind closed doors. The Exchange believes that the 
combination of these visual and acoustical barriers would substantially 
eliminate the risk that any conversations occurring inside the 
telephone booth could be overheard. In addition, it substantially 
eliminates the risk that an individual having a telephone conversation 
while inside the telephone booth would be able to hear or see anything 
at a trading post where securities trade.
    To the extent that a DMM would use the telephone booths to 
communicate off the Trading Floor, current Exchange restrictions 
governing the protection of material non-public information would 
continue to apply. Rule 98--Equities (``Operation of a DMM Unit'') 
(``Rule 98'') currently provides that that when a Floor-based employee 
of a DMM unit moves to a location off of the Trading Floor of the 
Exchange or if any person that provides risk management oversight or 
supervision of the Floor-based operations of the DMM unit is aware of 
Floor-based non-public order information, he or she shall not (1) make 
such information available to customers, (2) make such information 
available to individuals or systems responsible for making trading 
decisions in DMM securities in away markets or related products, or (3) 
use any such information in connection with making trading decisions in 
DMM securities in away markets or related products.\13\ The proposed 
rule change is not intended to circumvent the restrictions prescribed 
in Rule 98 applicable to DMMs. Accordingly, DMMs would continue to be 
subject to the restrictions against the misuse of material non-public 
information prescribed in Rule 98. To that end, any communication 
between a DMM and an issuer would be limited to information that is in 
the public domain and not deemed material, non-public information.\14\ 
Except for the requirement to protect against the misuse of material 
non-public information set forth in Rule 98, Exchange rules do not have 
any restrictions on DMMs communicating with issuers from locations off 
of the Trading Floor. To the contrary, an important element of the DMM 
role is its relationship with issuers.
---------------------------------------------------------------------------

    \13\ See Rule 98(c)(3)(C). Rule 98, however, permits a DMM that 
needs to take on a larger risk profile in a security because of a 
proposed floor broker transaction to discuss the proposed 
transaction, which would be deemed material non-public information, 
with the DMM's risk manager located off of the Trading Floor without 
violating Exchange rules or federal securities laws.
    \14\ The Exchange will publish an Information Memo reminding 
member organizations of their obligation not to misuse material non-
public information, and for DMMs in particular, to update their 
respective written policies and procedures to reflect that any use 
of the telephone booths by Floor-based employees would be subject to 
Rule 98, and in particular, Rule 98(c)(3).
---------------------------------------------------------------------------

    Moreover, DMMs would continue to be subject to supplementary 
material .30 to Rule 36--Equities (``DMM Unit Post Wires'') (``Rule 
36''), which permits a DMM to maintain at their posts telephone lines 
and wired or wireless devices that are registered with the Exchange to 
communicate with personnel at the off-Floor offices of the DMM, the 
DMM's clearing firm, or with persons providing non-trading related 
services to the DMM. The Exchange is not proposing any changes to Rule 
36 and, therefore, the current restrictions in Rule 36.30 would remain 
applicable and would not be affected by the proposed amendment to the 
definition of Trading Floor in Rule 6A. The proposed amendment to Rule 
6A would allow the Exchange to delineate an area inside the telephone 
booth as being off the Trading Floor where a DMM may use a personal 
cell phone, which would not be subject to Rule 36.30.
    Because the proposed telephone booths would still fall within the 
broader definition of Floor under Exchange rules, the Exchange will 
retain jurisdiction in this area to regulate conduct that is 
inconsistent with Exchange Rules and the federal securities laws and 
rules thereunder. Specifically, the Exchange monitors and surveils for 
the misuse of material, non-public information, including trading ahead 
of customer orders, and misuse of non-public Floor-based non-public 
order information. The Exchange believes that its existing surveillance 
procedures, together with the surveillance and examination program that 
the Financial Industry Regulatory Authority, Inc. (``FINRA'') performs 
on its behalf, should be effective to monitor for any misuse of 
material non-public information. These programs are designed to detect 
such misuse regardless of where communications may occur, including the 
use of telephone booths in close proximity to the Trading Floor within 
which individuals may use personal cellular phones. As part of its 
surveillance procedures, the Exchange or FINRA, or both, can require 
its member organizations to produce any additional

[[Page 73185]]

information necessary regarding telephone booth use.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with, and further the objectives of, Section 6(b)(5) of the Securities 
Exchange Act of 1934 \15\ (the ``Act''), in that they are designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, to remove impediments to and perfect 
the mechanism of a free and open market and a national market system 
and, in general, to protect investors and the public interest. The 
proposed rule change would exclude from the definition of Trading Floor 
fully-enclosed telephone booths that are located on the perimeter of 
the Trading Floor, approximately 40 feet away from any trading 
operations. The Exchange believes that excluding these telephone booths 
from the definition of Trading Floor is designed to prevent fraudulent 
and manipulative acts and practices and to promote just and equitable 
principles of trade because the visual and acoustic lines while within 
the fully-enclosed telephone booths to any trading activities are 
extremely limited. The Exchange believes that the combination of these 
visual and acoustical barriers would substantially eliminate the risk 
that any conversations occurring inside the telephone booth could be 
overheard. In addition, it substantially eliminates the risk that an 
individual having a telephone conversation while inside the telephone 
booth would be able to hear or see anything at a trading post where 
securities trade. Accordingly, because being inside the telephone 
booths would be akin to being off of the Trading Floor, the Exchange 
believes that it would remove impediments to and perfect the mechanism 
of a free and open market and a national market system to treat the 
areas within the telephone booths similarly to areas located outside of 
the Trading Floor.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposal provides a balance between 
the Exchange's interest to provide a convenient location for DMMs and 
others on the Trading Floor to place telephone calls while minimizing 
the risk of any potential time and place advantage that could come with 
using personal portable communication devices in proximity to trading 
activity. Moreover, the Exchange believes that given the current speed 
of electronic trading, any Floor-based non-public information that the 
DMM, or other Floor-based personnel using the telephone booths, had 
prior to leaving his or her trading post or booth area would likely be 
rendered stale by the time he or she reached the telephone booths, 
thereby substantially reducing the risk of any time and place 
advantage.
    The Exchange further believes that the proposed rule change would 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system because it will reduce the burdens 
on the ability of a DMM to communicate with an issuer. Currently, a DMM 
may use a personal cell phone to communicate with an issuer outside of 
the Trading Floor, but short of going to an office at a separate 
physical location, there are limited areas where a DMM may have a 
private conversation. The telephone booths would provide a physical 
space in which a DMM could have a private conversation with an issuer 
while at the same time remaining subject to existing Rule 98 
requirements to protect against the misuse of material, non-public 
information. If a DMM or other Floor personnel learns of information 
about customer orders or other material non-public information while 
using a personal cell phone within the telephone booths, the Exchange 
believes that the speed of electronic trading, together with the 
Exchange's ongoing surveillance of trading activity occurring at the 
Exchange, would reduce the risk of misuse of non-public order 
information.
    The Exchange believes that the proposed amendment to Rule 6 will 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system by providing greater specificity in 
Exchange rules regarding which physical locations constitute the Floor 
at the Exchange. The proposed rule change does not make any substantive 
differences to Rule 6 as these locations constitute the current 
definition of Floor, as defined by Rule 11a-1 under the Exchange 
Act.\16\ Moreover, the proposed rule is based on the current NYSE Rule 
6 definition of Floor, which has the same physical location as the 
Exchange.
---------------------------------------------------------------------------

    \16\ See 17 CFR 240.11a-1.
---------------------------------------------------------------------------

    The Exchange further believes that updating the references in the 
Exchange rules to reflect the correct use of the Exchange Trading Floor 
would eliminate any potential confusion among investors and other 
market participants on the Exchange as to areas of the Trading Floor 
where certain conduct is, or is not, permitted.

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

    The Exchange does not believe that the proposed rule changes will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change 
would ease burdens on the ability of a DMM to have a private 
conversation with an issuer by providing a physical location that would 
be excluded from the definition of Trading Floor that is private. 
Moreover, the Exchange believes that the proposed rule change would 
remove a significant burden on competition because it would enable DMMs 
that operate on both the NYSE and the Exchange to be subject to the 
same requirements regarding the use of the proposed telephone booths, 
regardless of the market on which they are trading.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\ 
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.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\20\ the

[[Page 73186]]

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 
has stated that it is requesting this waiver because the proposed rule 
change is based on the approved rules of NYSE and would be applicable 
to member organizations that are also NYSE member organizations, trade 
on the same physical facilities as NYSE, and are subject to trading 
rules based on the rules of NYSE. The Exchange further stated that the 
proposed rule change would permit the Exchange to implement changes to 
its rules at the same time that the approved changes are implemented by 
NYSE.
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because this waiver will enable the Exchange to maintain consistent 
definitions of Trading Floor and Floor between the Exchange and NYSE, 
which utilize the same physical location and have their member 
organizations in common. Waiver could thus avoid confusion that might 
arise from excluding the telephone booths described herein from the 
definition of Trading Floor for purposes of NYSE but not for the 
Exchange. The Commission notes that the Exchange, in adopting this 
proposed rule change, will be held to the same standards with respect 
to conducting surveillance for the misuse of material non-public 
information and monitoring for compliance with Exchange rules within 
the telephone booths and on the Trading Floor that the Commission based 
its findings on when approving NYSE's version of the proposed rule 
change. For the reasons described above, consistent with the protection 
of investors and the public interest, the Commission hereby waives the 
30-day operative delay requirement and designates the proposed rule 
change as operative upon filing.\21\
---------------------------------------------------------------------------

    \21\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \22\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEMKT-2016-92 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2016-92. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEMKT-2016-92, and should 
be submitted on or before November 14, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------


Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-25573 Filed 10-21-16; 8:45 am]
 BILLING CODE 8011-01-P