Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Organizational Documents, Company Guide, Price List, Fee Schedules, Independence Policy and Rules To Change the Name of the Exchange to NYSE American LLC, 15244-15247 [2017-05920]

Download as PDF 15244 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. The 1203 series was commonly referred to as the ‘‘Qualifications and Availability Form C.’’ OPM re-titled the series as ‘‘Occupational Questionnaire’’ to fit a more generic need. OPM uses this form to carry out its responsibility for open competitive examining for admission to the competitive service in accordance with Section 3304, Title 5, United States Code. One change has been made to the form under Section 14, Veterans’ Preference. The addition of Sole Survivorship Preference was added to reflect the amended eligibility categories for veterans’ preference per Public Law 110–317, the Hubbard Act. Subparagraph (H) established the new category for veterans released or discharged from a period of active duty from the armed forces, after August 29, 2008, by reason of a ‘‘sole survivorship discharge.’’ Analysis Agency: Automated Systems Management Group, Office of Personnel Management. Title: Occupational Questionnaire, OPM Form 1203–FX. OMB Number: 3260–0040. Frequency: On occasion. Affected Public: Individuals and households. Number of Respondents: approximately 11,400,000. Estimated Time per Respondent: 40 minutes. Total Burden Hours: 7,600,000 hours. U.S. Office of Personnel Management. Kathleen M. McGettigan, Acting Director. [FR Doc. 2017–05957 Filed 3–24–17; 8:45 am] and Technology (NSET) Subcommittee of the Committee on Technology, National Science and Technology Council (NSTC), will hold one or more workshops to engage stakeholders and facilitate discussion on key nanotechnology matters. Topics covered may include nanosensor manufacturing; environmental, health, and safety issues; converging technologies; or other areas of potential interest to the nanotechnology community. The NNCO will hold one or more workshops between the publication of this Notice and December 31, 2017. DATES: For information about upcoming workshops, please visit http://www.nano.gov/events/meetingsworkshops. ADDRESSES: For information regarding this Notice, please contact Jewel Beamon at National Nanotechnology Coordination Office, by telephone (703–292–8626) or email (jbeamon@nnco.nano.gov). Additional information about each workshop will be posted on www.nano.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Registration: Due to space limitations, pre-registration for workshops is required. Registration is on a first-come, first-served basis, and will be available on www.nano.gov. Registration for the workshops will be capped as space limitations dictate. Individuals planning to attend a workshop can find registration information at http:// www.nano.gov/meetings-workshops. Written notices of participation by email should be sent to info@nnco.nano.gov or mailed to Jewel Beamon, 4201 Wilson Blvd., Stafford II, Suite 405, Arlington, VA 22230. Meeting Accomodations: Individuals requiring special accommodation to access any of these public events should contact Jewel Beamon (telephone 703– 292–8626) at least ten business days prior to the meeting so that appropriate arrangements can be made. asabaliauskas on DSK3SPTVN1PROD with NOTICES BILLING CODE 6325–43–P Ted Wackler, Deputy Chief of Staff and Assistant Director. OFFICE OF SCIENCE AND TECHNOLOGY POLICY [FR Doc. 2017–05913 Filed 3–24–17; 8:45 am] BILLING CODE 3270–F7–P National Nanotechnology Initiative Workshops ACTION: Notice of public meetings. The National Nanotechnology Coordination Office (NNCO), on behalf of the Nanoscale Science, Engineering, SUMMARY: VerDate Sep<11>2014 18:02 Mar 24, 2017 Jkt 241001 PO 00000 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–80283; File No. SR– NYSEMKT–2017–14] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Organizational Documents, Company Guide, Price List, Fee Schedules, Independence Policy and Rules To Change the Name of the Exchange to NYSE American LLC March 21, 2017. 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 March 16, 2017 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, II, and III below, which Items have been prepared by the selfregulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes, in connection with its name change to NYSE American LLC, to amend certain organizational documents, the NYSE MKT LLC Company Guide (‘‘Company Guide’’), the NYSE MKT Equities Price List (‘‘Price List’’), the NYSE Amex Options Fee Schedule (‘‘Fee Schedule’’), the NYSE MKT LLC Equities Proprietary Market Data Fees (‘‘Market Data Fees’’), the Independence Policy of the Board of Directors (‘‘Independence Policy’’), and rules of the Exchange to reflect that name change. The proposed 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 1 15 U.S.C. 78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 2 15 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices 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 asabaliauskas on DSK3SPTVN1PROD with NOTICES 1. Purpose NYSE MKT proposes, in connection with its name change to NYSE American LLC (‘‘NYSE American’’), to amend certain organizational documents, the Company Guide, Price List, Fee Schedule, Market Data Fees, Independence Policy, and rules of the Exchange to reflect that name change. Name Change of the Exchange In 2008, NYSE Euronext acquired the American Stock Exchange LLC (‘‘Amex’’), as a result of which the Exchange, as the successor entity to Amex, became a wholly owned subsidiary of NYSE Group, Inc. At that time, the Exchange was named ‘‘NYSE Alternext US LLC.’’ 4 In 2009, the name of the Exchange was changed to ‘‘NYSE Amex LLC’’ 5 and in 2012 it was changed to ‘‘NYSE MKT LLC.’’ 6 The Exchange has now determined that for marketing purposes it would be desirable to change the name of the Exchange to ‘‘NYSE American LLC.’’ In connection with the name change, the Exchange proposes to amend the following documents as described below: • Certificate of Formation: The Exchange proposes to replace ‘‘NYSE MKT LLC’’ with ‘‘NYSE American LLC’’ in number 1 of the certificate of formation and to make conforming changes to the title. • Tenth Amended and Restated Operating Agreement of NYSE MKT LLC: The Exchange proposes to replace ‘‘NYSE MKT LLC’’ with ‘‘NYSE American LLC’’ in Article I, Section 1.01 (Name) and to replace ‘‘NYSE MKT DCRC’’ with ‘‘NYSE American DCRC’’ in Article II, Section 2.03 (Board). The Exchange also proposes to make conforming changes to the title, preamble, recitals, and signature line. • Company Guide: The Exchange proposes to replace ‘‘NYSE MKT LLC’’ with ‘‘NYSE American LLC’’ in the title, 4 See Securities Exchange Act Release No. 58673 (September 29, 2008), 73 FR 57707 (October 3, 2008) (SR–Amex–2008–62). 5 See Securities Exchange Act Release No. 59575 (March 13, 2009), 74 FR 11803 (March 19, 2009) (SR–NYSEALTR–2009–24). 6 See Securities Exchange Act Release No. 67037 (May 21, 2012), 77 FR 31415 (May 25, 2012) (SR– NYSEAmex–2012–32). VerDate Sep<11>2014 18:02 Mar 24, 2017 Jkt 241001 Section 211(c) (Original Listing Application—General) and Section 350 (Cancellation Notice), and in the Appendix forms for an Initial Public Offering, Common Stock, and Listing Agreement. • Price List: The Exchange proposes to replace ‘‘NYSE MKT’’ with ‘‘NYSE American’’ in the title and throughout the Price List. Under ‘‘Co-Location Fees,’’ the Exchange proposes to replace ‘‘NYSE MKT Equities Price List’’ with ‘‘NYSE American Equities Price List’’ and ‘‘NYSE MKT Options Fee Schedule’’ with ‘‘NYSE American Options Fee Schedule.’’ Under ‘‘Listing Fees,’’ the Exchange proposes to replace ‘‘NYSE MKT Company Guide’’ with ‘‘NYSE American Company Guide.’’ • Fee Schedule: The Exchange proposes to replace ‘‘NYSE MKT LLC’’ with ‘‘NYSE American LLC’’ in the title. Additionally, the Exchange proposes to replace all references to ‘‘NYSE MKT’’ with ‘‘NYSE American’’ in ‘‘Section V. Technology & System Access Fees—CoLocation Fees.’’ • Market Data Fees: The Exchange proposes to replace ‘‘NYSE MKT LLC’’ with ‘‘NYSE American LLC’’ in the title. Additionally, the Exchange proposes to replace all references to ‘‘NYSE MKT’’ with ‘‘NYSE American’’ in the product names and footnotes 1, 2, and 4. • Independence Policy: The Exchange proposes to replace ‘‘NYSE MKT LLC’’ with ‘‘NYSE American LLC’’ throughout the Independence Policy.7 Additionally, the Exchange proposes to replace ‘‘[Insert name of relevant NYSE U.S. Regulated Subsidiary]’’ with ‘‘NYSE American LLC.’’ The text being replaced was used in prior filings because several entities used the same Independence Policy.8 7 In addition, the Exchange proposes to delete footnote 2 of the Independence Policy, which has an obsolete reference to NYSE Regulation, Inc. (‘‘NYSE Regulation’’). NYSE Regulation and NYSE Market (DE), Inc. (‘‘NYSE Market (DE)’’) were previously parties to a Delegation Agreement whereby the New York Stock Exchange LLC delegated certain regulatory functions to NYSE Regulation and certain market functions to NYSE Market (DE) (‘‘Delegation Agreement’’). The Delegation Agreement was terminated when the New York Stock Exchange LLC re-integrated its regulatory and market functions. As a result, the two entities ceased being regulated subsidiaries, and NYSE Regulation was merged out of existence. See Securities Exchange Act Release No. 75991 (September 28, 2015), 80 FR 59837 (October 10, 2015) (SR–NYSE–2015–27). 8 Prior to the termination of the Delegation Agreement, the same Independence Policy applied to the Exchange, the New York Stock Exchange LLC, NYSE Market (DE), and NYSE Regulation. See Securities Exchange Act Release Nos. 72156 (May 13, 2014), 79 FR 28782 (May 19, 2014) (SR– NYSEMKT–2014–41); 67564 (August 1, 2012), 77 FR 47161 (August 7, 2012) (SR–NYSE–2012–17; SR–NYSEArca–2012–59; SR–NYSEMKT–2012–07). PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 15245 In addition, the Exchange proposes to amend its rules as follows: • The Exchange proposes to replace ‘‘NYSE MKT LLC’’ with ‘‘NYSE American LLC’’ in definitions 11 (‘‘The Exchange’’) and 37 (‘‘Company Guide’’); Rule 341, Commentary .02 and .08 (Approval of Registered Employees and Officers); Rule 1—Equities (The Exchange and Related Entities); Rule 37—Equities (Visitors); Rule 98— Equities (c)(6) (Operation of a DMM Unit); Rule 227—Equities Forms 6(a), 7(a), and 12(a) (Depository Eligibility); Rule 497—Equities (a)(3) (Additional Requirements for Listed Securities Issued by ICE or its Affiliates); and Rule 900.2NY(45) and (47) (Definitions). • The Exchange proposes to replace ‘‘NYSE MKT LLC’’ with ‘‘the Exchange’’ in Rule 341, Commentary .08 (Approval of Registered Employees and Officers). • The Exchange proposes to replace ‘‘NYSE MKT Bonds’’ with ‘‘NYSE American Bonds’’ in Rule 51—Equities (a), Supplementary Material .20 (Hours for Business); Rule 72—Equities, Supplementary Material .40 (Priority of Bids and Offers and Allocation of Executions); Rule 86—Equities (NYSE MKT Bonds); Rule 119—Equities (Change in Basis from ‘‘And Interest’’ to ‘‘Flat’’); and Rule 123B—Equities, Supplementary Material .30 (Exchange Automated Order Routing System). • In Rule 86—Equities (b)(2) and (c), the Exchange proposes to replace ‘‘NYSE MKT Bonds Limit Order’’ with ‘‘NYSE American Bonds Limit Order’’; ‘‘NYSE MKT Bonds Reserve Order’’ with ‘‘NYSE American Bonds Reserve Order’’; ‘‘NYSE MKT Bonds Good ‘Til Cancelled Order’’ with NYSE American Bonds Good ‘Til Cancelled Order’’; and ‘‘NYSE MKT Bonds Day Order’’ with ‘‘NYSE American Bonds Day Order.’’ • The Exchange proposes to replace ‘‘NYSE MKT Company Guide’’ with ‘‘Company Guide’’ in Rule 2210— Equities (c)(7)(N) (Communications with the Public). • The Exchange proposes to replace ‘‘NYSE MKT’’ with ‘‘NYSE American’’ in Rule 3170—Equities (a)(3) (Tape Recording of Registered Persons by Certain Firms). • In the Trading of Options Contracts portion of the rulebook, the Exchange proposes to replace ‘‘NYSE MKT’’ with ‘‘Exchange’’ in Section 15 (Flexible Exchange (‘‘FLEX’’) Options), Rule 900G(b) (Applicability and Definitions); Rule 903G(b)(4) and (5) (Terms of FLEX Options); and Rule 975NY(k)(3)(A) (Nullification and Adjustment of Options Transactions including Obvious Errors). E:\FR\FM\27MRN1.SGM 27MRN1 15246 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices None of the foregoing changes are substantive.9 The name change and the above-listed changes would become operative upon the effectiveness of an amendment to the Exchange’s Certificate of Formation, which is expected to be no later than June 30, 2017. The Exchange will announce the name change via Trader Update. asabaliauskas on DSK3SPTVN1PROD with NOTICES 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Exchange Act 10 in general, and with Section 6(b)(1) 11 in particular, in that it enables the Exchange to be so organized as to have the capacity to be able to carry out the purposes of the Exchange Act and to comply, and to enforce compliance by its exchange members and persons associated with its exchange members, with the provisions of the Exchange Act, the rules and regulations thereunder, and the rules of the Exchange. The proposed rule change is a nonsubstantive change and does not impact the governance or ownership of the Exchange. The Exchange believes that the proposed rule change would enable the Exchange to continue to be so organized as to have the capacity to carry out the purposes of the Exchange Act and comply and enforce compliance with the provisions of the Exchange Act by its members and persons associated with its members, because ensuring that the Exchange’s governing documents, Company Guide, Price List, Fee Schedule, Market Data Fees, Independence Policy and rulebook accurately reflect the name of the Exchange would contribute to the orderly operation of the Exchange by adding clarity and transparency to such documents and rules. For similar reasons, the Exchange also believes that the proposed rule change is consistent with Section 6(b)(5) of the Act,12 in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest. 9 The Exchange will submit subsequent rule filings as necessary to make any technical corrections to proposed rule changes that are pending as of the date of submission of this filing and approved by the Commission thereafter. 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(1). 12 15 U.S.C. 78f(b)(5). VerDate Sep<11>2014 18:02 Mar 24, 2017 Jkt 241001 The Exchange 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 by ensuring that market participants can more easily navigate, understand and comply with the Exchange’s governing documents, Company Guide, Price List, Fee Schedule, Market Data Fees, Independence Policy and rulebook. The Exchange believes that, by ensuring that such documents and rulebook accurately reflect the name of the Exchange, the proposed rule change would reduce potential investor or market participant confusion. The Exchange believes that the proposed changes to replace ‘‘[Insert name of relevant NYSE U.S. Regulated Subsidiary]’’ with ‘‘NYSE American LLC’’ would contribute to the orderly operation of the Exchange by adding clarity and transparency to such document. Further, the Exchange believes that the proposed deletion of footnote two of the Independence Policy would remove impediments to, and perfect the mechanism of a free and open market and a national market system and, in general, protect investors and the public interest because the change would eliminate an obsolete reference to NYSE Regulation, thereby reducing potential confusion. Market participants and investors would not be harmed and in fact could benefit from the increased clarity and transparency in the Independence Policy, ensuring that market participants could more easily understand the Independence Policy. 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 not intended to address competitive issues but rather is concerned solely with updating the Exchange’s organizational documents, Company guide, Price List, Fee Schedule, Market Data Fees, Independence Policy and rules to reflect its name change. 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. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Ac t13 and Rule 19b–4(f)(3) 14 thereunder in that the proposed rule change is concerned solely with the administration of the Exchange. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may 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) 15 of the Act to determine whether the proposed rule change 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. 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 rule-comments@ sec.gov. Please include File Number SR– NYSEMKT–2017–14 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–2017–14. 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 13 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(3). 15 15 U.S.C. 78s(b)(2)(B). 14 17 E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices 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 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–2017–14 and should be submitted on or before April 17, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16 Eduardo A. Aleman, Assistant Secretary. BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–80286; File No. SR–CBOE– 2017–022] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MDX Fees Schedule March 21, 2017. asabaliauskas on DSK3SPTVN1PROD with NOTICES Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on March 14, 2017, Chicago Board Options Exchange, Incorporated (the ‘‘Exchange’’ or ‘‘CBOE’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change Chicago Board Options Exchange, Incorporated (the ‘‘Exchange’’ or ‘‘CBOE’’) proposes to amend user fees for the Complex Order Book (‘‘COB’’) 1. Purpose The Exchange proposes to make a number of changes to the Fees Schedule of the Exchange’s affiliate Market Data Express, LLC (‘‘MDX’’).3 The purpose of the proposed rule change is to amend user fees for the Best Bid and Offer (‘‘BBO’’) data feed. This data feed is made available by MDX. BBO Data Feed The BBO Data Feed is a real-time data feed that includes the following information: (i) Outstanding quotes and standing orders at the best available price level on each side of the market; (ii) executed trades time, size, and price; (iii) totals of customer versus noncustomer contracts at the BBO; (iv) allor-none contingency orders priced better than or equal to the BBO; (v) expected opening price and expected opening size; (vi) end-of-day summaries by product, including open, high, low, and closing price during the trading session; (vi) recap messages any time there is a change in the open, high, low or last sale price of a listed option, (vii) Complex Order Book (‘‘COB’’) information; and (viii) product IDs and codes for all listed options contracts. The quote and last sale data contained in the BBO data feed is identical to the data sent to the Options Price Reporting 3 The Exchange initially filed the proposed fee changes on March 1, 2017 (SR–CBOE–2017–020). On March 14, 2017, the Exchange withdrew that filing and submitted this filing. 16 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 18:02 Mar 24, 2017 II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these 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 aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change [FR Doc. 2017–05920 Filed 3–24–17; 8:45 am] VerDate Sep<11>2014 Data Feed. The text of the proposed rule change is available on the Exchange’s Web site (http://www.cboe.com/ AboutCBOE/ CBOELegalRegulatoryHome.aspx), at the Exchange’s Office of the Secretary, and at the Commission’s Public Reference Room. Jkt 241001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 15247 Authority for redistribution to the public. Background The Floor Broker Workstation (‘‘FBW’’) is an order management tool used by CBOE Floor Brokers to handle orders on the trading floor of the Exchange. Through February 28, 2017, FBW was a third-party facility of the Exchange. CBOE made the BBO data feed available to Floor Brokers that used FBW at no cost, apart from the applicable FBW login fees ($450 per login ID). Floor Brokers used the BBO Data Feed via FBW primarily to comply with customer priority obligations, such as those outlined in CBOE Rule 6.45 (as mentioned above, the BBO data includes customer contracts at the BBO). Floor Brokers who receive the BBO data feed via FBW (as a facility of CBOE) are not considered ‘‘Customers’’ of MDX to whom the BBO Data Fee applies (unless the Floor Broker has a separate market data agreement in place with MDX) and accordingly are not charged the BBO Data Fee.4 Fees Prior to the beginning of trading on March 1, 2017, the Exchange will no longer offer FBWs to its Trading Permit Holders (‘‘TPHs’’) and will deactivate FBW logins on the trading floor.5 As of March 1, 2017, Floor Brokers will need another mechanism through which they may access the BBO Data Feed. The Exchange proposes to provide a reduced cost version of the BBO Data Feed if [sic] to Floor Brokers that elect to receive the feed through a third-party provided device so that they can meet their customer priority obligations. The Exchange is proposing a fee of $100 per month, per Approved ThirdParty Device, for Floor Broker Users accessing the BBO data feed on the Exchange floor. Floor Broker User fees are payable only for CBOE Floor Brokers accessing the BBO data feed via Approved Third-Party Devices for managing and executing orders on the CBOE trading floor. An ‘‘Approved Third-Party Device’’ means any computer, workstation or other item of equipment, fixed or portable, that receives, accesses and/or displays data 4 A Customer is any person, company or other entity that, pursuant to a market data agreement with MDX, is entitled to receive data, either directly from MDX or through an authorized redistributor (i.e., a Customer or an extranet service provider), whether that data is distributed externally or used internally. Floor Brokers receiving the BBO Data Feed from CBOE via FBW do not receive the feed via an approved redistributor. The MDX fee schedule for CBOE data is located at https:// www.cboe.org/MDX/CSM/OBOOKMain.aspx. 5 See CBOE Regulatory Circular RG16–195. E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15244-15247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05920]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80283; File No. SR-NYSEMKT-2017-14]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change To Amend Its 
Organizational Documents, Company Guide, Price List, Fee Schedules, 
Independence Policy and Rules To Change the Name of the Exchange to 
NYSE American LLC

March 21, 2017.
    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 March 16, 2017 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, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes, in connection with its name change to NYSE 
American LLC, to amend certain organizational documents, the NYSE MKT 
LLC Company Guide (``Company Guide''), the NYSE MKT Equities Price List 
(``Price List''), the NYSE Amex Options Fee Schedule (``Fee 
Schedule''), the NYSE MKT LLC Equities Proprietary Market Data Fees 
(``Market Data Fees''), the Independence Policy of the Board of 
Directors (``Independence Policy''), and rules of the Exchange to 
reflect that name change. The proposed 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

[[Page 15245]]

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
    NYSE MKT proposes, in connection with its name change to NYSE 
American LLC (``NYSE American''), to amend certain organizational 
documents, the Company Guide, Price List, Fee Schedule, Market Data 
Fees, Independence Policy, and rules of the Exchange to reflect that 
name change.
Name Change of the Exchange
    In 2008, NYSE Euronext acquired the American Stock Exchange LLC 
(``Amex''), as a result of which the Exchange, as the successor entity 
to Amex, became a wholly owned subsidiary of NYSE Group, Inc. At that 
time, the Exchange was named ``NYSE Alternext US LLC.'' \4\ In 2009, 
the name of the Exchange was changed to ``NYSE Amex LLC'' \5\ and in 
2012 it was changed to ``NYSE MKT LLC.'' \6\ The Exchange has now 
determined that for marketing purposes it would be desirable to change 
the name of the Exchange to ``NYSE American LLC.''
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 58673 (September 29, 
2008), 73 FR 57707 (October 3, 2008) (SR-Amex-2008-62).
    \5\ See Securities Exchange Act Release No. 59575 (March 13, 
2009), 74 FR 11803 (March 19, 2009) (SR-NYSEALTR-2009-24).
    \6\ See Securities Exchange Act Release No. 67037 (May 21, 
2012), 77 FR 31415 (May 25, 2012) (SR-NYSEAmex-2012-32).
---------------------------------------------------------------------------

    In connection with the name change, the Exchange proposes to amend 
the following documents as described below:
     Certificate of Formation: The Exchange proposes to replace 
``NYSE MKT LLC'' with ``NYSE American LLC'' in number 1 of the 
certificate of formation and to make conforming changes to the title.
     Tenth Amended and Restated Operating Agreement of NYSE MKT 
LLC: The Exchange proposes to replace ``NYSE MKT LLC'' with ``NYSE 
American LLC'' in Article I, Section 1.01 (Name) and to replace ``NYSE 
MKT DCRC'' with ``NYSE American DCRC'' in Article II, Section 2.03 
(Board). The Exchange also proposes to make conforming changes to the 
title, preamble, recitals, and signature line.
     Company Guide: The Exchange proposes to replace ``NYSE MKT 
LLC'' with ``NYSE American LLC'' in the title, Section 211(c) (Original 
Listing Application--General) and Section 350 (Cancellation Notice), 
and in the Appendix forms for an Initial Public Offering, Common Stock, 
and Listing Agreement.
     Price List: The Exchange proposes to replace ``NYSE MKT'' 
with ``NYSE American'' in the title and throughout the Price List. 
Under ``Co-Location Fees,'' the Exchange proposes to replace ``NYSE MKT 
Equities Price List'' with ``NYSE American Equities Price List'' and 
``NYSE MKT Options Fee Schedule'' with ``NYSE American Options Fee 
Schedule.'' Under ``Listing Fees,'' the Exchange proposes to replace 
``NYSE MKT Company Guide'' with ``NYSE American Company Guide.''
     Fee Schedule: The Exchange proposes to replace ``NYSE MKT 
LLC'' with ``NYSE American LLC'' in the title. Additionally, the 
Exchange proposes to replace all references to ``NYSE MKT'' with ``NYSE 
American'' in ``Section V. Technology & System Access Fees--Co-Location 
Fees.''
     Market Data Fees: The Exchange proposes to replace ``NYSE 
MKT LLC'' with ``NYSE American LLC'' in the title. Additionally, the 
Exchange proposes to replace all references to ``NYSE MKT'' with ``NYSE 
American'' in the product names and footnotes 1, 2, and 4.
     Independence Policy: The Exchange proposes to replace 
``NYSE MKT LLC'' with ``NYSE American LLC'' throughout the Independence 
Policy.\7\ Additionally, the Exchange proposes to replace ``[Insert 
name of relevant NYSE U.S. Regulated Subsidiary]'' with ``NYSE American 
LLC.'' The text being replaced was used in prior filings because 
several entities used the same Independence Policy.\8\
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    \7\ In addition, the Exchange proposes to delete footnote 2 of 
the Independence Policy, which has an obsolete reference to NYSE 
Regulation, Inc. (``NYSE Regulation''). NYSE Regulation and NYSE 
Market (DE), Inc. (``NYSE Market (DE)'') were previously parties to 
a Delegation Agreement whereby the New York Stock Exchange LLC 
delegated certain regulatory functions to NYSE Regulation and 
certain market functions to NYSE Market (DE) (``Delegation 
Agreement''). The Delegation Agreement was terminated when the New 
York Stock Exchange LLC re-integrated its regulatory and market 
functions. As a result, the two entities ceased being regulated 
subsidiaries, and NYSE Regulation was merged out of existence. See 
Securities Exchange Act Release No. 75991 (September 28, 2015), 80 
FR 59837 (October 10, 2015) (SR-NYSE-2015-27).
    \8\ Prior to the termination of the Delegation Agreement, the 
same Independence Policy applied to the Exchange, the New York Stock 
Exchange LLC, NYSE Market (DE), and NYSE Regulation. See Securities 
Exchange Act Release Nos. 72156 (May 13, 2014), 79 FR 28782 (May 19, 
2014) (SR-NYSEMKT-2014-41); 67564 (August 1, 2012), 77 FR 47161 
(August 7, 2012) (SR-NYSE-2012-17; SR-NYSEArca-2012-59; SR-NYSEMKT-
2012-07).
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    In addition, the Exchange proposes to amend its rules as follows:
     The Exchange proposes to replace ``NYSE MKT LLC'' with 
``NYSE American LLC'' in definitions 11 (``The Exchange'') and 37 
(``Company Guide''); Rule 341, Commentary .02 and .08 (Approval of 
Registered Employees and Officers); Rule 1--Equities (The Exchange and 
Related Entities); Rule 37--Equities (Visitors); Rule 98--Equities 
(c)(6) (Operation of a DMM Unit); Rule 227--Equities Forms 6(a), 7(a), 
and 12(a) (Depository Eligibility); Rule 497--Equities (a)(3) 
(Additional Requirements for Listed Securities Issued by ICE or its 
Affiliates); and Rule 900.2NY(45) and (47) (Definitions).
     The Exchange proposes to replace ``NYSE MKT LLC'' with 
``the Exchange'' in Rule 341, Commentary .08 (Approval of Registered 
Employees and Officers).
     The Exchange proposes to replace ``NYSE MKT Bonds'' with 
``NYSE American Bonds'' in Rule 51--Equities (a), Supplementary 
Material .20 (Hours for Business); Rule 72--Equities, Supplementary 
Material .40 (Priority of Bids and Offers and Allocation of 
Executions); Rule 86--Equities (NYSE MKT Bonds); Rule 119--Equities 
(Change in Basis from ``And Interest'' to ``Flat''); and Rule 123B--
Equities, Supplementary Material .30 (Exchange Automated Order Routing 
System).
     In Rule 86--Equities (b)(2) and (c), the Exchange proposes 
to replace ``NYSE MKT Bonds Limit Order'' with ``NYSE American Bonds 
Limit Order''; ``NYSE MKT Bonds Reserve Order'' with ``NYSE American 
Bonds Reserve Order''; ``NYSE MKT Bonds Good `Til Cancelled Order'' 
with NYSE American Bonds Good `Til Cancelled Order''; and ``NYSE MKT 
Bonds Day Order'' with ``NYSE American Bonds Day Order.''
     The Exchange proposes to replace ``NYSE MKT Company 
Guide'' with ``Company Guide'' in Rule 2210--Equities (c)(7)(N) 
(Communications with the Public).
     The Exchange proposes to replace ``NYSE MKT'' with ``NYSE 
American'' in Rule 3170--Equities (a)(3) (Tape Recording of Registered 
Persons by Certain Firms).
     In the Trading of Options Contracts portion of the 
rulebook, the Exchange proposes to replace ``NYSE MKT'' with 
``Exchange'' in Section 15 (Flexible Exchange (``FLEX'') Options), Rule 
900G(b) (Applicability and Definitions); Rule 903G(b)(4) and (5) (Terms 
of FLEX Options); and Rule 975NY(k)(3)(A) (Nullification and Adjustment 
of Options Transactions including Obvious Errors).

[[Page 15246]]

    None of the foregoing changes are substantive.\9\ The name change 
and the above-listed changes would become operative upon the 
effectiveness of an amendment to the Exchange's Certificate of 
Formation, which is expected to be no later than June 30, 2017. The 
Exchange will announce the name change via Trader Update.
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    \9\ The Exchange will submit subsequent rule filings as 
necessary to make any technical corrections to proposed rule changes 
that are pending as of the date of submission of this filing and 
approved by the Commission thereafter.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Exchange Act \10\ in general, and with Section 
6(b)(1) \11\ in particular, in that it enables the Exchange to be so 
organized as to have the capacity to be able to carry out the purposes 
of the Exchange Act and to comply, and to enforce compliance by its 
exchange members and persons associated with its exchange members, with 
the provisions of the Exchange Act, the rules and regulations 
thereunder, and the rules of the Exchange.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(1).
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    The proposed rule change is a non-substantive change and does not 
impact the governance or ownership of the Exchange. The Exchange 
believes that the proposed rule change would enable the Exchange to 
continue to be so organized as to have the capacity to carry out the 
purposes of the Exchange Act and comply and enforce compliance with the 
provisions of the Exchange Act by its members and persons associated 
with its members, because ensuring that the Exchange's governing 
documents, Company Guide, Price List, Fee Schedule, Market Data Fees, 
Independence Policy and rulebook accurately reflect the name of the 
Exchange would contribute to the orderly operation of the Exchange by 
adding clarity and transparency to such documents and rules.
    For similar reasons, the Exchange also believes that the proposed 
rule change is consistent with Section 6(b)(5) of the Act,\12\ in that 
it is designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system and, 
in general, to protect investors and the public interest.
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    \12\ 15 U.S.C. 78f(b)(5).
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    The Exchange 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 by ensuring that market participants can more 
easily navigate, understand and comply with the Exchange's governing 
documents, Company Guide, Price List, Fee Schedule, Market Data Fees, 
Independence Policy and rulebook. The Exchange believes that, by 
ensuring that such documents and rulebook accurately reflect the name 
of the Exchange, the proposed rule change would reduce potential 
investor or market participant confusion.
    The Exchange believes that the proposed changes to replace 
``[Insert name of relevant NYSE U.S. Regulated Subsidiary]'' with 
``NYSE American LLC'' would contribute to the orderly operation of the 
Exchange by adding clarity and transparency to such document.
    Further, the Exchange believes that the proposed deletion of 
footnote two of the Independence Policy would remove impediments to, 
and perfect the mechanism of a free and open market and a national 
market system and, in general, protect investors and the public 
interest because the change would eliminate an obsolete reference to 
NYSE Regulation, thereby reducing potential confusion. Market 
participants and investors would not be harmed and in fact could 
benefit from the increased clarity and transparency in the Independence 
Policy, ensuring that market participants could more easily understand 
the Independence Policy.

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 
not intended to address competitive issues but rather is concerned 
solely with updating the Exchange's organizational documents, Company 
guide, Price List, Fee Schedule, Market Data Fees, Independence Policy 
and rules to reflect its name change.

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 proposed rule change has become effective pursuant to Section 
19(b)(3)(A) of the Ac t\13\ and Rule 19b-4(f)(3) \14\ thereunder in 
that the proposed rule change is concerned solely with the 
administration of the Exchange.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(3).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may 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) \15\ of the Act to determine whether the proposed rule 
change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
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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 rule-comments@sec.gov. Please include 
File Number SR-NYSEMKT-2017-14 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-2017-14. 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

[[Page 15247]]

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 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-2017-14 and should be submitted on or before 
April 17, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05920 Filed 3-24-17; 8:45 am]
 BILLING CODE 8011-01-P