Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Rules To Make Technical and Conforming Updates, in Connection With the Merger of NYSE Arca Equities, Inc. With and Into the Exchange's Affiliate NYSE Arca, Inc. and the Name Change of NYSE National, Inc., 44683-44685 [2017-20361]
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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices
general partner or non-resident
managing agent of an SEC-registered
adviser and of an exempt reporting
adviser. The Commission has estimated
that compliance with the requirement to
complete Form ADV–NR imposes a total
burden of approximately 1.0 hour for an
adviser. Based on our experience with
these filings, we estimate that we will
receive 36 Form ADV–NR filings
annually. Based on the 1.0 hour per
respondent estimate, the Commission
staff estimates a total annual burden of
36 hours for this collection of
information.
Rule 0–2 and Form ADV–NR do not
require recordkeeping or records
retention. The collection of information
requirements under the rule and form is
mandatory. The information collected
pursuant to the rule and Form ADV–NR
is a filing with the Commission. This
filing is not kept confidential and must
be preserved until at least three years
after termination of the enterprise. An
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid control
number.
The public may view the background
documentation for this information
collection at the following Web site,
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to: Shagufta_
Ahmed@omb.eop.gov; and (ii) Pamela
Dyson, Director/Chief Information
Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon,
100 F Street NE., Washington, DC 20549
or send an email to: PRA_Mailbox@
sec.gov. Comments must be submitted to
OMB within 30 days of this notice.
Dated: September 19, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–20358 Filed 9–22–17; 8:45 am]
BILLING CODE 8011–01–P
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request Copies Available
From: Securities and Exchange
Commission Office of FOIA Services
100 F Street NE., Washington, DC
20549–2736
OMB Control No. 3235–0618
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget this
request for extension of the previously
approved collection of information
discussed below.
Securities Act Rule 173 (17 CFR
230.173) provides a notice of
registration to investors who purchased
securities in a registered offering under
the Securities Act of 1933 (15 U.S.C. 77a
et seq.). A Rule 173 notice must be
provided by each underwriter or dealer
to each investor who purchased
securities from the underwriter or
dealer. The Rule 173 notice is not
publicly available. We estimate that it
takes approximately 0.0167 hour per
response to provide the information
required under Rule 173 and that the
information is filed by approximately
5,338 respondents approximately 43,546
times a year for a total of 232,448,548
responses. We estimate that the total
annual reporting burden for Rule 173 is
3,881,891 hours (0.0167 hours per
response × 232,448,548 responses).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
control number.
The public may view the background
documentation for this information
collection at the following Web site,
www.reginfo.gov . Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to: Shagufta_
Ahmed@omb.eop.gov; and (ii) Pamela
Dyson, Director/Chief Information
Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon,
100 F Street NE., Washington DC 20549
or send an email to: PRA_Mailbox@
sec.gov. Comments must be submitted to
OMB within 30 days of this notice.
Dated: September 19, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–20360 Filed 9–22–17; 8:45 am]
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81651; File No. SR–
NYSEAMER–2017–14]
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Its Rules To
Make Technical and Conforming
Updates, in Connection With the
Merger of NYSE Arca Equities, Inc.
With and Into the Exchange’s Affiliate
NYSE Arca, Inc. and the Name Change
of NYSE National, Inc.
September 19, 2017.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’ or ‘‘Exchange Act’’) 2 and Rule
19b–4 thereunder,3 notice is hereby
given that, on September 6, 2017, NYSE
American LLC (the ‘‘Exchange’’ or
‘‘NYSE American’’) 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
rules to make technical and conforming
updates, in connection with (a) the
merger of NYSE Arca Equities, Inc. with
and into the Exchange’s affiliate NYSE
Arca, Inc., and (b) the name change of
NYSE National, Inc.
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
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.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
Extension: Rule 173, SEC File No. 270–557,
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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices
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 amend its
rules to make technical and conforming
updates in connection with (a) the
merger of NYSE Arca Equities, Inc.
(‘‘NYSE Arca Equities’’) with and into
the Exchange’s affiliate NYSE Arca, Inc.
(‘‘NYSE Arca’’), and (b) the name
change of NYSE National, Inc.4
Background
On June 2, 2017, the Exchange’s
affiliate, NYSE Arca, filed rule changes
with the Commission in connection
with the proposed merger of NYSE
Arca’s wholly-owned subsidiary, NYSE
Arca Equities, with and into NYSE Arca
(the ‘‘Merger’’).5 The proposed changes
were approved by the Commission on
August 17, 2017, and the Merger
occurred on that same date.6
Prior to the Merger, NYSE Arca had
two rulebooks: The NYSE Arca rules for
its options market and the NYSE Arca
Equities rules for its equities market. At
the Merger, the NYSE Arca Equities
rules were integrated into the NYSE
Arca rules, so that there is now one
NYSE Arca rulebook.7 As part of such
integration, some of the NYSE Arca
rules were renumbered. Accordingly,
the Exchange proposes to amend certain
of its rules, as detailed below, to make
technical and conforming updates to its
rules that cross reference the NYSE Arca
rules and delete references to the NYSE
Arca Equities rules.
In January 2017, the Exchange’s
parent NYSE Group, Inc. acquired all
the capital stock of National Stock
Exchange, Inc., which was renamed
‘‘NYSE National, Inc.’’ 8 The Exchange
proposes to update a reference to
National Stock Exchange, Inc. found in
the Exchange’s rules to reflect the new
name of such entity, NYSE National,
Inc.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Proposed Rule Changes
• In Exchange Rule 5.2E(j) (Exchange
Traded Products), the Exchange
4 The Exchange originally filed the proposed
changes on August 25, 2017 (SR–NYSEAmer–2017–
09). SR–NYSEAmer–2017–09 was subsequently
withdrawn on September 6, 2017 and replaced by
this filing.
5 See Securities Exchange Act Release No. 80929
(June 14, 2017), 82 FR 28157 (June 20, 2017) (SR–
NYSEArca–2017–40).
6 See Securities Exchange Act Release No. 81419
(August 17, 2017), 82 FR 40044 (August 23, 2017)
(SR–NYSEArca–2017–40).
7 See id. at 40044.
8 See Securities Exchange Act Release No. 79902
(January 30, 2017), 82 FR 9258 (February 3, 2017)
(SR–NSX–2016–16).
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19:45 Sep 22, 2017
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proposes to update the cross references
to NYSE Arca Equities Rule 5.2(j)(1) by
deleting the word ‘‘Equities’’ from the
term ‘‘NYSE Arca Equities Rule’’ and
appending an ‘‘–E’’ to the end of the
rule number. The new cross reference
would be to ‘‘NYSE Arca Rule 5.2–
E(j)(1).’’
• In Rule 6.3E (Prevention of the
Misuse of Material, Nonpublic
Information), the Exchange proposes to
update the references to NYSE Arca
Equities Rules 5E and 8E by deleting the
word ‘‘Equities’’ from the term ‘‘NYSE
Arca Equities Rules’’ and inserting the
dash between the rule number and the
‘‘E.’’ The new reference would be to
‘‘NYSE Arca Rules 5–E and 8–E.’’
• Lastly, the Exchange proposes to
replace ‘‘National Stock Exchange, LLC’’
with ‘‘NYSE National, Inc.’’ in Rule
7.37E (Order Execution and Ranking).
None of the foregoing changes are
substantive.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Exchange Act,9 in
general, and with Section 6(b)(1) 10 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 rules accurately cross reference the
rules of NYSE Arca and the name of
NYSE National, Inc. would contribute to
the orderly operation of the Exchange by
adding clarity and transparency to its
rules.
For similar reasons, the Exchange also
believes that the proposed rule change
is consistent with Section 6(b)(5) of the
Act,11 in that it is designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
U.S.C. 78f(b).
U.S.C. 78f(b)(1).
11 15 U.S.C. 78f(b)(5).
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.
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 its rules. The Exchange
believes that, by ensuring that such
rules accurately cross-reference the
rules of NYSE Arca and the name of
NYSE National, Inc., the proposed rule
change would reduce potential investor
or market participant confusion.
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
rules to reflect its affiliate’s merger and
integrated rulebook.
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 foregoing proposed rule change is
concerned solely with the
administration of the Exchange
pursuant to Section 19(b)(3)(A) 12 of the
Act and Rule 19b–4(f)(3) 13 thereunder.
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.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
9 15
10 15
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12 15
13 17
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U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(3).
25SEN1
Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEAMER–2017–14 on the subject
line.
Paper Comments
asabaliauskas on DSKBBXCHB2PROD with NOTICES
• 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–NYSEAMER–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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing 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–
NYSEAMER–2017–14 and should be
submitted on or before October 16,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–20361 Filed 9–22–17; 8:45 am]
BILLING CODE 8011–01–P
14 17
20:52 Sep 22, 2017
[Investment Company Act Release No.
32822; File No. 812–14689]
Barings Corporate Investors, et al.;
Notice of Application
September 20, 2017.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of application for an
order under Sections 17(d) and 57(i) of
the Investment Company Act of 1940
(the ‘‘Act’’) and Rule 17d–1 under the
Act permitting certain joint transactions
otherwise prohibited by Sections 17(d)
and 57(a)(4) of the Act and Rule 17d–
1 under the Act.
AGENCY:
Applicants
request an order to permit certain
closed-end investment companies and
certain business development
companies (‘‘BDCs’’) to co-invest in
portfolio companies with each other and
with affiliated investment funds.
APPLICANTS: Barings Corporate Investors
(formerly, Babson Capital Corporate
Investors) (‘‘MCI’’) and Barings
Participation Investors (formerly,
Babson Capital Participation Investors)
(‘‘MPV’’ and together with MCI, the
‘‘Existing Regulated Funds’’); CI
Subsidiary Trust (‘‘MCI Sub’’) and PI
Subsidiary Trust (‘‘MPV Sub’’);
Massachusetts Mutual Life Insurance
Company and its successors 1
(‘‘MassMutual’’); C.M. Life Insurance
Company (‘‘C.M. Life’’); Barings Finance
LLC (formerly, Babson Capital Finance
LLC) (‘‘BCF’’); Barings LLC (formerly,
Babson Capital Management, LLC) and
its successors (‘‘Barings’’) and any other
person controlling, controlled by, or
under common control with
MassMutual or Barings that is registered
as an investment adviser under the
Investment Advisers Act of 1940, as
amended (the ‘‘Advisers Act’’), and that
serves as an investment adviser to any
Regulated Fund (as defined below) or
any Affiliated Account (as defined
below) relying on the requested order
(each an ‘‘Adviser’’ and together with
Barings, the ‘‘Advisers’’); Tower Square
Capital Partners, L.P. (‘‘TS Capital’’);
TSCP Selective, L.P. (‘‘TSCP’’); Tower
Square Capital Partners II, L.P. (‘‘TS
Capital II’’); Tower Square Capital
Partners II–A, L.P. (‘‘TS Capital II–A’’);
Tower Square Capital Partners II–B, L.P.
(‘‘TS Capital II–B’’); Tower Square II
Holding 06–1, Inc. (‘‘TS Holding 06–1’’);
Tower Square Capital Partners III, L.P.
SUMMARY OF APPLICATION:
1 The term ‘‘successor’’ means an entity that
results from a reorganization or change in the type
of business organization.
CFR 200.30–3(a)(12).
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(‘‘TS Capital III’’); Tower Square Capital
Partners III–A, L.P. (‘‘TS Capital III–A’’);
Tower Square Capital Partners II–B, L.P.
(‘‘TS Capital III–B’’); Tower Square III
Holdings 08–1, Inc. (‘‘TS Holdings 08–
1’’); Tower Square Capital Partners IV,
L.P. (‘‘TS Capital IV’’); Tower Square
Capital Partners IV–A, L.P. (‘‘TS Capital
IV–A’’); Tower Square IV Holding 14–1,
Inc. (‘‘TS Holding 14–1’’); Barings
Global Credit Fund (Lux) SCSp, SICAV–
SIF (‘‘Global Credit Fund’’ and, together
with TS Capital, TSCP, TS Capital II, TS
Capital II–A, TS Capital II–B, TS
Holding 06–1, TS Capital III, TS Capital
III–A, TS Capital III–B, TS Holdings 08–
1, TS Capital IV, TS Capital IV–A, TS
Holding 14–1, and BCF, the ‘‘Existing
Private Funds’’ and, together with
MassMutual and C.M. Life, the
‘‘Existing Affiliated Accounts’’.
The application was filed
on August 12, 2016 and amended on
August 29, 2017.
FILING DATES:
An
order granting the requested relief will
be issued unless the Commission orders
a hearing. Interested persons may
request a hearing by writing to the
Commission’s Secretary and serving
applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on October 16, 2017 and
should be accompanied by proof of
service on applicants, in the form of an
affidavit or, for lawyers, a certificate of
service. Pursuant to Rule 0–5 under the
Act, hearing requests should state the
nature of the writer’s interest, any facts
bearing upon the desirability of a
hearing on the matter, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Commission’s Secretary.
HEARING OR NOTIFICATION OF HEARING:
Brent J. Fields, Secretary,
U.S. Securities and Exchange
Commission, 100 F St. NE., Washington,
DC 20549–1090. Applicants: 300 S.
Tryon Street, Suite 2500, Charlotte, NC
28202.
ADDRESSES:
Kyle
R. Ahlgren, Senior Counsel, at (202)
551–6857, or Holly L. Hunter-Ceci,
Assistant Chief Counsel, at (202) 551–
6825.
FOR FURTHER INFORMATION CONTACT:
The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
Web site by searching for the file
number, or for an applicant using the
Company name box, at https://
www.sec.gov/search/search.htm or by
calling (202) 551–8090.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\25SEN1.SGM
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Agencies
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44683-44685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20361]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81651; File No. SR-NYSEAMER-2017-14]
Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Amending Its
Rules To Make Technical and Conforming Updates, in Connection With the
Merger of NYSE Arca Equities, Inc. With and Into the Exchange's
Affiliate NYSE Arca, Inc. and the Name Change of NYSE National, Inc.
September 19, 2017.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'' or ``Exchange Act'') \2\ and Rule 19b-4
thereunder,\3\ notice is hereby given that, on September 6, 2017, NYSE
American LLC (the ``Exchange'' or ``NYSE American'') 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.
---------------------------------------------------------------------------
\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 to amend its rules to make technical and
conforming updates, in connection with (a) the merger of NYSE Arca
Equities, Inc. with and into the Exchange's affiliate NYSE Arca, Inc.,
and (b) the name change of NYSE National, Inc.
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
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.
[[Page 44684]]
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 amend its rules to make technical and
conforming updates in connection with (a) the merger of NYSE Arca
Equities, Inc. (``NYSE Arca Equities'') with and into the Exchange's
affiliate NYSE Arca, Inc. (``NYSE Arca''), and (b) the name change of
NYSE National, Inc.\4\
---------------------------------------------------------------------------
\4\ The Exchange originally filed the proposed changes on August
25, 2017 (SR-NYSEAmer-2017-09). SR-NYSEAmer-2017-09 was subsequently
withdrawn on September 6, 2017 and replaced by this filing.
---------------------------------------------------------------------------
Background
On June 2, 2017, the Exchange's affiliate, NYSE Arca, filed rule
changes with the Commission in connection with the proposed merger of
NYSE Arca's wholly-owned subsidiary, NYSE Arca Equities, with and into
NYSE Arca (the ``Merger'').\5\ The proposed changes were approved by
the Commission on August 17, 2017, and the Merger occurred on that same
date.\6\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 80929 (June 14,
2017), 82 FR 28157 (June 20, 2017) (SR-NYSEArca-2017-40).
\6\ See Securities Exchange Act Release No. 81419 (August 17,
2017), 82 FR 40044 (August 23, 2017) (SR-NYSEArca-2017-40).
---------------------------------------------------------------------------
Prior to the Merger, NYSE Arca had two rulebooks: The NYSE Arca
rules for its options market and the NYSE Arca Equities rules for its
equities market. At the Merger, the NYSE Arca Equities rules were
integrated into the NYSE Arca rules, so that there is now one NYSE Arca
rulebook.\7\ As part of such integration, some of the NYSE Arca rules
were renumbered. Accordingly, the Exchange proposes to amend certain of
its rules, as detailed below, to make technical and conforming updates
to its rules that cross reference the NYSE Arca rules and delete
references to the NYSE Arca Equities rules.
---------------------------------------------------------------------------
\7\ See id. at 40044.
---------------------------------------------------------------------------
In January 2017, the Exchange's parent NYSE Group, Inc. acquired
all the capital stock of National Stock Exchange, Inc., which was
renamed ``NYSE National, Inc.'' \8\ The Exchange proposes to update a
reference to National Stock Exchange, Inc. found in the Exchange's
rules to reflect the new name of such entity, NYSE National, Inc.
---------------------------------------------------------------------------
\8\ See Securities Exchange Act Release No. 79902 (January 30,
2017), 82 FR 9258 (February 3, 2017) (SR-NSX-2016-16).
---------------------------------------------------------------------------
Proposed Rule Changes
In Exchange Rule 5.2E(j) (Exchange Traded Products), the
Exchange proposes to update the cross references to NYSE Arca Equities
Rule 5.2(j)(1) by deleting the word ``Equities'' from the term ``NYSE
Arca Equities Rule'' and appending an ``-E'' to the end of the rule
number. The new cross reference would be to ``NYSE Arca Rule 5.2-
E(j)(1).''
In Rule 6.3E (Prevention of the Misuse of Material,
Nonpublic Information), the Exchange proposes to update the references
to NYSE Arca Equities Rules 5E and 8E by deleting the word ``Equities''
from the term ``NYSE Arca Equities Rules'' and inserting the dash
between the rule number and the ``E.'' The new reference would be to
``NYSE Arca Rules 5-E and 8-E.''
Lastly, the Exchange proposes to replace ``National Stock
Exchange, LLC'' with ``NYSE National, Inc.'' in Rule 7.37E (Order
Execution and Ranking).
None of the foregoing changes are substantive.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act,\9\ in general, and with Section
6(b)(1) \10\ 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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\9\ 15 U.S.C. 78f(b).
\10\ 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 rules accurately cross
reference the rules of NYSE Arca and the name of NYSE National, Inc.
would contribute to the orderly operation of the Exchange by adding
clarity and transparency to its rules.
For similar reasons, the Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\11\ 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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\11\ 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 its rules. The Exchange
believes that, by ensuring that such rules accurately cross-reference
the rules of NYSE Arca and the name of NYSE National, Inc., the
proposed rule change would reduce potential investor or market
participant confusion.
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 rules to reflect its affiliate's merger and
integrated rulebook.
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 foregoing proposed rule change is concerned solely with the
administration of the Exchange pursuant to Section 19(b)(3)(A) \12\ of
the Act and Rule 19b-4(f)(3) \13\ thereunder. 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.
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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(3).
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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
[[Page 44685]]
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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEAMER-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-NYSEAMER-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 (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing 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-NYSEAMER-2017-14 and should
be submitted on or before October 16, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-20361 Filed 9-22-17; 8:45 am]
BILLING CODE 8011-01-P