Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 497(c) Regarding the Requirements for the Listing of Securities That Are Issued by the Exchange or Any of Its Affiliates, 56317-56319 [2017-25692]
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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
All submissions should refer to File
Number SR–NASDAQ–2017–122. 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.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NASDAQ–2017–122 and
should be submitted on or before
December 19, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–25693 Filed 11–27–17; 8:45 am]
ethrower on DSK3G9T082PROD with NOTICES
BILLING CODE 8011–01–P
[Release No. 34–82150; File No. SR–NYSE–
2017–61]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Rule
497(c) Regarding the Requirements for
the Listing of Securities That Are
Issued by the Exchange or Any of Its
Affiliates
November 22, 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 November
17, 2017, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) 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 to amend
Rule 497(c) regarding the requirements
for the listing of securities that are
issued by the Exchange or any of its
affiliates. 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.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
7 17
CFR 200.30–3(a)(12).
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56317
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
Rule 497(c) (Additional Requirements
for Listed Securities Issued by
Intercontinental Exchange, Inc. or its
Affiliates) regarding the requirements
for the listing of securities that are
issued by the Exchange or any of its
affiliates.
Rule 497(c) sets forth certain
monitoring requirements that must be
met throughout the continued listing
and trading of securities issued by the
Exchange’s ultimate parent,
Intercontinental Exchange, Inc. (‘‘ICE’’),
or its affiliates. More specifically, Rule
497(c)(1) and (2) provide that,
throughout the continued listing and
trading of an Affiliate Security 4 on the
Exchange:
• The Exchange will prepare a
quarterly report on the Affiliate Security
(‘‘Quarterly Report’’) for the Exchange’s
Regulatory Oversight Committee
(‘‘ROC’’), and a copy of the Quarterly
Report will be forwarded promptly to
the Securities and Exchange
Commission (‘‘Commission’’); and
• once a year, an independent
accounting firm shall review the listing
standards for the Affiliate Security to
insure that the issuer is in compliance
with the listing requirements (‘‘Annual
Report’’), and a copy of the Annual
Report shall be forwarded promptly to
the ROC and the Commission.
The Exchange proposes to amend
Rule 497(c) to remove the requirement
that copies of the Quarterly and Annual
Reports be forwarded to the
Commission, by deleting the final
sentence of Rule 497(c)(1) and the text
‘‘and the Commission’’ from the end of
Rule 497(c)(2). In addition, because the
proposed deletions would remove the
definition of ‘‘Commission’’ currently in
Rule 497(c)(1), the Exchange proposes to
add the definition to Rule 497(c)(3).
No other changes would be made to
Rule 497(c), which would continue to
require that the Quarterly Report be
4 Pursuant to Rule 497(a), ‘‘Affiliate Security’’
means any security issued by an ICE Affiliate or any
Exchange-listed option on any such security, with
the exception of Investment Company Units as
defined in Para. 703.16 of the Listed Company
Manual, and ‘‘ICE Affiliate’’ means ICE and any
entity that directly or indirectly, through one or
more intermediaries, controls, is controlled by, or
is under common control with ICE, where ‘‘control’’
means that one entity possesses, directly or
indirectly, voting control of the other entity either
through ownership of capital stock or other equity
securities or through majority representation on the
board of directors or other management body of
such entity.
E:\FR\FM\28NON1.SGM
28NON1
56318
Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices
market by providing greater clarity in
the Exchange’s rules.
prepared for the ROC and the Annual
Report be forwarded promptly to the
ROC.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
ethrower on DSK3G9T082PROD with NOTICES
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Exchange Act 5 in
general, and Section 6(b)(5) 6 in
particular, 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 regulating, clearing,
settling, processing information with
respect to, and 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 is designed to
prevent fraudulent and manipulative
acts and practices, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, 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,
because the proposed changes would
reduce the paperwork received by the
Commission and ease the burden of
submitting the Quarterly and Annual
Reports, without changing the
information available to the
Commission. In discussions with the
Commission Staff regarding Rule 497, it
was determined that the Exchange no
longer needed to provide copies of the
Quarterly and Annual Reports to the
Commission. The Quarterly and Annual
Reports would continue to be available
to the Commission, as they are subject
to Section 17A of the Act 7 and Rule
17a–1 thereunder,8 pursuant to which
the Exchange is required to keep and
preserve copies of the Quarterly and
Annual Reports, and to promptly
furnish to the Commission copies of
such Reports upon request of any
representative of the Commission.
The Exchange believes that the
proposed non-substantive change
adding the definition of ‘‘Commission’’
to Rule 497(c)(3) would promote just
and equitable principles of trade and
remove impediments to a free and open
5 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
7 15 U.S.C. 78q.
8 17 CFR 240.17a–1.
6 15
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19:51 Nov 27, 2017
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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 Exchange Act.
The proposed rule change is not
intended to address competitive issues
but rather to reduce the paperwork
received by the Commission and ease
the burden of submitting the Quarterly
and Annual Reports, without changing
the information available to the
Commission.
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 9 and Rule
19b–4(f)(6) thereunder.10 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.11
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
9 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
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.
10 17
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
under Section 19(b)(2)(B) 12 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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSE–2017–61 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–NYSE–2017–61. 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.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NYSE–2017–61 and should
12 15
E:\FR\FM\28NON1.SGM
U.S.C. 78s(b)(2)(B).
28NON1
Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices
be submitted on or before December 19,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–25692 Filed 11–27–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–516, OMB Control No.
3235–0574]
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736
ethrower on DSK3G9T082PROD with NOTICES
Extension:
Rule 3a–8
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 (the
‘‘Commission’’) is soliciting comments
on the collections of information
summarized below. The Commission
plans to submit the existing collection
of information to the Office of
Management and Budget for extension
and approval.
Rule 3a–8 (17 CFR 270.3a–8) of the
Investment Company Act of 1940 (15
U.S.C. 80a) (the ‘‘Act’’), serves as a
nonexclusive safe harbor from
investment company status for certain
research and development companies
(‘‘R&D companies’’).
The rule requires that the board of
directors of an R&D company seeking to
rely on the safe harbor adopt an
appropriate resolution evidencing that
the company is primarily engaged in a
non-investment business and record
that resolution contemporaneously in its
minute books or comparable
documents.1 An R&D company seeking
to rely on the safe harbor must retain
these records only as long as such
records must be maintained in
accordance with state law.
Rule 3a–8 contains an additional
requirement that is also a collection of
information within the meaning of the
PRA. The board of directors of a
company that relies on the safe harbor
under rule 3a–8 must adopt a written
policy with respect to the company’s
capital preservation investments. We
13 17
CFR 200.30–3(a)(12).
3a–8(a)(6) (17 CFR 270.3a–8(6)).
1 Rule
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19:51 Nov 27, 2017
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expect that the board of directors will
base its decision to adopt the resolution
discussed above, in part, on investment
guidelines that the company will follow
to ensure its investment portfolio is in
compliance with the rule’s
requirements.
The collection of information
imposed by rule 3a–8 is voluntary
because the rule is an exemptive safe
harbor, and therefore, R&D companies
may choose whether or not to rely on it.
The purposes of the information
collection requirements in rule 3a–8 are
to ensure that: (i) The board of directors
of an R&D company is involved in
determining whether the company
should be considered an investment
company and subject to regulation
under the Act, and (ii) adequate records
are available for Commission review, if
necessary. Rule 3a–8 would not require
the reporting of any information or the
filing of any documents with the
Commission.
Commission staff estimates that there
is no annual recordkeeping burden
associated with the rule’s requirements.
Nevertheless, the Commission requests
authorization to maintain an inventory
of one burden hour for administrative
purposes.
Commission staff estimates that
approximately 65,139 R&D companies
may take advantage of rule 3a–8.2 Given
that the board resolutions and
investment guidelines will generally
need to be adopted only once (unless
relevant circumstances change),3 the
Commission believes that all the R&D
companies that existed prior to the
adoption of rule 3a–8 adopted their
board resolutions and established
written investment guidelines in 2003
when the rule was adopted. We expect
that R&D companies formed subsequent
to the adoption of rule 3a–8 would
adopt the board resolution and
investment guidelines simultaneously
with their formation documents in the
ordinary course of business.4 Therefore,
we estimate that rule 3a–8 does not
impose additional burdens.
Written comments are invited on: (a)
Whether the proposed collection of
2 See National Science Foundation/Division of
Science Resources Statistics, Business Research and
Development and Innovation Survey: 2013 (results
published August 2, 2016).
3 In the event of changed circumstances, the
Commission believes that the board resolution and
investment guidelines will be amended and
recorded in the ordinary course of business and
would not create additional time burdens.
4 In order for these companies to raise sufficient
capital to fund their product development stage,
Commission staff believes that they will need to
present potential investors with investment
guidelines. Investors generally want to be assured
that the company’s funds are invested consistent
with the goals of capital preservation and liquidity.
PO 00000
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56319
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
Please direct your written comments
to Pamela Dyson, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE., Washington,
DC 20549; or send an email to: PRA_
Mailbox@sec.gov.
November 22, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–25709 Filed 11–27–17; 8:45 am]
BILLING CODE P
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–035, OMB Control No.
3235–0029]
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
Extension:
Rule 17Ad–2(c), (d), and (h)
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Rule 17Ad–2(c), (d), and (h), (17 CFR
240.17Ad–2(c), (d), and (h)), under the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.).
Rule 17f–2(c) allows persons required
to be fingerprinted pursuant to Section
17(f)(2) of the Act to submit their
fingerprints to the Attorney General of
the United States or its designee (i.e.,
the Federal Bureau of Investigation
(‘‘FBI’’)) through a registered national
securities exchange or a registered
national securities association
E:\FR\FM\28NON1.SGM
28NON1
]]>Agencies
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56317-56319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25692]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-82150; File No. SR-NYSE-2017-61]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 497(c) Regarding the Requirements for the Listing of
Securities That Are Issued by the Exchange or Any of Its Affiliates
November 22, 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 November 17, 2017, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') 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 to amend Rule 497(c) regarding the
requirements for the listing of securities that are issued by the
Exchange or any of its affiliates. 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 Exchange proposes to amend Rule 497(c) (Additional Requirements
for Listed Securities Issued by Intercontinental Exchange, Inc. or its
Affiliates) regarding the requirements for the listing of securities
that are issued by the Exchange or any of its affiliates.
Rule 497(c) sets forth certain monitoring requirements that must be
met throughout the continued listing and trading of securities issued
by the Exchange's ultimate parent, Intercontinental Exchange, Inc.
(``ICE''), or its affiliates. More specifically, Rule 497(c)(1) and (2)
provide that, throughout the continued listing and trading of an
Affiliate Security \4\ on the Exchange:
---------------------------------------------------------------------------
\4\ Pursuant to Rule 497(a), ``Affiliate Security'' means any
security issued by an ICE Affiliate or any Exchange-listed option on
any such security, with the exception of Investment Company Units as
defined in Para. 703.16 of the Listed Company Manual, and ``ICE
Affiliate'' means ICE and any entity that directly or indirectly,
through one or more intermediaries, controls, is controlled by, or
is under common control with ICE, where ``control'' means that one
entity possesses, directly or indirectly, voting control of the
other entity either through ownership of capital stock or other
equity securities or through majority representation on the board of
directors or other management body of such entity.
---------------------------------------------------------------------------
The Exchange will prepare a quarterly report on the
Affiliate Security (``Quarterly Report'') for the Exchange's Regulatory
Oversight Committee (``ROC''), and a copy of the Quarterly Report will
be forwarded promptly to the Securities and Exchange Commission
(``Commission''); and
once a year, an independent accounting firm shall review
the listing standards for the Affiliate Security to insure that the
issuer is in compliance with the listing requirements (``Annual
Report''), and a copy of the Annual Report shall be forwarded promptly
to the ROC and the Commission.
The Exchange proposes to amend Rule 497(c) to remove the
requirement that copies of the Quarterly and Annual Reports be
forwarded to the Commission, by deleting the final sentence of Rule
497(c)(1) and the text ``and the Commission'' from the end of Rule
497(c)(2). In addition, because the proposed deletions would remove the
definition of ``Commission'' currently in Rule 497(c)(1), the Exchange
proposes to add the definition to Rule 497(c)(3).
No other changes would be made to Rule 497(c), which would continue
to require that the Quarterly Report be
[[Page 56318]]
prepared for the ROC and the Annual Report be forwarded promptly to the
ROC.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act \5\ in general, and Section
6(b)(5) \6\ in particular, 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 regulating, clearing, settling, processing
information with respect to, and 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.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, 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,
because the proposed changes would reduce the paperwork received by the
Commission and ease the burden of submitting the Quarterly and Annual
Reports, without changing the information available to the Commission.
In discussions with the Commission Staff regarding Rule 497, it was
determined that the Exchange no longer needed to provide copies of the
Quarterly and Annual Reports to the Commission. The Quarterly and
Annual Reports would continue to be available to the Commission, as
they are subject to Section 17A of the Act \7\ and Rule 17a-1
thereunder,\8\ pursuant to which the Exchange is required to keep and
preserve copies of the Quarterly and Annual Reports, and to promptly
furnish to the Commission copies of such Reports upon request of any
representative of the Commission.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78q.
\8\ 17 CFR 240.17a-1.
---------------------------------------------------------------------------
The Exchange believes that the proposed non-substantive change
adding the definition of ``Commission'' to Rule 497(c)(3) would promote
just and equitable principles of trade and remove impediments to a free
and open market by providing greater clarity in the Exchange's rules.
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 Exchange Act. The proposed rule
change is not intended to address competitive issues but rather to
reduce the paperwork received by the Commission and ease the burden of
submitting the Quarterly and Annual Reports, without changing the
information available to the Commission.
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 \9\ and Rule 19b-4(f)(6) thereunder.\10\
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.\11\
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\9\ 15 U.S.C. 78s(b)(3)(A)(iii).
\10\ 17 CFR 240.19b-4(f)(6).
\11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
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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) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\12\ 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSE-2017-61 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-NYSE-2017-61. 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. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2017-61 and should
[[Page 56319]]
be submitted on or before December 19, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25692 Filed 11-27-17; 8:45 am]
BILLING CODE 8011-01-P
