Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Fees Charged in Connection With the Filing of Supplemental Listing Applications in Connection With the Issuance of Convertible Securities, 15187-15189 [2018-07113]
Download as PDF
Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices
disadvantage or favor any particular
user in relationship to another, and it
would be applied uniformly to all
Clearing Members. For the foregoing
reasons, OCC believes the proposed rule
change is in the public interest, would
be consistent with the requirements of
the Act applicable to clearing agencies
and would not impact or impose a
burden on competition.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants or Others
Written comments on the proposed
rule change were not and are not
intended to be solicited with respect to
the proposed rule change and none have
been received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be 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:
sradovich on DSK3GMQ082PROD with NOTICES
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–
OCC–2018–007 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–OCC–2018–007. 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
VerDate Sep<11>2014
18:06 Apr 06, 2018
Jkt 244001
internet website (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 website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of OCC and on OCC’s website at
https://www.theocc.com/about/
publications/bylaws.jsp.
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–OCC–2018–007 and should
be submitted on or before April 30,
2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.41
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–07111 Filed 4–6–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82985; File No. SR–NYSE–
2018–11]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Fees Charged in Connection With the
Filing of Supplemental Listing
Applications in Connection With the
Issuance of Convertible Securities
April 3, 2018.
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
41 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
15187
22, 2018, 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 the Substance
of the Proposed Rule Change
The Exchange proposes to amend its
fees charged in connection with the
filing of listing applications in relation
to the issuance of securities convertible
into or exchangeable or exercisable for
additional securities of a listed class of
common stock. The proposed rule
change is available on the Exchange’s
website 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
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
fees charged in connection with the
filing of listing applications in relation
to the issuance of securities convertible
into or exchangeable or exercisable for
additional securities of a listed class of
common stock (‘‘Convertible
Securities’’).
A listed company is required to
submit a supplemental listing
application (‘‘SLAP’’) prior to any
issuance of Convertible Securities. Each
time a listed company submits a SLAP
in connection with the issuance of
Convertible Securities, it must pay the
minimum fee of $10,000 provided for by
Section 902.03 of the Manual. The
Exchange, however, does not charge any
E:\FR\FM\09APN1.SGM
09APN1
15188
Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices
listing fees with respect to the common
shares issuable upon conversion,
exchange or exercise of such securities
at the time of submission of the required
SLAP. Rather, Section 902.02 of the
Manual provides that the listed
company will be charged at the end of
the calendar year [sic] for any such
common shares that are issued that
year.4
The Exchange has noted that it is not
unusual for a listed company to enter
into a number of different transactions
in which it issues Convertible
Securities. Each such transaction
requires the submission of a SLAP, and
the payment of the $10,000 minimum
SLAP fee, incurring a significant fee
expense even where the transactions
covered by the SLAPs are immaterial in
size.
The Exchange proposes to amend
Section 902.03 to limit the fee expense
to listed companies. Under the proposed
amendment, a $10,000 SLAP fee will be
billed with respect to the first SLAP
solely in connection with the issuance
of securities convertible into or
exchangeable or exercisable for
additional securities of a listed class
that is submitted by a listed issuer in
each calendar quarter. No additional
SLAP fee will be billed for any other
SLAP solely in connection with the
issuance of securities convertible into or
exchangeable or exercisable for
additional securities of a listed class
that is submitted during the rest of that
calendar quarter.
The Exchange does not expect that the
reduction in fee revenue associated with
this proposed amendment will have any
effect on its ability to finance its
regulatory program.
sradovich on DSK3GMQ082PROD with NOTICES
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,5 in general, and
furthers the objectives of Section
6(b)(4) 6 of the Act, in particular, in that
it is designed to provide for the
equitable allocation of reasonable dues,
fees, and other charges and is not
designed to permit unfair
discrimination among its members and
issuers and other persons using its
facilities. The Exchange also believes
4 The Commission notes that Section 902.02 of
the NYSE Listed Company Manual (‘‘Manual’’)
states that with respect to shares that are not issued
at the time of listing, such as for Convertible
Securities, listing fees will accrue on these
securities as of the date of issuance and such
accrued listing fees will be billed at the beginning
of the following year along with the issuer’s annual
fees. See Section 902.02 of the Manual (‘‘Timing of
Listing Fees for Subsequent Issuances’’).
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(4).
VerDate Sep<11>2014
18:06 Apr 06, 2018
Jkt 244001
that the proposed rule change is
consistent with Section 6(b)(5) of the
Act,7 in that it is designed 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 and is not designed to
permit unfair discrimination between
customers, issuers, brokers, or dealers.
The Exchange believes that the
proposed rule change is consistent with
Sections 6(b)(4) and 6(b)(5) of the
Exchange Act in that it represents an
equitable allocation of fees and does not
unfairly discriminate among listed
companies. In particular, the Exchange
believes that the proposed amendment
is not unfairly discriminatory because it
will be applied the same to all listed
companies submitting SLAPs in
connection with the issuance of
Convertible Securities. The Exchange
also notes that listed companies will be
charged per share listing fees with
respect to any shares of common stock
issued upon conversion, exchange or
exercise of the Convertible Securities,
thereby ensuring that the fees associated
with a Convertible Securities
transaction will be reflective of the size
of the transaction.
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 will not impose
any burden competition as its sole
purpose is to provide a limited relief
from the listing fees a company incurs
when it issues Convertible Securities in
a series of separate transactions during
a calendar quarter.
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 rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 8 of the Act and
subparagraph (f)(2) of Rule 19b–4 9
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
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) 10 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–2018–11 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–2018–11. 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 website (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 website viewing and
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
10 15 U.S.C. 78s(b)(2)(B).
9 17
7 15
PO 00000
U.S.C. 78f(b)(5).
Frm 00064
Fmt 4703
Sfmt 4703
E:\FR\FM\09APN1.SGM
09APN1
Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
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–2018–11, and
should be submitted on or before April
30, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–07113 Filed 4–6–18; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice: 10374]
60-day Notice of Proposed Information
Collection: Application for Immigrant
Visa and Alien Registration
Notice of request for public
comment.
ACTION:
The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collection described below.
In accordance with the Paperwork
Reduction Act of 1995, we are
requesting comments on this collection
from all interested individuals and
organizations. The purpose of this
notice is to allow 60 days for public
comment preceding submission of the
collection to OMB.
DATES: The Department will accept
comments from the public up to June 8,
2018.
ADDRESSES: You may submit comments
by any of the following methods:
• Web: Persons with access to the
internet may comment on this notice by
going to www.Regulations.gov. You can
search for the document by entering
‘‘Docket Number: DOS–2018–0014’’ in
the Search field. Then click the
‘‘Comment Now’’ button and complete
the comment form.
• Email: PRA_BurdenComments@
state.gov.
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
11 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
18:06 Apr 06, 2018
Jkt 244001
You must include the DS form
number (if applicable), information
collection title, and the OMB control
number in any correspondence.
SUPPLEMENTARY INFORMATION:
• Title of Information Collection:
Application for Immigrant Visa and
Alien Registration.
• OMB Control Number: 1405–0015.
• Type of Request: Revision of a
Currently Approved Collection.
• Originating Office: Bureau of
Consular Affairs, Visa Office (CA/VO/L/
R).
• Form Number: DS–230.
• Respondents: Applicants for Cuban
Family Reunification Parole or
Immigrant Visas that are not able to use
the DS–260, where authorized by the
Department.
• Estimated Number of Respondents:
20,000.
• Estimated Number of Responses:
20,000.
• Average Time per Response: 125
minutes.
• Total Estimated Burden Time:
41,667 annual hours.
• Frequency: Once per application.
• Obligation to respond: Required to
Obtain or Retain a Benefit.
We are soliciting public comments to
permit the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department.
• Evaluate the accuracy of our
estimate of the time and cost burden for
this proposed collection, including the
validity of the methodology and
assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of information
technology.
Please note that comments submitted
in response to this Notice are public
record. Before including any detailed
personal information, you should be
aware that your comments as submitted,
including your personal information,
will be available for public review.
Abstract of Proposed Collection
The Application for Immigrant Visa
and Alien Registration (DS–230) is used
to collect biographical information from
individuals seeking for Cuban Family
Reunification Parole. While this
discretionary parole authority is
exercised by the Department of
Homeland Security, an applicant must
demonstrate that he or she is eligible for
an immigrant visa. In rare
circumstances, an applicant for an
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
15189
immigrant visa may complete the DS–
230 in lieu of the online version of the
application (DS–260, OMB Control
Number 1405–0185). The consular
officer uses the information collected to
elicit information necessary to
determine an applicant’s immigrant visa
eligibility.
Methodology
Applicants will complete the DS–230
and submit it to a consular post. A
consular officer will review the
application to determine whether the
applicant is eligible for an immigrant
visa.
Edward Ramotowski,
Deputy Assistant Secretary, Bureau of
Consular Affairs, Department of State.
[FR Doc. 2018–07144 Filed 4–6–18; 8:45 am]
BILLING CODE 4710–06–P
SURFACE TRANSPORTATION BOARD
[Docket No. AB 33 (Sub-No. 334X)]
Union Pacific Railroad Company—
Abandonment Exemption—in
McLennan County, Tex.
Union Pacific Railroad Company (UP)
has filed a verified notice of exemption
under 49 CFR pt. 1152 subpart F–
Exempt Abandonments and
Discontinuance of Service to abandon
0.5 miles of the former Mart Line near
Waco, Tex., between milepost 173.2 and
milepost 173.7 near the TX 340 Loop
crossing, in McLennan County, Tex. (the
Line). The Line traverses United States
Postal Service Zip Code 76705.1
UP has certified that: (1) No local or
overhead traffic has moved over the
Line for at least two years; (2) there is
no need to reroute any traffic over other
lines; (3) no formal complaint filed by
a user of rail service on the Line (or by
a state or local government entity acting
on behalf of such user) regarding
cessation of service over the Line either
is pending with the Surface
Transportation Board (Board) or with
any U.S. District Court or has been
decided in favor of complainant within
the two-year period; and (4) the
requirements at 49 CFR 1105.7(c)
(environmental report), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
1 UP filed this notice simultaneously with a
verified notice of exemption for discontinuance of
service over a portion of rail line connected to the
Line at milepost 173.7. That notice is being
considered in a separate docket. See Union Pac.
R.R.—Discontinuance of Serv. Exemption—in
McLennan Cty., Tex., AB 33 (Sub-No. 335X) (STB
served April 9, 2018).
E:\FR\FM\09APN1.SGM
09APN1
Agencies
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15187-15189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07113]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-82985; File No. SR-NYSE-2018-11]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Fees Charged in Connection With the Filing of Supplemental
Listing Applications in Connection With the Issuance of Convertible
Securities
April 3, 2018.
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 22, 2018, 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 the
Substance of the Proposed Rule Change
The Exchange proposes to amend its fees charged in connection with
the filing of listing applications in relation to the issuance of
securities convertible into or exchangeable or exercisable for
additional securities of a listed class of common stock. The proposed
rule change is available on the Exchange's website 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
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend its fees charged in connection with
the filing of listing applications in relation to the issuance of
securities convertible into or exchangeable or exercisable for
additional securities of a listed class of common stock (``Convertible
Securities'').
A listed company is required to submit a supplemental listing
application (``SLAP'') prior to any issuance of Convertible Securities.
Each time a listed company submits a SLAP in connection with the
issuance of Convertible Securities, it must pay the minimum fee of
$10,000 provided for by Section 902.03 of the Manual. The Exchange,
however, does not charge any
[[Page 15188]]
listing fees with respect to the common shares issuable upon
conversion, exchange or exercise of such securities at the time of
submission of the required SLAP. Rather, Section 902.02 of the Manual
provides that the listed company will be charged at the end of the
calendar year [sic] for any such common shares that are issued that
year.\4\
---------------------------------------------------------------------------
\4\ The Commission notes that Section 902.02 of the NYSE Listed
Company Manual (``Manual'') states that with respect to shares that
are not issued at the time of listing, such as for Convertible
Securities, listing fees will accrue on these securities as of the
date of issuance and such accrued listing fees will be billed at the
beginning of the following year along with the issuer's annual fees.
See Section 902.02 of the Manual (``Timing of Listing Fees for
Subsequent Issuances'').
---------------------------------------------------------------------------
The Exchange has noted that it is not unusual for a listed company
to enter into a number of different transactions in which it issues
Convertible Securities. Each such transaction requires the submission
of a SLAP, and the payment of the $10,000 minimum SLAP fee, incurring a
significant fee expense even where the transactions covered by the
SLAPs are immaterial in size.
The Exchange proposes to amend Section 902.03 to limit the fee
expense to listed companies. Under the proposed amendment, a $10,000
SLAP fee will be billed with respect to the first SLAP solely in
connection with the issuance of securities convertible into or
exchangeable or exercisable for additional securities of a listed class
that is submitted by a listed issuer in each calendar quarter. No
additional SLAP fee will be billed for any other SLAP solely in
connection with the issuance of securities convertible into or
exchangeable or exercisable for additional securities of a listed class
that is submitted during the rest of that calendar quarter.
The Exchange does not expect that the reduction in fee revenue
associated with this proposed amendment will have any effect on its
ability to finance its regulatory program.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Section 6(b)(4) \6\ of the Act, in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges and is not designed to permit unfair
discrimination among its members and issuers and other persons using
its facilities. The Exchange also believes that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\7\ in that it is
designed 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
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(4).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change is consistent
with Sections 6(b)(4) and 6(b)(5) of the Exchange Act in that it
represents an equitable allocation of fees and does not unfairly
discriminate among listed companies. In particular, the Exchange
believes that the proposed amendment is not unfairly discriminatory
because it will be applied the same to all listed companies submitting
SLAPs in connection with the issuance of Convertible Securities. The
Exchange also notes that listed companies will be charged per share
listing fees with respect to any shares of common stock issued upon
conversion, exchange or exercise of the Convertible Securities, thereby
ensuring that the fees associated with a Convertible Securities
transaction will be reflective of the size of the transaction.
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
will not impose any burden competition as its sole purpose is to
provide a limited relief from the listing fees a company incurs when it
issues Convertible Securities in a series of separate transactions
during a calendar quarter.
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 rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-NYSE-2018-11 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-2018-11. 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 website (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 website viewing and
[[Page 15189]]
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. 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-2018-11, and should be
submitted on or before April 30, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------
\11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-07113 Filed 4-6-18; 8:45 am]
BILLING CODE 8011-01-P