Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.37-E and Rule 7.45-E With Respect to NYSE National's Reopening of Trading and Reactivating Connection to the Securities Information Processors, 26329-26331 [2018-12112]
Download as PDF
Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices
transparency in Exchange rules
regarding which data feeds the
Exchange will use for NYSE National
and clarify in the Exchange’s rules that
Arca Securities will perform the
inbound routing function for NYSE
National. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest.
Therefore, the Commission hereby
waives the operative delay and
designates the proposal as operative
upon filing.10
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. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
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:
daltland on DSKBBV9HB2PROD 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–
NYSEAMER–2018–24 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–2018–24. 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
10 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
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17:35 Jun 05, 2018
Jkt 244001
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 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–NYSEAMER–2018–24, and
should be submitted on or before June
27, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–12115 Filed 6–5–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83352; File No. SR–
NYSEArca–2018–37]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Rule 7.37–E
and Rule 7.45–E With Respect to NYSE
National’s Reopening of Trading and
Reactivating Connection to the
Securities Information Processors
May 31, 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 May 18,
2018, NYSE Arca, Inc. (the ‘‘Exchange’’
or ‘‘NYSE Arca’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the self-regulatory organization. The
Commission is publishing this notice to
1117
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 00078
Fmt 4703
Sfmt 4703
26329
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: (1) Amend
Rule 7.37–E to specify in Exchange rules
the Exchange’s use of data feeds from
NYSE National, Inc. (‘‘NYSE National’’)
for order handling and execution, order
routing, and regulatory compliance; and
(2) amend Rule 7.45–E to reflect that
Archipelago Securities LLC (‘‘Arca
Securities’’) would function as a routing
broker for the Exchange’s affiliate, NYSE
National. 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 update and
amend the table in Rule 7.37–E that sets
forth on a market-by-market basis the
specific network processor and
proprietary data feeds that the Exchange
utilizes for the handling, execution and
routing of orders, and for performing the
regulatory compliance checks related to
each of those functions. Specifically, the
table would be amended to include
NYSE National, which intends to
reopen trading and reactivate its
connections to the securities
information processors (‘‘SIPs’’). To
reflect that, the Exchange proposes to
amend Rule 7.37–E to specify which
data feeds the Exchange would use for
NYSE National. As proposed, the
Exchange would use the direct data
feeds for NYSE National and would use
the SIP data feeds as a secondary source.
Additionally, the Exchange proposes
to amend Rule 7.45–E to reflect that
Arca Securities would function as a
E:\FR\FM\06JNN1.SGM
06JNN1
26330
Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices
routing broker for the Exchange’s
affiliate, NYSE National. Specifically,
the Exchange proposes to amend Rule
7.45–E(c)(1) and (2) to reference NYSE
National as an affiliate of the Exchange
for the purposes of the inbound routing
function performed by Arca Securities.
The proposed rule change would
provide more clarity and transparency
to all the functions that Arca Securities
performs on behalf of the Exchange and
its affiliates, which now includes NYSE
National. The Exchange is not proposing
any substantive change to the rule.
daltland on DSKBBV9HB2PROD with NOTICES
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),4 in general, and furthers the
objectives of Section 6(b)(5),5 in
particular, because 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. The Exchange believes
its proposal to update the table in Rule
7.37–E to include NYSE National will
ensure that Rule 7.37–E correctly
identifies and publicly states on a
market-by-market basis all of the
specific network processor and
proprietary data feeds that the Exchange
utilizes for the handling, execution and
routing of orders, and for performing the
regulatory compliance checks to each of
those functions. The proposed rule
change also removes impediments to
and perfects the mechanism of a free
and open market and protects investors
and the public interest because it
provides additional specificity, clarity
and transparency. The Exchange
believes the proposed rule change to
amend Rule 7.45–E also removes
impediments to and perfects the
mechanism of a free and open market
and protects investors and the public
interest because the proposed rule
change would enhance the clarity and
transparency in Exchange Rules
surrounding the inbound routing
function performed by Arca Securities
for the Exchange’s affiliate, NYSE
National.
4 15
5 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
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17:35 Jun 05, 2018
Jkt 244001
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 change is not designed to
address any competitive issue but rather
would provide the public and investors
with information about which data
feeds the Exchange uses for execution
and routing decisions, and provide
clarity in Exchange rules that Arca
Securities would perform the inbound
routing function on behalf on the
Exchange’s affiliate, NYSE National.
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
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 for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 6 and Rule 19b–
4(f)(6) thereunder.7
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 8 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 9
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has asked
the Commission to waive the 30-day
operative delay so that the proposed
rule change may become operative upon
filing. The Exchange states that waiver
of the operative delay would be
consistent with the protection of
investors and the public interest
because it will allow the Exchange to
immediately provide enhanced
6 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
8 17 CFR 240.19b–4(f)(6).
9 17 CFR 240.19b–4(f)(6)(iii).
7 17
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
transparency in Exchange rules
regarding which data feeds the
Exchange will use for NYSE National
and clarify in the Exchange’s rules that
Arca Securities will perform the
inbound routing function for NYSE
National. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest.
Therefore, the Commission hereby
waives the operative delay and
designates the proposal as operative
upon filing.10
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. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
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–
NYSEArca–2018–37 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–NYSEArca–2018–37. 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
10 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
E:\FR\FM\06JNN1.SGM
06JNN1
Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices
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 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–NYSEArca–2018–37, and
should be submitted on or before June
27, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–12112 Filed 6–5–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83355; File No. SR–NYSE–
2017–53]
daltland on DSKBBV9HB2PROD with NOTICES
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Designation of a Longer Period for
Commission Action on a Proposed
Rule Change To Amend the Listed
Company Manual for Special Purpose
Acquisition Companies To Lower the
Initial Holders Requirement From 300
to 150 Round Lot Holders and To
Eliminate Completely the 300 Public
Stockholders Continued Listing
Requirement, To Require at Least $5
Million in Net Tangible Assets for Initial
and Continued Listing, and To Impose
a 30-Day Deadline To Demonstrate
Compliance With Certain Initial Listing
Requirements Following a Business
Combination
May 31, 2018.
On November 16, 2017, New York
Stock Exchange LLC (‘‘NYSE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
11 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
17:35 Jun 05, 2018
Jkt 244001
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend the Listed Company Manual for
Special Purpose Acquisition Companies
(‘‘SPACs’’) 3 to lower the initial holders
requirement from 300 to 150 round lot
holders and to eliminate the continued
listing requirement of 300 public
stockholders completely, to require at
least $5 million in net tangible assets for
initial listing and continued listing, and
to allow companies 30 days to
demonstrate compliance with the
applicable holder requirements of
Section 102.01A in the Listed Company
Manual following a business
combination. Finally, NYSE proposes to
eliminate certain alternative initial
listing distribution criteria for SPACs
that list in connection with a transfer or
quotation. The proposed rule change
was published for comment in the
Federal Register on December 6, 2017.4
In response, the Commission received
two comments on the proposal.5 On
January 18, 2018, the Commission
extended the time period within which
to approve the proposed rule change,
disapprove the proposed rule change, or
institute proceedings to determine
whether to approve or disapprove the
proposed rule change to March 6, 2018.6
The Commission issued an order
instituting proceedings under Section
19(b)(2)(B) of the Act to determine
whether to approve or disapprove the
proposed rule change on March 5, 2018
(‘‘OIP’’).7 The Commission received one
additional comment letter in response to
the OIP.8
Section 19(b)(2) of the Act 9 provides
that, after initiating disapproval
proceedings, the Commission shall issue
an order approving or disapproving the
proposed rule change not later than 180
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 The Commission notes that throughout this
Notice we have used the term ‘‘SPAC’’ or ‘‘SPACs.’’
These terms have the same meaning as an
‘‘Acquisition Company’’ or ‘‘AC’’ which is the term
used by NYSE in its current proposed rule filing
and rule text.
4 See Securities Exchange Act Release No. 82180
(November 30, 2017), 82 FR 57632 (December 6,
2017) (‘‘Notice’’).
5 See Letters to Brent J. Fields, Secretary,
Commission, from Michael Kitlas, dated November
30, 2017 (‘‘Kitlas Letter’’) and Jeffrey P. Mahoney,
General Counsel, Council of Institutional Investors,
dated December 20, 2017 (‘‘CII Letter’’).
6 See Securities Exchange Act Release No. 82531
(January 18, 2018), 83 FR 3371 (January 24, 2018)
(‘‘Extension’’).
7 See Securities Exchange Act Release No. 82804
(March 5, 2018), 83 FR 10530 (March 9, 2018).
8 See Letters to Brent J. Fields, Secretary,
Commission, from Jeffrey P. Mahoney, General
Counsel, Council of Institutional Investors, dated
March 26, 2018 (‘‘CII Letter II’’).
9 15 U.S.C. 78s(b)(2).
2 17
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
26331
days after the date of publication of
notice of filing of the proposed rule
change. The Commission may, however,
extend the period for issuing an order
approving or disapproving the proposed
rule change by not more than 60 days
if the Commission determines that a
longer period is appropriate and
publishes the reasons for such
determination. The proposed rule
change was published for notice and
comment in the Federal Register on
December 6, 2017. June 4, 2018 is 180
days from that date, and August 3, 2018
is 240 days from that date. The
Commission finds it appropriate to
designate a longer period within which
to issue an order approving or
disapproving the proposed rule change
so that it has sufficient time to consider
the proposed rule change and the
comment letters. Accordingly, the
Commission, pursuant to Section
19(b)(2) of the Act,10 designates August
3, 2018, as the date by which the
Commission shall either approve or
disapprove the proposed rule change
(File No. SR–NYSE–2017–53).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–12113 Filed 6–5–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83361]
Order Cancelling Registrations of
Certain Transfer Agents
June 1, 2018.
On December 22, 2017, notice was
published in the Federal Register that
the Securities and Exchange
Commission (‘‘Commission’’) intended
to issue an order, pursuant to Section
17A(c)(4)(B) of the Securities Exchange
Act of 1934 (‘‘Act’’),1 cancelling the
registrations of certain transfer agents.2
For the reasons discussed below, the
Commission is cancelling the
registration of the transfer agents
identified in the attached Appendix.
FOR FURTHER INFORMATION CONTACT:
Moshe Rothman, Assistant Director, or
Catherine Whiting, Special Counsel, at
(202) 551–4990, U.S. Securities and
Exchange Commission, Division of
Trading and Markets, Room 7321 SP1,
10 Id.
11 17
CFR 200.30–3(a)(31).
U.S.C. 78q–1(c)(4)(B).
2 Securities Exchange Act Release No. 34–82342
(Dec. 18, 2017), 82 FR 60778.
1 15
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Pages 26329-26331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12112]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-83352; File No. SR-NYSEArca-2018-37]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.37-
E and Rule 7.45-E With Respect to NYSE National's Reopening of Trading
and Reactivating Connection to the Securities Information Processors
May 31, 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 May 18, 2018, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared 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: (1) Amend Rule 7.37-E to specify in
Exchange rules the Exchange's use of data feeds from NYSE National,
Inc. (``NYSE National'') for order handling and execution, order
routing, and regulatory compliance; and (2) amend Rule 7.45-E to
reflect that Archipelago Securities LLC (``Arca Securities'') would
function as a routing broker for the Exchange's affiliate, NYSE
National. 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 update and amend the table in Rule 7.37-E
that sets forth on a market-by-market basis the specific network
processor and proprietary data feeds that the Exchange utilizes for the
handling, execution and routing of orders, and for performing the
regulatory compliance checks related to each of those functions.
Specifically, the table would be amended to include NYSE National,
which intends to reopen trading and reactivate its connections to the
securities information processors (``SIPs''). To reflect that, the
Exchange proposes to amend Rule 7.37-E to specify which data feeds the
Exchange would use for NYSE National. As proposed, the Exchange would
use the direct data feeds for NYSE National and would use the SIP data
feeds as a secondary source.
Additionally, the Exchange proposes to amend Rule 7.45-E to reflect
that Arca Securities would function as a
[[Page 26330]]
routing broker for the Exchange's affiliate, NYSE National.
Specifically, the Exchange proposes to amend Rule 7.45-E(c)(1) and (2)
to reference NYSE National as an affiliate of the Exchange for the
purposes of the inbound routing function performed by Arca Securities.
The proposed rule change would provide more clarity and transparency to
all the functions that Arca Securities performs on behalf of the
Exchange and its affiliates, which now includes NYSE National. The
Exchange is not proposing any substantive change to the rule.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\4\ in general, and
furthers the objectives of Section 6(b)(5),\5\ in particular, because
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. The Exchange
believes its proposal to update the table in Rule 7.37-E to include
NYSE National will ensure that Rule 7.37-E correctly identifies and
publicly states on a market-by-market basis all of the specific network
processor and proprietary data feeds that the Exchange utilizes for the
handling, execution and routing of orders, and for performing the
regulatory compliance checks to each of those functions. The proposed
rule change also removes impediments to and perfects the mechanism of a
free and open market and protects investors and the public interest
because it provides additional specificity, clarity and transparency.
The Exchange believes the proposed rule change to amend Rule 7.45-E
also removes impediments to and perfects the mechanism of a free and
open market and protects investors and the public interest because the
proposed rule change would enhance the clarity and transparency in
Exchange Rules surrounding the inbound routing function performed by
Arca Securities for the Exchange's affiliate, NYSE National.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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 change is not
designed to address any competitive issue but rather would provide the
public and investors with information about which data feeds the
Exchange uses for execution and routing decisions, and provide clarity
in Exchange rules that Arca Securities would perform the inbound
routing function on behalf on the Exchange's affiliate, NYSE National.
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
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 for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \8\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \9\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposed rule change may become operative upon filing. The Exchange
states that waiver of the operative delay would be consistent with the
protection of investors and the public interest because it will allow
the Exchange to immediately provide enhanced transparency in Exchange
rules regarding which data feeds the Exchange will use for NYSE
National and clarify in the Exchange's rules that Arca Securities will
perform the inbound routing function for NYSE National. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the operative delay and designates the
proposal as operative upon filing.\10\
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\8\ 17 CFR 240.19b-4(f)(6).
\9\ 17 CFR 240.19b-4(f)(6)(iii).
\10\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule 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 [email protected]. Please include
File Number SR-NYSEArca-2018-37 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-NYSEArca-2018-37. 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
[[Page 26331]]
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 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-NYSEArca-2018-37, and should be
submitted on or before June 27, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12112 Filed 6-5-18; 8:45 am]
BILLING CODE 8011-01-P