82_FR_12023 82 FR 11986 - Self-Regulatory Organizations; NYSE National, Inc., Formerly National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Eighth Amended and Restated Certificate of Incorporation of Intercontinental Exchange Holdings, Inc. and the Fifth Amended and Restated Certificate of Incorporation of NYSE Group, Inc.

82 FR 11986 - Self-Regulatory Organizations; NYSE National, Inc., Formerly National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Eighth Amended and Restated Certificate of Incorporation of Intercontinental Exchange Holdings, Inc. and the Fifth Amended and Restated Certificate of Incorporation of NYSE Group, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 37 (February 27, 2017)

Page Range11986-11988
FR Document2017-03800

Federal Register, Volume 82 Issue 37 (Monday, February 27, 2017) 
[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Notices]
[Pages 11986-11988]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03800]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80081; File No. SR-NSX-2017-05]


Self-Regulatory Organizations; NYSE National, Inc., Formerly 
National Stock Exchange, Inc.; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change Amending the Eighth Amended and 
Restated Certificate of Incorporation of Intercontinental Exchange 
Holdings, Inc. and the Fifth Amended and Restated Certificate of 
Incorporation of NYSE Group, Inc.

February 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 February 8, 2017, NYSE National, Inc., formerly National 
Stock Exchange, Inc. (``NYSE National'' or the ``Exchange''), filed 
with the Securities and Exchange Commission (the ``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the self-regulatory organization. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend (a) the Eighth Amended and Restated 
Certificate of Incorporation of Intercontinental Exchange Holdings, 
Inc. (the ``ICE Holdings Certificate'') to add a reference to the name 
under which it filed its original certificate of incorporation, and (b) 
the Fifth Amended and Restated Certificate of Incorporation of NYSE 
Group, Inc. (the ``Fifth Amended NYSE Group Certificate'') to update 
obsolete references. 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to make non-substantive changes to (a) the 
ICE Holdings Certificate to add a reference to the name under which it 
filed its original certificate of incorporation, and (b) the Fifth 
Amended NYSE Group Certificate to update obsolete references.
ICE Holdings Certificate
    The Exchange's parent, NYSE Group, Inc. (``NYSE Group''), is a 
wholly-owned subsidiary of NYSE Holdings LLC, which is in turn 100% 
owned by Intercontinental Exchange Holdings, Inc. (``ICE Holdings''). 
Intercontinental Exchange, Inc. (``ICE''), a public company listed on 
the NYSE, owns 100% of ICE Holdings.
    The original certificate of incorporation of ICE Holdings was filed 
in 2000, under the name ``IntercontinentalExchange, Inc.'' In 2014, ICE 
Holdings changed its name from ``IntercontinentalExchange, Inc.'' to 
``Intercontinental Exchange Holdings, Inc.'' At the same time, ICE 
Holding's parent, ICE, changed its name from ``IntercontinentalExchange 
Group, Inc.'' to ``Intercontinental Exchange, Inc.'' \4\
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    \4\ See Securities Exchange Release No. 72158 (May 13, 2014), 79 
FR 28784 (May 19, 2014) (SR-NYSE-2014-23).
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    In response to a comment received from the State of Delaware 
Department of State, the Exchange proposes to amend paragraph (1) of 
the ICE Holdings Certificate to add a reference to the fact that the 
original certificate of incorporation was filed under the name 
``IntercontinentalExchange, Inc.'' The revised paragraph would read as 
follows (proposed new text underlined):
    (1) The present name of the Corporation is Intercontinental 
Exchange Holdings, Inc. The original Certificate of Incorporation of 
the Corporation was filed on June 16, 2000 (the ``Original Certificate 
of Incorporation), and the name under which the Corporation filed the 
Original Certificate of Incorporation was IntercontinentalExchange, 
Inc.
Fifth Amended NYSE Group Certificate
    The Securities and Exchange Commission approved the Fifth Amended 
NYSE Group Certificate on January 30, 2017.\5\
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    \5\ See Securities Exchange Release No. 79902 (January 30, 
2017), 82 FR 9258 (February 3, 2017) (SR-NSX-2016-16).
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    The Exchange proposes to amend the Fifth Amended NYSE Group 
Certificate to update obsolete references to the Fourth Amended and 
Restated Certificate of Incorporation of NYSE Group (``Fourth Amended 
NYSE Group Certificate''). More specifically, the Exchange proposes to:
     Amend Article XIV, ``Effective Time,'' to replace 
``Fourth'' with ``Fifth'' and to replace December 29, 2014, the date of 
effectiveness of the Fourth Amended NYSE Group Certificate, with a 
placeholder which will be completed with the date that the Fifth 
Amended NYSE Group Certificate becomes effective; and
     on the signature page of the NYSE Group Certificate, 
replace ``Fourth'' with ``Fifth'' and replace December 29, 2014, with a 
placeholder which will be completed with the date that the Fifth 
Amended NYSE Group Certificate becomes effective.
    No other changes to the ICE Holdings Certificate or Fifth Amended 
NYSE Group Certificate are proposed.

[[Page 11987]]

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Exchange Act \6\ in general, and with Section 
6(b)(1) \7\ in particular, in that it enables the Exchange to be so 
organized as to have the capacity to be able to carry out the purposes 
of the Exchange Act and to comply, and to enforce compliance by its 
exchange members and persons associated with its exchange members, with 
the provisions of the Exchange Act, the rules and regulations 
thereunder, and the rules of the Exchange.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(1).
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    The proposed amendment to the ICE Holdings Certificate to add a 
reference to the name under which it filed its original certificate of 
incorporation is a non-substantive, ministerial change requested by the 
State of Delaware Department of State that does not impact either the 
governance or ownership of the Exchange. The Exchange believes that the 
proposed change is consistent with Section 6(b)(1) because it would 
contribute to the orderly operation of the Exchange by adding clarity 
and transparency to the Exchange's rules and would enable the Exchange 
to continue to be so organized as to have the capacity to carry out the 
purposes of the Exchange Act and comply and enforce compliance with the 
provisions of the Exchange Act by its members and persons associated 
with its members.
    For similar reasons, the Exchange also believes that the proposed 
change furthers the objectives of Section 6(b)(5) of the Exchange Act 
\8\ because the proposed rule change would be consistent with and 
facilitate a governance and regulatory structure that 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.
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    \8\ 15 U.S.C. 78f(b)(5).
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    As discussed above, the proposed change to amend the Fifth Amended 
NYSE Group Certificate, which would replace obsolete references to the 
Fourth Amended NYSE Group Certificate with references to the Fifth 
Amended NYSE Group Certificate and update the date of effectiveness, 
removes impediments to and perfects the mechanism of a free and open 
market by removing confusion that may result from having these 
references in the Fifth Amended NYSE Group Certificate. The Exchange 
further believes that the proposal removes impediments to and would 
perfect the mechanism of a free and open market by ensuring that 
persons subject to the Exchange's jurisdiction, regulators, and the 
investing public can more easily navigate and understand the Fifth 
Amended NYSE Group Certificate. The Exchange further believes that 
eliminating obsolete references would be consistent with the public 
interest and the protection of investors because investors will not be 
harmed and in fact would benefit from increased transparency, thereby 
reducing potential confusion. Removing such obsolete references will 
also further the goal of transparency and add clarity to 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 is to 
make non-substantive changes concerned solely with the clarity and 
transparency of its parent entities' governing documents.

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 foregoing 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)(iii) of the Act \9\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) of the Act \11\ 
normally does not become operative before 30 days from the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \12\ 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 proposal 
may become operative upon filing. The Exchange believes that waiver of 
the 30-day operative delay is consistent with the protection of 
investors and the public interest because the proposed changes are non-
substantive and would provide clarity and transparency to its parent 
entities' governing documents. The Exchange represents that the 
proposed rule change would have no impact on either the governance or 
ownership of the Exchange. The Commission believes that waiving the 30-
day operative delay is consistent with the protection of investors and 
the public interest because the proposed changes are non-substantive 
and will provide clarity to the Exchange's rules. Therefore, the 
Commission hereby waives the operative delay and designates the 
proposed rule change operative upon filing.\13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has 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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NSX-2017-05 on the subject line.

[[Page 11988]]

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-NSX-2017-05. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the 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 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; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NSX-2017-05, and should be 
submitted on or before March 20, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-03800 Filed 2-24-17; 8:45 am]
 BILLING CODE 8011-01-P

11986 Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices person, security, or transaction or any organization. The Commission is ‘‘IntercontinentalExchange, Inc.’’ In class or classes of persons, securities, or publishing this notice to solicit 2014, ICE Holdings changed its name transactions from any provisions of the comments on the proposed rule change from ‘‘IntercontinentalExchange, Inc.’’ Act, or any rule thereunder, if such from interested persons. to ‘‘Intercontinental Exchange Holdings, relief is necessary or appropriate in the Inc.’’ At the same time, ICE Holding’s I. Self-Regulatory Organization’s public interest and consistent with the parent, ICE, changed its name from Statement of the Terms of the Substance protection of investors and purposes ‘‘IntercontinentalExchange Group, Inc.’’ of the Proposed Rule Change fairly intended by the policy and to ‘‘Intercontinental Exchange, Inc.’’ 4 provisions of the Act. Applicants The Exchange proposes to amend (a) In response to a comment received believe that the requested relief meets the Eighth Amended and Restated from the State of Delaware Department this standard because, as further Certificate of Incorporation of of State, the Exchange proposes to explained in the application, the Intercontinental Exchange Holdings, amend paragraph (1) of the ICE Investment Advisory Agreements will Inc. (the ‘‘ICE Holdings Certificate’’) to Holdings Certificate to add a reference remain subject to shareholder approval, add a reference to the name under to the fact that the original certificate of while the role of the Sub-Advisers is which it filed its original certificate of incorporation was filed under the name substantially equivalent to that of incorporation, and (b) the Fifth ‘‘IntercontinentalExchange, Inc.’’ The individual portfolio managers, so that Amended and Restated Certificate of revised paragraph would read as follows requiring shareholder approval of Sub- Incorporation of NYSE Group, Inc. (the (proposed new text underlined): Advisory Agreements would impose ‘‘Fifth Amended NYSE Group Certificate’’) to update obsolete (1) The present name of the unnecessary delays and expenses on the references. The proposed rule change is Corporation is Intercontinental Subadvised Series. Applicants believe available on the Exchange’s Web site at Exchange Holdings, Inc. The original that the requested relief from the www.nyse.com, at the principal office of Certificate of Incorporation of the Disclosure Requirements meets this the Exchange, and at the Commission’s Corporation was filed on June 16, 2000 standard because it will improve the Adviser’s ability to negotiate fees paid Public Reference Room. (the ‘‘Original Certificate of to the Sub-Advisers that are more Incorporation), and the name under II. Self-Regulatory Organization’s which the Corporation filed the Original advantageous for the Subadvised Series. Statement of the Purpose of, and Certificate of Incorporation was For the Commission, by the Division of Statutory Basis for, the Proposed Rule IntercontinentalExchange, Inc. Investment Management, under delegated Change authority. Fifth Amended NYSE Group Certificate In its filing with the Commission, the Eduardo A. Aleman, self-regulatory organization included The Securities and Exchange Assistant Secretary. statements concerning the purpose of, Commission approved the Fifth [FR Doc. 2017–03741 Filed 2–24–17; 8:45 am] and basis for, the proposed rule change Amended NYSE Group Certificate on BILLING CODE 8011–01–P and discussed any comments it received January 30, 2017.5 on the proposed rule change. The text The Exchange proposes to amend the of those statements may be examined at Fifth Amended NYSE Group Certificate SECURITIES AND EXCHANGE the places specified in Item IV below. COMMISSION to update obsolete references to the The Exchange has prepared summaries, Fourth Amended and Restated [Release No. 34–80081; File No. SR–NSX– set forth in sections A, B, and C below, Certificate of Incorporation of NYSE 2017–05] of the most significant parts of such Group (‘‘Fourth Amended NYSE Group statements. Certificate’’). More specifically, the Self-Regulatory Organizations; NYSE A. Self-Regulatory Organization’s Exchange proposes to: National, Inc., Formerly National Stock Exchange, Inc.; Notice of Filing and Statement of the Purpose of, and • Amend Article XIV, ‘‘Effective Immediate Effectiveness of Proposed Statutory Basis for, the Proposed Rule Time,’’ to replace ‘‘Fourth’’ with ‘‘Fifth’’ Rule Change Amending the Eighth Change and to replace December 29, 2014, the Amended and Restated Certificate of date of effectiveness of the Fourth 1. Purpose Incorporation of Intercontinental Amended NYSE Group Certificate, with The Exchange proposes to make non- a placeholder which will be completed Exchange Holdings, Inc. and the Fifth substantive changes to (a) the ICE with the date that the Fifth Amended Amended and Restated Certificate of Holdings Certificate to add a reference NYSE Group Certificate becomes Incorporation of NYSE Group, Inc. to the name under which it filed its effective; and February 22, 2017. original certificate of incorporation, and • on the signature page of the NYSE Pursuant to Section 19(b)(1) 1 of the (b) the Fifth Amended NYSE Group Group Certificate, replace ‘‘Fourth’’ with Securities Exchange Act of 1934 (the Certificate to update obsolete references. ‘‘Fifth’’ and replace December 29, 2014, ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 ICE Holdings Certificate with a placeholder which will be notice is hereby given that on February completed with the date that the Fifth 8, 2017, NYSE National, Inc., formerly The Exchange’s parent, NYSE Group, Inc. (‘‘NYSE Group’’), is a wholly- Amended NYSE Group Certificate National Stock Exchange, Inc. (‘‘NYSE becomes effective. National’’ or the ‘‘Exchange’’), filed with owned subsidiary of NYSE Holdings LLC, which is in turn 100% owned by No other changes to the ICE Holdings the Securities and Exchange Intercontinental Exchange Holdings, Certificate or Fifth Amended NYSE mstockstill on DSK3G9T082PROD with NOTICES Commission (the ‘‘Commission’’) the Inc. (‘‘ICE Holdings’’). Intercontinental Group Certificate are proposed. proposed rule change as described in Items I and II below, which Items have Exchange, Inc. (‘‘ICE’’), a public 4 See Securities Exchange Release No. 72158 (May been prepared by the self-regulatory company listed on the NYSE, owns 13, 2014), 79 FR 28784 (May 19, 2014) (SR–NYSE– 100% of ICE Holdings. 2014–23). 1 15 U.S.C. 78s(b)(1). The original certificate of 5 See Securities Exchange Release No. 79902 2 15 U.S.C. 78a. incorporation of ICE Holdings was filed (January 30, 2017), 82 FR 9258 (February 3, 2017) 3 17 CFR 240.19b–4. in 2000, under the name (SR–NSX–2016–16). VerDate Sep<11>2014 20:23 Feb 24, 2017 Jkt 241001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\27FEN1.SGM 27FEN1

Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices 11987 2. Statutory Basis and perfects the mechanism of a free days from the date of the filing. The Exchange believes that the and open market by removing confusion However, Rule 19b–4(f)(6)(iii) 12 permits proposed rule change is consistent with that may result from having these the Commission to designate a shorter Section 6(b) of the Exchange Act 6 in references in the Fifth Amended NYSE time if such action is consistent with the general, and with Section 6(b)(1) 7 in Group Certificate. The Exchange further protection of investors and the public particular, in that it enables the believes that the proposal removes interest. The Exchange has asked the Exchange to be so organized as to have impediments to and would perfect the Commission to waive the 30-day the capacity to be able to carry out the mechanism of a free and open market by operative delay so that the proposal may purposes of the Exchange Act and to ensuring that persons subject to the become operative upon filing. The comply, and to enforce compliance by Exchange’s jurisdiction, regulators, and Exchange believes that waiver of the 30- its exchange members and persons the investing public can more easily day operative delay is consistent with associated with its exchange members, navigate and understand the Fifth the protection of investors and the with the provisions of the Exchange Act, Amended NYSE Group Certificate. The public interest because the proposed the rules and regulations thereunder, Exchange further believes that changes are non-substantive and would and the rules of the Exchange. eliminating obsolete references would provide clarity and transparency to its The proposed amendment to the ICE be consistent with the public interest parent entities’ governing documents. Holdings Certificate to add a reference and the protection of investors because The Exchange represents that the to the name under which it filed its investors will not be harmed and in fact proposed rule change would have no original certificate of incorporation is a would benefit from increased impact on either the governance or non-substantive, ministerial change transparency, thereby reducing potential ownership of the Exchange. The requested by the State of Delaware confusion. Removing such obsolete Commission believes that waiving the Department of State that does not references will also further the goal of 30-day operative delay is consistent impact either the governance or transparency and add clarity to the with the protection of investors and the ownership of the Exchange. The Exchange’s rules. public interest because the proposed Exchange believes that the proposed changes are non-substantive and will B. Self-Regulatory Organization’s change is consistent with Section 6(b)(1) provide clarity to the Exchange’s rules. Statement on Burden on Competition because it would contribute to the Therefore, the Commission hereby orderly operation of the Exchange by The Exchange does not believe that waives the operative delay and adding clarity and transparency to the the proposed rule change will impose designates the proposed rule change Exchange’s rules and would enable the any burden on competition that is not operative upon filing.13 Exchange to continue to be so organized necessary or appropriate in furtherance as to have the capacity to carry out the of the purposes of the Exchange Act. At any time within 60 days of the purposes of the Exchange Act and The proposed rule change is not filing of the proposed rule change, the comply and enforce compliance with intended to address competitive issues Commission summarily may the provisions of the Exchange Act by but rather is to make non-substantive temporarily suspend such rule change if its members and persons associated changes concerned solely with the it appears to the Commission that such with its members. clarity and transparency of its parent action is: (i) Necessary or appropriate in For similar reasons, the Exchange also entities’ governing documents. the public interest; (ii) for the protection believes that the proposed change of investors; or (iii) otherwise in C. Self-Regulatory Organization’s furtherance of the purposes of the Act. furthers the objectives of Section 6(b)(5) Statement on Comments on the If the Commission takes such action, the of the Exchange Act 8 because the Proposed Rule Change Received From Commission shall institute proceedings proposed rule change would be consistent with and facilitate a Members, Participants, or Others to determine whether the proposed rule governance and regulatory structure that No written comments were solicited should be approved or disapproved. is designed to prevent fraudulent and or received with respect to the proposed manipulative acts and practices, to rule change. IV. Solicitation of Comments promote just and equitable principles of III. Date of Effectiveness of the Interested persons are invited to trade, to foster cooperation and Proposed Rule Change and Timing for submit written data, views, and coordination with persons engaged in arguments concerning the foregoing, Commission Action regulating, clearing, settling, processing including whether the proposed rule information with respect to, and Because the foregoing proposed rule change does not: (i) Significantly affect change is consistent with the Act. facilitating transactions in securities, to Comments may be submitted by any of remove impediments to, and perfect the the protection of investors or the public interest; (ii) impose any significant the following methods: mechanism of a free and open market and a national market system and, in burden on competition; and (iii) become Electronic Comments general, to protect investors and the operative for 30 days from the date on public interest. which it was filed, or such shorter time • Use the Commission’s Internet As discussed above, the proposed as the Commission may designate, it has comment form (http://www.sec.gov/ change to amend the Fifth Amended become effective pursuant to Section rules/sro.shtml); or NYSE Group Certificate, which would 19(b)(3)(A)(iii) of the Act 9 and • Send an email to rule- replace obsolete references to the Fourth subparagraph (f)(6) of Rule 19b–4 comments@sec.gov. Please include File mstockstill on DSK3G9T082PROD with NOTICES Amended NYSE Group Certificate with thereunder.10 Number SR–NSX–2017–05 on the references to the Fifth Amended NYSE A proposed rule change filed under subject line. Group Certificate and update the date of Rule 19b–4(f)(6) of the Act 11 normally effectiveness, removes impediments to does not become operative before 30 12 17CFR 240.19b–4(f)(6)(iii). 13 Forpurposes only of waiving the 30-day 6 15 U.S.C. 78f(b). 9 15 U.S.C. 78s(b)(3)(A)(iii). operative delay, the Commission has considered the 7 15 U.S.C. 78f(b)(1). 10 17 CFR 240.19b–4(f)(6). proposed rule’s impact on efficiency, competition, 8 15 U.S.C. 78f(b)(5). 11 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f). VerDate Sep<11>2014 20:23 Feb 24, 2017 Jkt 241001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\27FEN1.SGM 27FEN1

11988 Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices Paper Comments SECURITIES AND EXCHANGE its PULSe workstation. The fees herein COMMISSION will be effective on February 10, 2017. • Send paper comments in triplicate to Secretary, Securities and Exchange [Release No. 34–80086; File No. SR–CBOE– By way of background, the PULSe Commission, 100 F Street NE., 2017–015] workstation is a front-end order entry Washington, DC 20549–1090. system designed for use with respect to Self-Regulatory Organizations; orders that may be sent to the trading All submissions should refer to File Chicago Board Options Exchange, systems of the Exchange. Exchange Number SR–NSX–2017–05. This file Incorporated; Notice of Filing and Trading Permit Holders (‘‘TPHs’’) may number should be included on the Immediate Effectiveness of a Proposed also make workstations available to subject line if email is used. To help the Rule Change To Amend the Fees their customers, which may include Commission process and review your Schedule TPHs, non-broker dealer public comments more efficiently, please use February 22, 2017. customers and non-TPH broker dealers. only one method. The Commission will Pursuant to Section 19(b)(1) of the Drop Copies post all comments on the Commission’s Securities Exchange Act of 1934 (the Internet Web site (http://www.sec.gov/ ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Financial Information eXchange rules/sro.shtml). Copies of the notice is hereby given that on February (‘‘FIX’’) language-based connectivity, submission, all subsequent 10, 2017, Chicago Board Options upon request, provides customers (both amendments, all written statements Exchange, Incorporated (the ‘‘Exchange’’ TPH and non-TPH) of TPHs that are with respect to the proposed rule or ‘‘CBOE’’) filed with the Securities brokers and PULSe users (‘‘PULSe change that are filed with the and Exchange Commission (the brokers’’) with the ability to receive Commission, and all written ‘‘Commission’’) the proposed rule ‘‘drop-copy’’ order fill messages from communications relating to the change as described in Items I, II, and their PULSe brokers. These fill messages proposed rule change between the III below, which Items have been allow customers to update positions, Commission and any person, other than prepared by the Exchange. The risk calculations and streamline back- those that may be withheld from the Commission is publishing this notice to office functions. public in accordance with the solicit comments on the proposed rule The Exchange is proposing reducing provisions of 5 U.S.C. 552, will be change from interested persons. the monthly fee to be assessed on TPHs available for Web site viewing and I. Self-Regulatory Organization’s who are either receiving or sending drop printing in the Commission’s Public Statement of the Terms of Substance of copies via a PULSe workstation. Reference Room, 100 F Street NE., the Proposed Rule Change Whether the drop copy sender or Washington, DC 20549 on official receiver is assessed the fee is dependent business days between the hours of The text of the proposed rule change is available on the Exchange’s Web site upon whether the customer receiving 10:00 a.m. and 3:00 p.m. Copies of such the drop copies is a TPH or non-TPH. (http://www.cboe.com/AboutCBOE/ filing also will be available for CBOELegalRegulatoryHome.aspx), at If a customer receiving drop copies is inspection and copying at the principal the Exchange’s Office of the Secretary, a TPH, that TPH customer (the receiving office of the Exchange. All comments and at the Commission’s Public TPH) will now be charged a fee of $425 received will be posted without change; Reference Room. per month (down from $1000 per the Commission does not edit personal II. Self-Regulatory Organization’s month), per PULSe broker from whom identifying information from Statement of the Purpose of, and it receives drop copies via PULSe. For submissions. You should submit only Statutory Basis for, the Proposed Rule example, if TPH customer A receives information that you wish to make Change drop copies from each of PULSe broker available publicly. All submissions A, PULSe broker B, and PULSe broker should refer to File Number SR–NSX– In its filing with the Commission, the C (all of which are TPHs), TPH A (the 2017–05, and should be submitted on or Exchange included statements receiving TPH) will be charged a fee of before March 20, 2017. concerning the purpose of and basis for $1275 per month for receiving drop For the Commission, by the Division of the proposed rule change and discussed copies via PULSe from PULSe brokers Trading and Markets, pursuant to delegated any comments it received on the A, B and C (the sending TPHs). authority.14 proposed rule change. The text of these statements may be examined at the If a customer receiving drop copies is Eduardo A. Aleman, a non-TPH, the PULSe broker (the places specified in Item IV below. The Assistant Secretary. Exchange has prepared summaries, set sending TPH) who sends drop copies [FR Doc. 2017–03800 Filed 2–24–17; 8:45 am] forth in sections A, B, and C below, of via PULSe to that customer will now be BILLING CODE 8011–01–P the most significant aspects of such charged a fee of $400 per month (down statements. from $500 per month). If that PULSe broker sends drop copies via PULSe to A. Self-Regulatory Organization’s Statement of the Purpose of, and multiple non-TPH customers, the Statutory Basis for, the Proposed Rule PULSe broker will be charged the fee for Change each customer. For example, if PULSe broker A sends drop copies via its mstockstill on DSK3G9T082PROD with NOTICES 1. Purpose PULSe workstation to each of non-TPH The Exchange proposes to amend its customer A, non-TPH customer B and Fees Schedule. The Exchange is non-TPH customer C, PULSe broker A changing fees for functionality related to (the sending TPH) will be charged a fee of $1200 per month for drop copies it 1 15 U.S.C. 78s(b)(1). sends via PULSe to non-TPH customers 14 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. A, B and C (the receiving non-TPHs). VerDate Sep<11>2014 20:23 Feb 24, 2017 Jkt 241001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\27FEN1.SGM 27FEN1


Document Created: 2017-02-25 01:05:57
Document Modified: 2017-02-25 01:05:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 11986 
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