82_FR_24273 82 FR 24173 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change Amending Its Listing Standards for Special Purpose Acquisition Companies To Modify the Initial and Continued Distribution Requirements

82 FR 24173 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change Amending Its Listing Standards for Special Purpose Acquisition Companies To Modify the Initial and Continued Distribution Requirements

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 100 (May 25, 2017)

Page Range24173-24174
FR Document2017-10691

Federal Register, Volume 82 Issue 100 (Thursday, May 25, 2017)
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24173-24174]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10691]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80735; File No. SR-NYSE-2017-11]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Designation of a Longer Period for Commission Action on 
Proposed Rule Change Amending Its Listing Standards for Special Purpose 
Acquisition Companies To Modify the Initial and Continued Distribution 
Requirements

May 19, 2017.
    On March 20, 2017, the New York Stock Exchange LLC (``NYSE'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend its listing standards for Special Purpose 
Acquisition Companies (``SPAC'') to modify the initial and continued 
distribution requirements, and to make other minor changes. The 
proposed rule change was published for comment in the Federal Register 
on April 6, 2017.\3\ The Commission received no comments on the 
proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80358 (March 31, 
2017), 82 FR 16865 (April 6, 2017) (``Notice'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the 
notice publication of the filing of a proposed rule change, or within 
such longer period up to 90 days as the Commission may designate if it 
finds such longer period to be appropriate and publishes its reasons 
for so finding, or as to which the self-regulatory organization 
consents, the Commission shall either approve the proposed rule change, 
disapprove the proposed rule change, or institute proceedings to 
determine whether the proposed rule change should be disapproved. The 
45th day after publication of the notice for this proposed rule change 
is May 21, 2017. The Commission is extending this 45-day time period. 
The Commission finds it appropriate to designate a longer period within 
which to take action on the proposed rule change so that it has 
sufficient time to consider the proposal. Accordingly, the Commission, 
pursuant to Section 19(b)(2) of the Act,\5\ designates July 5, 2017, as 
the date by which the Commission shall either approve or disapprove, or 
institute

[[Page 24174]]

proceedings to determine whether to disapprove, the proposed rule 
change (File No. SR-NYSE-2017-11).
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
    \5\ Id.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10691 Filed 5-24-17; 8:45 am]
BILLING CODE 8011-01-P



                                      Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices                                                     24173

     investors with greater ability to hold                     Commission, 100 F Street NE.,                          SECURITIES AND EXCHANGE
     Shares based on underlying indexes that                    Washington, DC 20549–1090.                             COMMISSION
     may accord more closely with an
     investor’s assessment of market risk.                      All submissions should refer to File                   [Release No. 34–80735; File No. SR–NYSE–
                                                                Number SR–BatsBZX–2017–26. This file                   2017–11]
     B. Self-Regulatory Organization’s                          number should be included on the
     Statement on Burden on Competition                         subject line if email is used. To help the             Self-Regulatory Organizations; New
       In accordance with Section 6(b)(8) of                    Commission process and review your                     York Stock Exchange LLC; Notice of
     the Act,13 the Exchange believes that the                  comments more efficiently, please use                  Designation of a Longer Period for
     proposed rule change would not impose                      only one method. The Commission will                   Commission Action on Proposed Rule
     any burden on competition that is not                      post all comments on the Commission’s                  Change Amending Its Listing
     necessary or appropriate in furtherance                                                                           Standards for Special Purpose
                                                                Internet Web site (http://www.sec.gov/
     of the purposes of the Act. The                                                                                   Acquisition Companies To Modify the
                                                                rules/sro.shtml). Copies of the
     proposed rule change would explicitly                                                                             Initial and Continued Distribution
                                                                submission, all subsequent                             Requirements
     permit Exchange listing and trading                        amendments, all written statements
     under Rule 19b–4(e) of Shares based on                     with respect to the proposed rule                      May 19, 2017.
     indexes that include cash as a                             change that are filed with the                            On March 20, 2017, the New York
     component, which would enhance                                                                                    Stock Exchange LLC (‘‘NYSE’’ or
                                                                Commission, and all written
     competition among market participants,                                                                            ‘‘Exchange’’) filed with the Securities
                                                                communications relating to the
     to the benefit of investors and the
                                                                proposed rule change between the                       and Exchange Commission
     marketplace.
                                                                Commission and any person, other than                  (‘‘Commission’’), pursuant to Section
     C. Self-Regulatory Organization’s                          those that may be withheld from the                    19(b)(1) of the Securities Exchange Act
     Statement on Comments on the                               public in accordance with the                          of 1934 (‘‘Act’’) 1 and Rule 19b–4
     Proposed Rule Change Received From                         provisions of 5 U.S.C. 552, will be                    thereunder,2 a proposed rule change to
     Members, Participants, or Others                           available for Web site viewing and                     amend its listing standards for Special
       The Exchange has neither solicited                       printing in the Commission’s Public                    Purpose Acquisition Companies
     nor received written comments on the                       Reference Room, 100 F Street NE.,                      (‘‘SPAC’’) to modify the initial and
     proposed rule change.                                      Washington, DC 20549 on official                       continued distribution requirements,
                                                                                                                       and to make other minor changes. The
     III. Date of Effectiveness of the                          business days between the hours of
                                                                                                                       proposed rule change was published for
     Proposed Rule Change and Timing for                        10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                                       comment in the Federal Register on
     Commission Action                                          filing also will be available for
                                                                                                                       April 6, 2017.3 The Commission
                                                                inspection and copying at the principal                received no comments on the proposal.
        Within 45 days of the date of
     publication of this notice in the Federal                  office of the Exchange. All comments                      Section 19(b)(2) of the Act 4 provides
     Register or within such longer period                      received will be posted without change;                that within 45 days of the notice
     up to 90 days (i) as the Commission may                    the Commission does not edit personal                  publication of the filing of a proposed
     designate if it finds such longer period                   identifying information from                           rule change, or within such longer
     to be appropriate and publishes its                        submissions. You should submit only                    period up to 90 days as the Commission
     reasons for so finding or (ii) as to which                 information that you wish to make                      may designate if it finds such longer
     the self-regulatory organization                           available publicly. All submissions                    period to be appropriate and publishes
     consents, the Commission will: (a) By                      should refer to File Number SR–                        its reasons for so finding, or as to which
     order approve or disapprove such                           BatsBZX–2017–26, and should be                         the self-regulatory organization
     proposed rule change; or (b) institute                     submitted on or before June 15, 2017.                  consents, the Commission shall either
     proceedings to determine whether the                         For the Commission, by the Division of               approve the proposed rule change,
     proposed rule change should be                             Trading and Markets, pursuant to delegated             disapprove the proposed rule change, or
     disapproved.                                               authority.14                                           institute proceedings to determine
     IV. Solicitation of Comments                                                                                      whether the proposed rule change
                                                                Eduardo A. Aleman,                                     should be disapproved. The 45th day
       Interested persons are invited to                        Assistant Secretary.                                   after publication of the notice for this
     submit written data, views, and                            [FR Doc. 2017–10686 Filed 5–24–17; 8:45 am]            proposed rule change is May 21, 2017.
     arguments concerning the foregoing,                                                                               The Commission is extending this 45-
                                                                BILLING CODE 8011–01–P
     including whether the proposed rule                                                                               day time period. The Commission finds
     change is consistent with the Act.                                                                                it appropriate to designate a longer
     Comments may be submitted by any of                                                                               period within which to take action on
     the following methods:                                                                                            the proposed rule change so that it has
     Electronic Comments                                                                                               sufficient time to consider the proposal.
                                                                                                                       Accordingly, the Commission, pursuant
       • Use the Commission’s Internet
                                                                                                                       to Section 19(b)(2) of the Act,5
     comment form (http://www.sec.gov/
     rules/sro.shtml); or                                                                                              designates July 5, 2017, as the date by
       • Send an email to rule-comments@                                                                               which the Commission shall either
     sec.gov. Please include File Number SR–                                                                           approve or disapprove, or institute
     BatsBZX–2017–26 on the subject line.                                                                                1 15   U.S.C. 78s(b)(1).
     Paper Comments                                                                                                      2 17   CFR 240.19b–4.
                                                                                                                          3 See Securities Exchange Act Release No. 80358
       • Send paper comments in triplicate                                                                             (March 31, 2017), 82 FR 16865 (April 6, 2017)
     to Secretary, Securities and Exchange                                                                             (‘‘Notice’’).
                                                                                                                          4 15 U.S.C. 78s(b)(2).
       13 15   U.S.C. 78f(b)(8).                                  14 17   CFR 200.30–3(a)(12).                            5 Id.




VerDate Sep<11>2014      18:04 May 24, 2017   Jkt 241001   PO 00000   Frm 00079    Fmt 4703   Sfmt 4703   E:\FR\FM\25MYN1.SGM   25MYN1


     24174                         Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices

     proceedings to determine whether to                     Commission received no comments to                         participants on a curve) and relies on
     disapprove, the proposed rule change                    the Advance Notices. This publication                      peer grouping of members to calculate
     (File No. SR–NYSE–2017–11).                             serves as notice that the Commission                       the Credit Rating of a member.
       For the Commission, by the Division of                does not object to the changes set forth                   Ultimately, the ratings generated are
     Trading and Markets, pursuant to delegated              in the Advance Notices.                                    based on a 7-point rating system, with
     authority.6                                                                                                        ‘‘1’’ being the strongest Credit Rating
                                                             I. Description of the Advance Notices
     Eduardo A. Aleman,                                                                                                 and ‘‘7’’ being the weakest Credit
     Assistant Secretary.                                       The Advance Notices consist of                          Rating. Although the current CRRM
     [FR Doc. 2017–10691 Filed 5–24–17; 8:45 am]
                                                             proposed modifications to the Rules,                       does not directly consider qualitative
                                                             By-Laws and Organizational Certificate                     factors, the Clearing Agencies’ credit
     BILLING CODE 8011–01–P
                                                             of DTC (‘‘DTC Rules’’), the Rulebook of                    risk staff may manually downgrade a
                                                             GSD (‘‘GSD Rules’’), the Clearing Rules                    particular member’s Credit Rating based
     SECURITIES AND EXCHANGE                                 of MBSD (‘‘MBSD Rules’’), and the                          on various qualitative factors.7 Members
     COMMISSION                                              Rules & Procedures of NSCC (‘‘NSCC                         that receive a Credit Rating of 5, 6, or
                                                             Rules’’) (collectively, the ‘‘Rules’’).5 The               7 are placed on the Clearing Agencies’
     [Release No. 34–80731; File Nos. SR–DTC–                Advance Notices are proposals by the                       ‘‘Watch List,’’ as these members present
     2017–801; SR–FICC–2017–804; SR–NSCC–
                                                             Clearing Agencies to amend the Rules                       a greater risk of default.8
     2017–801]
                                                             to: (i) Enhance their shared credit risk                      To improve the coverage and the
     Self-Regulatory Organizations; The                      rating matrix (‘‘Credit Risk Rating                        effectiveness of the current CRRM, the
     Depository Trust Company; Fixed                         Matrix’’ or ‘‘CRRM’’), which was                           Clearing Agencies are proposing three
     Income Clearing Corporation; National                   developed by the Clearing Agencies to                      enhancements, as discussed below. In
     Securities Clearing Corporation;                        evaluate the credit risks posed by                         addition to the enhancements, the
     Notice of No Objection to Advance                       certain Clearing Agency members to the                     Clearing Agencies also propose to make
     Notices To Enhance the Credit Risk                      Clearing Agencies (and by implication                      other changes to their Rules to more
     Rating Matrix and Make Other Changes                    to all of the Clearing Agency members),                    fully describe the Clearing Agencies’
                                                             as a result of providing services to such                  current ongoing membership monitoring
     May 19, 2017.                                           members; and (ii) make other                               process, both related and unrelated to
        On March 22, 2017, The Depository                    amendments to the Rules, both related                      the CRRM, also discussed below.9
     Trust Company (‘‘DTC’’), Fixed Income                   and unrelated to the CRRM, to provide
     Clearing Corporation (‘‘FICC’’), and                    more transparency and description                          A. Proposed CRRM Enhancements
     National Securities Clearing Corporation                regarding the Clearing Agencies’ current                     Currently, the CRRM is comprised of
     (‘‘NSCC,’’ each a ‘‘Clearing Agency,’’                  ongoing membership monitoring                              two Credit Rating models—one for U.S.
     and collectively, ‘‘Clearing Agencies’’)                process, as described below.                               broker-dealers and one for U.S. banks.
     filed with the Securities and Exchange                     Currently, the CRRM rates the credit                    The first proposed enhancement would
     Commission (‘‘Commission’’),                            risk presented by members of the                           expand the CRRM by adding a third
     respectively advance notices SR–DTC–                    Clearing Agencies that are U.S. broker-                    model that would enable the CRRM to
     2017–801, SR–FICC–2017–804, and SR–                     dealers and U.S. banks. The CRRM                           generate Credit Ratings for members that
     NSCC–2017–801 (collectively, the                        assigns a credit rating based on certain                   are foreign banks or foreign trust
     ‘‘Advance Notices’’) pursuant to section                quantitative factors (‘‘Credit Rating’’),                  companies that have audited financial
     806(e)(1) of the Payment, Clearing, and                 which vary based upon whether the                          data that is publicly available. The
     Settlement Supervision Act of 2010                      member is a broker-dealer or bank.6 The                    Credit Rating for these particular
     (‘‘Clearing Supervision Act’’) 1 and Rule               current CRRM also uses a relative                          members would be based on both
     19b–4(n)(1)(i) 2 under the Securities                   scoring approach (i.e., rating                             quantitative and qualitative factors, as
     Exchange Act of 1934 (‘‘Exchange                                                                                   indicated in the second enhancement,
     Act’’).3 The Advance Notices were                       changes were published for comment in the Federal          below. According to the Clearing
     published for comment in the Federal                    Register on April 11, 2017. Securities Exchange Act        Agencies, the expected benefit of this
     Register on April 7, 2017.4 The                         Release Nos. 30383 (April 5, 2017), 82 FR 17468
                                                             (April 11, 2017) (SR–FICC–2017–006); 80382 (April          expansion and enhancement of the
                                                             5, 2017), 82 FR 17483 (April 11, 2017) (SR–DTC–            CRRM would be that the Clearing
       6 17 CFR 200.30–3(a)(31).
       1 12
                                                             2017–002); and 80381 (April 5, 2017), 82 FR 17475          Agencies could better evaluate the
            U.S.C. 5465(e)(1). The Financial Stability       (April 11, 2017) (SR–NSCC–2017–002). The
     Oversight Council designated the Clearing Agencies
                                                                                                                        default risk of their foreign bank or
                                                             Commission did not receive any comments on the
     systemically important financial market utilities on    proposed rule changes.                                     foreign trust company members.
     July 18, 2012. Financial Stability Oversight Council       5 Available at http://www.dtcc.com/en/legal/              The second proposed enhancement
     2012 Annual Report, Appendix A, http://                 rules-and-procedures. FICC is comprised of two             would supplement the Clearing
     www.treasury.gov/initiatives/fsoc/Documents/            divisions: The Government Securities Division
     2012%20Annual%20Report.pdf. Therefore, the
                                                                                                                        Agencies’ ability to manually
                                                             (‘‘GSD’’) and the Mortgage-Backed Securities
     Clearing Agencies are required to comply with the       Division (‘‘MBSD’’). Each division serves as a
                                                                                                                        downgrade members by incorporating
     Clearing Supervision Act and file advance notices       central counterparty, becoming the buyer and seller
     with the Commission. 12 U.S.C. 5465(e).                 to each of their respective members’ securities              7 Quantitative factors currently considered by the
       2 17 CFR 240.19b–4(n)(1)(i).                                                                                     Clearing Agencies include: (a) Available news
                                                             transactions and guarantying settlement of those
       3 15 U.S.C. 78s(b)(1).                                transactions, even if a member defaults. GSD               reports and/or regulatory observations relating to
       4 Securities Exchange Act Release Nos. 80395          provides, among other things, clearance and                the member; (b) member’s liquidity arrangements;
     (April 7, 2017), 82 FR 17921 (April 13, 2017) (SR–      settlement for trades in U.S. Government debt              and (c) material changes to the member’s
     NSCC–2017–801); 80396 (April 7, 2017), 82 FR            issues. MBSD provides, among other things,                 organizational structure.
                                                             clearance and settlement for trades in mortgage-             8 Members on the Watch List are subject to
     17906 (April 13, 2017) (SR–FICC–2017–804); and
     80394 (April 7, 2017), 82 FR 17901 (April 13, 2017)     backed securities. GSD and MBSD maintain                   enhanced surveillance by the Clearing Agencies and
     (SR–DTC–2017–801) (‘‘Notices’’). The Clearing           separate sets of rules, margin models, and clearing        additional margin charges.
     Agencies also filed proposed rule changes with the      funds.                                                       9 Although each of the Clearing Agencies uses the

     Commission pursuant to section 19(b)(1) of the             6 For U.S. broker-dealers, the Clearing Agencies        CRRM uniformly, the description of the respective
     Exchange Act and Rule 19b–4 thereunder, seeking         consider size (i.e., total excess net capital), capital,   Clearing Agencies’ Rules regarding the CRRM are
     approval of changes to their Rules necessary to         leverage, liquidity, and profitability. For U.S. banks,    different. To address this issue, the Clearing
     implement the proposal. 15 U.S.C. 78s(b)(1) and 17      the Clearing Agencies consider size, capital, asset        Agencies propose to adopt similar Rules at each
     CFR 240.19b–4, respectively. The proposed rule          quality, earnings, and liquidity.                          Clearing Agency.



VerDate Sep<11>2014   18:04 May 24, 2017   Jkt 241001   PO 00000   Frm 00080   Fmt 4703    Sfmt 4703   E:\FR\FM\25MYN1.SGM      25MYN1



Document Created: 2018-11-08 08:52:35
Document Modified: 2018-11-08 08:52:35
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 24173 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR