82_FR_24866 82 FR 24764 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Amend the Rules of the Exchange, the NYSE MKT Equities Price List, the NYSE Amex Options Fee Schedule, and the NYSE Amex Options Proprietary Market Data Fees

82 FR 24764 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Amend the Rules of the Exchange, the NYSE MKT Equities Price List, the NYSE Amex Options Fee Schedule, and the NYSE Amex Options Proprietary Market Data Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 102 (May 30, 2017)

Page Range24764-24766
FR Document2017-10983

Federal Register, Volume 82 Issue 102 (Tuesday, May 30, 2017)
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Pages 24764-24766]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10983]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80748; File No. SR-NYSEMKT-2017-20]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Change To Amend the Rules of the 
Exchange, the NYSE MKT Equities Price List, the NYSE Amex Options Fee 
Schedule, and the NYSE Amex Options Proprietary Market Data Fees

May 23, 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 May 19, 2017, NYSE MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes, in connection with its name change to NYSE 
American LLC (``NYSE American''), to rebrand the Exchange's facility 
for trading options (``Options Market''), from ``NYSE Amex Options'' to 
``NYSE American Options'' and to amend the rules of the Exchange, the 
NYSE MKT Equities Price List (``Price List''), the NYSE Amex Options 
Fee Schedule (``Fee Schedule''), and the NYSE Amex Options Proprietary 
Market Data Fees (``Options Market Data Fees'') to reflect that 
rebranding. The Exchange also proposes to delete obsolete references in 
the rules and the NYSE MKT LLC Company Guide (``Company Guide''). The 
proposed 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
    NYSE MKT proposes, in connection with its name change to NYSE 
American LLC (``NYSE American''),\4\ to rebrand the Exchange's Options 
Market from ``NYSE Amex Options'' to ``NYSE American Options.'' 
Therefore, the Exchange now proposes to amend the rules of the 
Exchange, Company Guide, Price List, Fee Schedule, and Options Market 
Data Fees to reflect that rebranding.
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    \4\ See Securities Exchange Act Release No. 80283 (March 21, 
2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14).
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    The Exchange also proposes to delete obsolete references to a 
former name from the rules and the Company Guide.\5\
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    \5\ See Securities Exchange Act Release No. 67037 (May 21, 
2012), 77 FR 31415 (May 25, 2012) (SR-NYSEAmex-2012-32).
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Background

    Option contracts may be approved for listing and trading on the 
Exchange's Options Market, which is referred to as ``NYSE Amex 
Options.'' \6\ On March 16, 2017, NYSE MKT filed rule changes with the 
Commission in connection with its name change to NYSE American LLC.\7\ 
The Exchange has now determined that for consistency and marketing 
purposes it would be

[[Page 24765]]

desirable to rebrand the Options Market from ``NYSE Amex Options'' to 
``NYSE American Options.'' \8\
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    \6\ See Rule 900.2NY(47) (Definitions) (providing that ``[t]he 
term `NYSE Amex Options' shall refer to those aspects of the Self-
Regulatory Organization and the Trading Facilities business of NYSE 
MKT LLC licensed to trade Options by the Exchange''). See also 
Section 900 NY (Rules Principally Applicable to Trading of Options 
Contracts) of the Exchange's Rules.
    \7\ See Securities Exchange Act Release No. 80283, supra note 4.
    \8\ NYSE Amex Options LLC, a Delaware limited liability company, 
operates the Options Market. See Securities Exchange Act Release No. 
64742 (June 24, 2011), 76 FR 38436 (June 30, 2011) (SR-NYSEAmex-
2011-18), at 38436. The Exchange proposes to rebrand the name of the 
Options Market, but does not propose to change the name of NYSE Amex 
Options LLC.
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    The proposed rule changes would become operative upon the 
effectiveness of the NYSE MKT name change to NYSE American, which is 
expected to be no later than July 30, 2017.
    The Exchange notes that the name change originally was expected to 
become effective no later than June 30, 2017.\9\ Because the Exchange 
now anticipates that the name change will become effective at a 
subsequent date, not only the proposed rule changes, discussed below, 
but also the rule changes filed on March 16, 2017 \10\ in connection 
with the name change to NYSE American, would become operative upon the 
effectiveness of the NYSE MKT name change to NYSE American, which is 
expected to be no later than July 30, 2017. The Exchange will announce 
via Trader Notice the effective date of the name change.
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    \9\ See Securities Exchange Act Release No. 80283, supra note 4, 
at 15246.
    \10\ See Securities Exchange Act Release No. 80283 (March 21, 
2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14).
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Proposed Changes

    In connection with the rebranding of the Options Market, the 
Exchange proposes to amend the rules as described below:
     The Exchange proposes to change the name of its trading 
permit from ``Amex Trading Permit'' to ``American Trading Permit.'' 
Consistent with that change, it proposes to change the terms ``Amex 
Trading Permits'' and ``Amex Trading Permit Holder'' to ``American 
Trading Permits'' and ``American Trading Permit Holder,'' respectively. 
To implement the change, it proposes to replace ``Amex'' with 
``American'' in Rule 350 (Ownership Requirements); Rule 353 (Amex 
Trading Permit Requirements); Rule 353A (Revocable Privilege; 
Termination of an Amex Trading Permit); Rule 358 (Processing Fees and 
Other Charges Associated with Amex Trading Permit); Rule 358A (Special 
Charge and Charge Upon Options Transactions); Rule 359 (Application and 
Termination Forms); Rule 359B (Limited Transferability); and, where 
applicable, in the respective title of the aforementioned rules.
     The Exchange proposes to change the term ``NYSE Amex 
Options Trading Floor'' to ``NYSE American Options Trading Floor''. To 
implement the change, it proposes to replace ``Amex'' with ``American'' 
in Rule 6A--Equities (`Trading Floor') and Rule 36--Equities 
(Communications between Exchange and Members' Offices), Supplementary 
Material .21, .23, and .70.
     In Rule 70--Equities (Execution of Floor Broker Interest), 
Supplementary Material .40, the Exchange proposes to replace ``Amex'' 
with ``American'' in the term ``NYSE Amex option.''
     In Rule 900.2NY (Definitions), the Exchange proposes to 
amend ``NYSE Amex Options'' to the term ``NYSE American Options'' and 
``Amex Trading Permit'' to the term ``American Trading Permit''. To 
implement the change, the Exchange proposes to replace ``Amex'' with 
``American'' throughout the rule.
     In Rule 902NY (Admission and Conduct on the Options 
Trading Floor), the Exchange proposes to replace ``Amex'' with 
``American'' in the terms ``Officer of NYSE Amex Options'', ``NYSE Amex 
Options automated trading system'', and ``Reserve Floor Market Maker 
Amex Trading Permit.''
     In Rule 1000--AEMI (Portfolio Depository Receipts), 
Commentary .03 and .06, and Rule 1000A-AEMI (Index Fund Shares), 
Commentary .02 and .05, the Exchange proposes to delete ``Amex'' from 
the term ``Amex Company Guide'', consistent with the definition of 
``Company Guide'' in the Exchange's rules.\11\
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    \11\ See Definition 37 (``Company Guide'') in the General and 
Floor Rules.
---------------------------------------------------------------------------

    In addition, the Exchange proposes to amend the following documents 
as described below:
     Fee Schedule: The Exchange proposes to replace ``Amex'' 
with ``American'' in the references to ``NYSE Amex Options'' in the 
title and throughout the Fee Schedule. The Exchange also proposes to 
replace ``Amex'' with ``American'' in the terms ``NYSE Amex Options 
Market Maker'', ``NYSE Amex'', ``NYSE Amex Options Floor Market 
Maker'', ``NYSE Amex Options Market Making firm'' and ``Amex Customer 
Engagement (``ACE'') Program.'' Additionally, the Exchange proposes to 
make a technical correction to the term ``NYSE Amex Market Maker'' by 
adding the missing word ``Options'' and updating such reference to 
``NYSE American Options Market Maker.''
     Price List: Under ``Co-Location Fees,'' the Exchange 
proposes to replace ``Amex'' with ``American'' in the term ``NYSE Amex 
Options.''
     Options Market Data Fees: The Exchange proposes to replace 
references to ``Amex'' with ``American'' found in the title, headings, 
and product names throughout the Options Market Data Fees.
    The Exchange also proposes to clean up obsolete references to the 
Exchange's former name, Amex, as follows:
     When the Exchange's name was changed from NYSE Amex LLC to 
NYSE MKT LLC, it changed its rule naming convention by replacing ``--
NYSE Amex Equities'' with ``--Equities''.\12\ However, Rule 5210--
Equities (Publication of Transactions and Quotations), Supplementary 
Material .01, retains cross references using the old naming convention. 
The Exchange accordingly proposes to update such references to ``--NYSE 
Amex Equities'' rules to ``--Equities'' rules.
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 67037 (May 21, 
2012), 77 FR 31415 (May 25, 2012) (SR-NYSEAmex-2012-32), at 31416. 
For example, Rule 0--NYSE Amex Equities became Rule 0--Equities.
---------------------------------------------------------------------------

     In Sec.137 (Depository Eligibility) of the Company Guide, 
the Exchange proposes to replace ``Amex Rule 777'' with ``Rule 777.''
    None of the foregoing changes are substantive.\13\
---------------------------------------------------------------------------

    \13\ The Exchange will submit subsequent rule filings as 
necessary to make any technical corrections to proposed rule changes 
that are pending as of the date of submission of this filing and 
approved by the Commission thereafter.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Exchange Act \14\ in general, and with Section 
6(b)(1) \15\ 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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The proposed rule change is a non-substantive change and does not 
impact the governance or ownership of the Exchange. The Exchange 
believes that the proposed rule change 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, because ensuring that the Exchange's rules, Price 
List, Fee Schedule, and Options Market Data Fees accurately reflect the 
name of the Options Market would contribute to the orderly operation of 
the Exchange by

[[Page 24766]]

adding clarity and transparency to such documents and rules.
    For similar reasons, the Exchange also believes that the proposed 
rule change is consistent with Section 6(b)(5) of the Act,\16\ in that 
it is designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change would remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system by ensuring that market participants can more 
easily navigate, understand and comply with the Exchange's rules, Price 
List, Fee Schedule, and Options Market Data Fees. The Exchange believes 
that, by ensuring that such documents and rulebook accurately reflect 
the name of the Options Market, which aligns with the name of the 
Exchange, the proposed rule change would reduce potential investor or 
market participant confusion.
    The Exchange believes that eliminating obsolete references to the 
Exchange's previous name would not be inconsistent 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 and Company Guide.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
not intended to address competitive issues but rather is concerned 
solely with updating the Exchange's rules, Company Guide, Price List, 
Fee Schedule, and Options Market Data Fees to reflect the new name of 
the Exchange and the subsequent related rebranding of its options 
business.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The proposed rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \17\ and Rule 19b-4(f)(3) \18\ thereunder in 
that the proposed rule change is concerned solely with the 
administration of the Exchange.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may suspend such rule change if it 
appears to the Commission that such action is necessary or appropriate 
in the public interest, for the protection of investors, or otherwise 
in furtherance of the purposes of the Act. If the Commission takes such 
action, the Commission shall institute proceedings under Section 
19(b)(2)(B) \19\ of the Act to determine whether the proposed rule 
change should be approved or disapproved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEMKT-2017-20 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-NYSEMKT-2017-20. 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 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; 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-NYSEMKT-2017-20 and should 
be submitted on or before June 20, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10983 Filed 5-26-17; 8:45 am]
BILLING CODE 8011-01-P



                                                24764                           Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices

                                                On March 28, 2017, the Exchange filed                    2017 as the date by which the                        Guide’’). The proposed change is
                                                Amendment No. 1 to the proposed rule                     Commission shall either approve or                   available on the Exchange’s Web site at
                                                change.8 Amendment No. 1 was                             disapprove the proposed rule change                  www.nyse.com, at the principal office of
                                                published for comment in the Federal                     (File No. SR–NYSEMKT–2016–103).                      the Exchange, and at the Commission’s
                                                Register on April 27, 2017.9 On April                      For the Commission, by the Division of             Public Reference Room.
                                                27, 2017, the Exchange filed                             Trading and Markets, pursuant to delegated
                                                Amendment No. 2 to the proposed rule                                                                          II. Self-Regulatory Organization’s
                                                                                                         authority.13
                                                change.10 The Commission has received                                                                         Statement of the Purpose of, and
                                                                                                         Eduardo A. Aleman,
                                                no comments on the proposed rule                                                                              Statutory Basis for, the Proposed Rule
                                                                                                         Assistant Secretary.                                 Change
                                                change.                                                  [FR Doc. 2017–10974 Filed 5–26–17; 8:45 am]
                                                   Section 19(b)(2) of the Act 11 provides                                                                       In its filing with the Commission, the
                                                                                                         BILLING CODE 8011–01–P
                                                that, after initiating disapproval                                                                            self-regulatory organization included
                                                proceedings, the Commission shall issue                                                                       statements concerning the purpose of,
                                                an order approving or disapproving the                   SECURITIES AND EXCHANGE                              and basis for, the proposed rule change
                                                proposed rule change not later than 180                  COMMISSION                                           and discussed any comments it received
                                                days after the date of publication of                                                                         on the proposed rule change. The text
                                                notice of filing of the proposed rule                    [Release No. 34–80748; File No. SR–                  of those statements may be examined at
                                                change. The Commission may extend                        NYSEMKT–2017–20]                                     the places specified in Item IV below.
                                                the period for issuing an order                          Self-Regulatory Organizations; NYSE                  The Exchange has prepared summaries,
                                                approving or disapproving the proposed                   MKT LLC; Notice of Filing and                        set forth in sections A, B, and C below,
                                                rule change, however, by not more than                   Immediate Effectiveness of Proposed                  of the most significant parts of such
                                                60 days if the Commission determines                     Change To Amend the Rules of the                     statements.
                                                that a longer period is appropriate and                  Exchange, the NYSE MKT Equities                      A. Self-Regulatory Organization’s
                                                publishes the reasons for such                           Price List, the NYSE Amex Options Fee                Statement of the Purpose of, and
                                                determination. The proposed rule                         Schedule, and the NYSE Amex Options                  Statutory Basis for, the Proposed Rule
                                                change was published for notice and                      Proprietary Market Data Fees                         Change
                                                comment in the Federal Register on
                                                December 1, 2016. May 30, 2017 is 180                    May 23, 2017.                                        1. Purpose
                                                days from that date, and July 29, 2017                      Pursuant to Section 19(b)(1) 1 of the                NYSE MKT proposes, in connection
                                                is 240 days from that date.                              Securities Exchange Act of 1934 (the                 with its name change to NYSE
                                                   The Commission finds it appropriate                   ‘‘Act’’) 2 and Rule 19b–4 thereunder,3               American LLC (‘‘NYSE American’’),4 to
                                                to designate a longer period within                      notice is hereby given that, on May 19,              rebrand the Exchange’s Options Market
                                                which to issue an order approving or                     2017, NYSE MKT LLC (the ‘‘Exchange’’                 from ‘‘NYSE Amex Options’’ to ‘‘NYSE
                                                disapproving the proposed rule change                    or ‘‘NYSE MKT’’) filed with the                      American Options.’’ Therefore, the
                                                so that it has sufficient time to consider               Securities and Exchange Commission                   Exchange now proposes to amend the
                                                this proposed rule change. Accordingly,                  (the ‘‘Commission’’) the proposed rule               rules of the Exchange, Company Guide,
                                                the Commission, pursuant to Section                      change as described in Items I, II, and              Price List, Fee Schedule, and Options
                                                19(b)(2) of the Act,12 designates July 29,               III below, which Items have been                     Market Data Fees to reflect that
                                                                                                         prepared by the self-regulatory                      rebranding.
                                                national securities exchange be ‘‘designed to            organization. The Commission is                         The Exchange also proposes to delete
                                                prevent fraudulent and manipulative acts and             publishing this notice to solicit
                                                practices, to promote just and equitable principles                                                           obsolete references to a former name
                                                of trade,’’ and ‘‘to protect investors and the public    comments on the proposed rule change                 from the rules and the Company Guide.5
                                                interest.’’ See id. at 12252.                            from interested persons.
                                                   8 Amendment No. 1 is available at: https://                                                                Background
                                                www.sec.gov/comments/sr-nysemkt-2016-103/
                                                                                                         I. Self-Regulatory Organization’s
                                                nysemkt2016103-1672987-149219.pdf.                       Statement of the Terms of Substance of                  Option contracts may be approved for
                                                   9 See Securities Exchange Act Release No. 80500       the Proposed Rule Change                             listing and trading on the Exchange’s
                                                (Apr. 21, 2017), 82 FR 19416.                                                                                 Options Market, which is referred to as
                                                   10 In Amendment No. 2, the Exchange: (1)
                                                                                                            The Exchange proposes, in                         ‘‘NYSE Amex Options.’’ 6 On March 16,
                                                Corrected the cross-reference in footnote 66 of the      connection with its name change to                   2017, NYSE MKT filed rule changes
                                                filing to read ‘‘See supra note 63’’; (2) amended        NYSE American LLC (‘‘NYSE                            with the Commission in connection
                                                proposed Rule 5.2E(j)(6)(B)(V)(2)(a) to read ‘‘may’’     American’’), to rebrand the Exchange’s
                                                instead of ‘‘will’’; (3) amended proposed Rule                                                                with its name change to NYSE
                                                5.5E(m)(1)(c) to clarify that the regulatory function
                                                                                                         facility for trading options (‘‘Options              American LLC.7 The Exchange has now
                                                described therein would be exercised by ‘‘the            Market’’), from ‘‘NYSE Amex Options’’                determined that for consistency and
                                                Exchange’’ instead of ‘‘Regulation’’; (4) amended        to ‘‘NYSE American Options’’ and to                  marketing purposes it would be
                                                Supplementary Material .01 to proposed Rule              amend the rules of the Exchange, the
                                                8.200E to erase the repetitive words ‘‘are satisfied’’
                                                at the end of the introductory paragraph; and (5)
                                                                                                         NYSE MKT Equities Price List (‘‘Price                  4 See Securities Exchange Act Release No. 80283

                                                amended proposed Rule 8.700E(h) to add at the            List’’), the NYSE Amex Options Fee                   (March 21, 2017), 82 FR 15244 (March 27, 2017)
                                                beginning of the paragraph the sentence ‘‘The            Schedule (‘‘Fee Schedule’’), and the                 (SR–NYSEMKT–2017–14).
                                                Exchange will file separate proposals under Section                                                             5 See Securities Exchange Act Release No. 67037
                                                                                                         NYSE Amex Options Proprietary Market
                                                19(b) of the Securities Exchange Act of 1934 before                                                           (May 21, 2012), 77 FR 31415 (May 25, 2012) (SR–
                                                listing and trading separate and distinct Managed
                                                                                                         Data Fees (‘‘Options Market Data Fees’’)             NYSEAmex–2012–32).
                                                Trust Securities.’’ Amendment No. 2 is available at:     to reflect that rebranding. The Exchange               6 See Rule 900.2NY(47) (Definitions) (providing
sradovich on DSK3GMQ082PROD with NOTICES




                                                https://www.sec.gov/comments/sr-nysemkt-2016-            also proposes to delete obsolete                     that ‘‘[t]he term ‘NYSE Amex Options’ shall refer
                                                103/nysemkt2016103-1724667-150689.pdf. Because           references in the rules and the NYSE                 to those aspects of the Self-Regulatory Organization
                                                Amendment No. 2 to the proposed rule change does                                                              and the Trading Facilities business of NYSE MKT
                                                not materially alter the substance of the proposed
                                                                                                         MKT LLC Company Guide (‘‘Company
                                                                                                                                                              LLC licensed to trade Options by the Exchange’’).
                                                rule change or raise unique or novel regulatory                                                               See also Section 900 NY (Rules Principally
                                                                                                           13 17 CFR 200.30–3(a)(57).
                                                issues, Amendment No. 2 is not subject to notice                                                              Applicable to Trading of Options Contracts) of the
                                                and comment.                                               1 15 U.S.C. 78s(b)(1).                             Exchange’s Rules.
                                                   11 15 U.S.C. 78s(b)(2).                                 2 15 U.S.C. 78a.                                     7 See Securities Exchange Act Release No. 80283,
                                                   12 Id.                                                  3 17 CFR 240.19b–4.                                supra note 4.



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                                                                               Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices                                                    24765

                                                desirable to rebrand the Options Market                 Floor’’ to ‘‘NYSE American Options                    to ‘‘Amex’’ with ‘‘American’’ found in
                                                from ‘‘NYSE Amex Options’’ to ‘‘NYSE                    Trading Floor’’. To implement the                     the title, headings, and product names
                                                American Options.’’ 8                                   change, it proposes to replace ‘‘Amex’’               throughout the Options Market Data
                                                   The proposed rule changes would                      with ‘‘American’’ in Rule 6A—Equities                 Fees.
                                                become operative upon the effectiveness                 (‘Trading Floor’) and Rule 36—Equities                  The Exchange also proposes to clean
                                                of the NYSE MKT name change to NYSE                     (Communications between Exchange                      up obsolete references to the Exchange’s
                                                American, which is expected to be no                    and Members’ Offices), Supplementary                  former name, Amex, as follows:
                                                later than July 30, 2017.                               Material .21, .23, and .70.                             • When the Exchange’s name was
                                                   The Exchange notes that the name                        • In Rule 70—Equities (Execution of                changed from NYSE Amex LLC to NYSE
                                                change originally was expected to                       Floor Broker Interest), Supplementary                 MKT LLC, it changed its rule naming
                                                become effective no later than June 30,                 Material .40, the Exchange proposes to                convention by replacing ‘‘—NYSE Amex
                                                2017.9 Because the Exchange now                         replace ‘‘Amex’’ with ‘‘American’’ in the             Equities’’ with ‘‘—Equities’’.12 However,
                                                anticipates that the name change will                   term ‘‘NYSE Amex option.’’                            Rule 5210—Equities (Publication of
                                                become effective at a subsequent date,                     • In Rule 900.2NY (Definitions), the               Transactions and Quotations),
                                                not only the proposed rule changes,                     Exchange proposes to amend ‘‘NYSE                     Supplementary Material .01, retains
                                                discussed below, but also the rule                      Amex Options’’ to the term ‘‘NYSE                     cross references using the old naming
                                                changes filed on March 16, 2017 10 in                   American Options’’ and ‘‘Amex Trading                 convention. The Exchange accordingly
                                                connection with the name change to                      Permit’’ to the term ‘‘American Trading               proposes to update such references to
                                                NYSE American, would become                             Permit’’. To implement the change, the                ‘‘—NYSE Amex Equities’’ rules to ‘‘—
                                                operative upon the effectiveness of the                 Exchange proposes to replace ‘‘Amex’’                 Equities’’ rules.
                                                NYSE MKT name change to NYSE                            with ‘‘American’’ throughout the rule.                  • In Sec.137 (Depository Eligibility)
                                                American, which is expected to be no                       • In Rule 902NY (Admission and                     of the Company Guide, the Exchange
                                                later than July 30, 2017. The Exchange                  Conduct on the Options Trading Floor),                proposes to replace ‘‘Amex Rule 777’’
                                                will announce via Trader Notice the                     the Exchange proposes to replace                      with ‘‘Rule 777.’’
                                                effective date of the name change.                      ‘‘Amex’’ with ‘‘American’’ in the terms                 None of the foregoing changes are
                                                                                                        ‘‘Officer of NYSE Amex Options’’,                     substantive.13
                                                Proposed Changes
                                                                                                        ‘‘NYSE Amex Options automated                         2. Statutory Basis
                                                   In connection with the rebranding of                 trading system’’, and ‘‘Reserve Floor
                                                the Options Market, the Exchange                                                                                 The Exchange believes that the
                                                                                                        Market Maker Amex Trading Permit.’’
                                                                                                                                                              proposed rule change is consistent with
                                                proposes to amend the rules as                             • In Rule 1000—AEMI (Portfolio
                                                described below:                                                                                              Section 6(b) of the Exchange Act 14 in
                                                                                                        Depository Receipts), Commentary .03
                                                   • The Exchange proposes to change                                                                          general, and with Section 6(b)(1) 15 in
                                                                                                        and .06, and Rule 1000A–AEMI (Index
                                                the name of its trading permit from                                                                           particular, in that it enables the
                                                                                                        Fund Shares), Commentary .02 and .05,
                                                ‘‘Amex Trading Permit’’ to ‘‘American                                                                         Exchange to be so organized as to have
                                                                                                        the Exchange proposes to delete
                                                Trading Permit.’’ Consistent with that                                                                        the capacity to be able to carry out the
                                                                                                        ‘‘Amex’’ from the term ‘‘Amex Company
                                                change, it proposes to change the terms                                                                       purposes of the Exchange Act and to
                                                                                                        Guide’’, consistent with the definition of
                                                ‘‘Amex Trading Permits’’ and ‘‘Amex                                                                           comply, and to enforce compliance by
                                                                                                        ‘‘Company Guide’’ in the Exchange’s
                                                Trading Permit Holder’’ to ‘‘American                                                                         its exchange members and persons
                                                                                                        rules.11
                                                Trading Permits’’ and ‘‘American                                                                              associated with its exchange members,
                                                                                                           In addition, the Exchange proposes to
                                                Trading Permit Holder,’’ respectively.                                                                        with the provisions of the Exchange Act,
                                                                                                        amend the following documents as
                                                To implement the change, it proposes to                                                                       the rules and regulations thereunder,
                                                                                                        described below:
                                                replace ‘‘Amex’’ with ‘‘American’’ in                      • Fee Schedule: The Exchange                       and the rules of the Exchange.
                                                                                                                                                                 The proposed rule change is a non-
                                                Rule 350 (Ownership Requirements);                      proposes to replace ‘‘Amex’’ with
                                                                                                                                                              substantive change and does not impact
                                                Rule 353 (Amex Trading Permit                           ‘‘American’’ in the references to ‘‘NYSE
                                                                                                                                                              the governance or ownership of the
                                                Requirements); Rule 353A (Revocable                     Amex Options’’ in the title and
                                                                                                                                                              Exchange. The Exchange believes that
                                                Privilege; Termination of an Amex                       throughout the Fee Schedule. The                      the proposed rule change would enable
                                                Trading Permit); Rule 358 (Processing                   Exchange also proposes to replace                     the Exchange to continue to be so
                                                Fees and Other Charges Associated with                  ‘‘Amex’’ with ‘‘American’’ in the terms               organized as to have the capacity to
                                                Amex Trading Permit); Rule 358A                         ‘‘NYSE Amex Options Market Maker’’,                   carry out the purposes of the Exchange
                                                (Special Charge and Charge Upon                         ‘‘NYSE Amex’’, ‘‘NYSE Amex Options                    Act and comply and enforce compliance
                                                Options Transactions); Rule 359                         Floor Market Maker’’, ‘‘NYSE Amex                     with the provisions of the Exchange Act
                                                (Application and Termination Forms);                    Options Market Making firm’’ and                      by its members and persons associated
                                                Rule 359B (Limited Transferability);                    ‘‘Amex Customer Engagement (‘‘ACE’’)                  with its members, because ensuring that
                                                and, where applicable, in the respective                Program.’’ Additionally, the Exchange                 the Exchange’s rules, Price List, Fee
                                                title of the aforementioned rules.                      proposes to make a technical correction               Schedule, and Options Market Data Fees
                                                   • The Exchange proposes to change                    to the term ‘‘NYSE Amex Market                        accurately reflect the name of the
                                                the term ‘‘NYSE Amex Options Trading                    Maker’’ by adding the missing word                    Options Market would contribute to the
                                                                                                        ‘‘Options’’ and updating such reference               orderly operation of the Exchange by
                                                   8 NYSE Amex Options LLC, a Delaware limited
                                                                                                        to ‘‘NYSE American Options Market
                                                liability company, operates the Options Market. See
                                                Securities Exchange Act Release No. 64742 (June
                                                                                                        Maker.’’                                                 12 See Securities Exchange Act Release No. 67037

                                                24, 2011), 76 FR 38436 (June 30, 2011) (SR–                • Price List: Under ‘‘Co-Location                  (May 21, 2012), 77 FR 31415 (May 25, 2012) (SR–
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                                                NYSEAmex–2011–18), at 38436. The Exchange               Fees,’’ the Exchange proposes to replace              NYSEAmex–2012–32), at 31416. For example, Rule
                                                proposes to rebrand the name of the Options             ‘‘Amex’’ with ‘‘American’’ in the term                0—NYSE Amex Equities became Rule 0—Equities.
                                                Market, but does not propose to change the name         ‘‘NYSE Amex Options.’’
                                                                                                                                                                 13 The Exchange will submit subsequent rule

                                                of NYSE Amex Options LLC.                                                                                     filings as necessary to make any technical
                                                   9 See Securities Exchange Act Release No. 80283,
                                                                                                           • Options Market Data Fees: The                    corrections to proposed rule changes that are
                                                supra note 4, at 15246.                                 Exchange proposes to replace references               pending as of the date of submission of this filing
                                                   10 See Securities Exchange Act Release No. 80283                                                           and approved by the Commission thereafter.
                                                                                                                                                                 14 15 U.S.C. 78f(b).
                                                (March 21, 2017), 82 FR 15244 (March 27, 2017)            11 See Definition 37 (‘‘Company Guide’’) in the

                                                (SR–NYSEMKT–2017–14).                                   General and Floor Rules.                                 15 15 U.S.C. 78f(b)(1).




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                                                24766                             Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices

                                                adding clarity and transparency to such                    C. Self-Regulatory Organization’s                      amendments, all written statements
                                                documents and rules.                                       Statement on Comments on the                           with respect to the proposed rule
                                                   For similar reasons, the Exchange also                  Proposed Rule Change Received From                     change that are filed with the
                                                believes that the proposed rule change                     Members, Participants, or Others                       Commission, and all written
                                                is consistent with Section 6(b)(5) of the                    No written comments were solicited                   communications relating to the
                                                                                                           or received with respect to the proposed               proposed rule change between the
                                                Act,16 in that it is designed to prevent
                                                                                                           rule change.                                           Commission and any person, other than
                                                fraudulent and manipulative acts and
                                                                                                                                                                  those that may be withheld from the
                                                practices, to promote just and equitable                   III. Date of Effectiveness of the                      public in accordance with the
                                                principles of trade, to foster cooperation                 Proposed Rule Change and Timing for                    provisions of 5 U.S.C. 552, will be
                                                and coordination with persons engaged                      Commission Action                                      available for Web site viewing and
                                                in facilitating transactions in securities,                   The proposed rule change has become                 printing in the Commission’s Public
                                                to remove impediments to and perfect                       effective pursuant to Section 19(b)(3)(A)              Reference Room, 100 F Street NE.,
                                                the mechanism of a free and open                           of the Act 17 and Rule 19b–4(f)(3) 18                  Washington, DC 20549, on official
                                                market and a national market system                        thereunder in that the proposed rule                   business days between the hours of
                                                and, in general, to protect investors and                  change is concerned solely with the                    10:00 a.m. and 3:00 p.m. Copies of the
                                                the public interest.                                       administration of the Exchange.                        filing also will be available for
                                                   The Exchange believes that the                             At any time within 60 days of the                   inspection and copying at the principal
                                                proposed rule change would remove                          filing of the proposed rule change, the                office of the Exchange. All comments
                                                impediments to and perfect the                             Commission summarily may suspend                       received will be posted without change;
                                                mechanism of a free and open market                        such rule change if it appears to the                  the Commission does not edit personal
                                                and a national market system by                            Commission that such action is                         identifying information from
                                                ensuring that market participants can                      necessary or appropriate in the public                 submissions. You should submit only
                                                                                                           interest, for the protection of investors,             information that you wish to make
                                                more easily navigate, understand and
                                                                                                           or otherwise in furtherance of the                     available publicly. All submissions
                                                comply with the Exchange’s rules, Price
                                                                                                           purposes of the Act. If the Commission                 should refer to File Number SR–
                                                List, Fee Schedule, and Options Market
                                                                                                           takes such action, the Commission shall                NYSEMKT–2017–20 and should be
                                                Data Fees. The Exchange believes that,                     institute proceedings under Section                    submitted on or before June 20, 2017.
                                                by ensuring that such documents and                        19(b)(2)(B) 19 of the Act to determine
                                                rulebook accurately reflect the name of                                                                             For the Commission, by the Division of
                                                                                                           whether the proposed rule change                       Trading and Markets, pursuant to delegated
                                                the Options Market, which aligns with                      should be approved or disapproved.                     authority.20
                                                the name of the Exchange, the proposed
                                                                                                           IV. Solicitation of Comments                           Eduardo A. Aleman,
                                                rule change would reduce potential
                                                                                                                                                                  Assistant Secretary.
                                                investor or market participant                               Interested persons are invited to
                                                                                                                                                                  [FR Doc. 2017–10983 Filed 5–26–17; 8:45 am]
                                                confusion.                                                 submit written data, views and
                                                                                                                                                                  BILLING CODE 8011–01–P
                                                   The Exchange believes that                              arguments concerning the foregoing,
                                                eliminating obsolete references to the                     including whether the proposed rule
                                                Exchange’s previous name would not be                      change is consistent with the Act.
                                                                                                           Comments may be submitted by any of                    SMALL BUSINESS ADMINISTRATION
                                                inconsistent with the public interest and
                                                                                                           the following methods:
                                                the protection of investors because                                                                               [Disaster Declaration #15132 and #15133]
                                                investors will not be harmed and in fact                   Electronic Comments
                                                would benefit from increased                                 • Use the Commission’s Internet                      Oklahoma Disaster #OK–00113
                                                transparency, thereby reducing potential                   comment form (http://www.sec.gov/                      AGENCY: U.S. Small Business
                                                confusion. Removing such obsolete                          rules/sro.shtml); or                                   Administration.
                                                references will also further the goal of                     • Send an email to rule-comments@                    ACTION: Notice.
                                                transparency and add clarity to the                        sec.gov. Please include File Number SR–
                                                Exchange’s rules and Company Guide.                        NYSEMKT–2017–20 on the subject line.                   SUMMARY:   This is a notice of an
                                                                                                           Paper Comments                                         Administrative declaration of a disaster
                                                B. Self-Regulatory Organization’s
                                                                                                                                                                  for the State of OKLAHOMA dated
                                                Statement on Burden on Competition                            • Send paper comments in triplicate                 05/22/2017.
                                                                                                           to Secretary, Securities and Exchange                    Incident: Flooding, Straight-line
                                                  The Exchange does not believe that                       Commission, 100 F Street NE.,
                                                the proposed rule change will impose                                                                              Winds, Tornadoes, Severe Storms and
                                                                                                           Washington, DC 20549–1090.                             Snow.
                                                any burden on competition that is not                      All submissions should refer to File
                                                necessary or appropriate in furtherance                                                                             Incident Period: 04/28/2017 through
                                                                                                           Number SR–NYSEMKT–2017–20. This                        05/02/2017.
                                                of the purposes of the Act. The                            file number should be included on the
                                                proposed rule change is not intended to                                                                           DATES: Effective Date: 05/22/2017.
                                                                                                           subject line if email is used. To help the
                                                address competitive issues but rather is                                                                            Physical Loan Application Deadline
                                                                                                           Commission process and review your
                                                concerned solely with updating the                                                                                Date: 07/21/2017.
                                                                                                           comments more efficiently, please use
                                                Exchange’s rules, Company Guide, Price                                                                              Economic Injury (EIDL) Loan
                                                                                                           only one method. The Commission will
                                                                                                                                                                  Application Deadline Date: 02/22/2018.
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                                                List, Fee Schedule, and Options Market                     post all comments on the Commission’s
                                                Data Fees to reflect the new name of the                   Internet Web site (http://www.sec.gov/                 ADDRESSES: Submit completed loan
                                                Exchange and the subsequent related                        rules/sro.shtml). Copies of the                        applications to: U.S. Small Business
                                                rebranding of its options business.                        submission, all subsequent                             Administration, Processing and
                                                                                                                                                                  Disbursement Center, 14925 Kingsport
                                                                                                            17 15 U.S.C. 78s(b)(3)(A).                            Road, Fort Worth, TX 76155.
                                                                                                            18 17 CFR 240.19b–4(f)(3).
                                                  16 15   U.S.C. 78f(b)(5).                                 19 15 U.S.C. 78s(b)(2)(B).                              20 17   CFR 200.30–3(a)(12).



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Document Created: 2018-11-08 08:55:18
Document Modified: 2018-11-08 08:55:18
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 24764 

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