82_FR_37779 82 FR 37625 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change in Connection With the September 5, 2017 Compliance Date for the Shortening of the Standard Settlement Cycle From Three Business Days After the Trade Date to Two Business Days After the Trade Date

82 FR 37625 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change in Connection With the September 5, 2017 Compliance Date for the Shortening of the Standard Settlement Cycle From Three Business Days After the Trade Date to Two Business Days After the Trade Date

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 154 (August 11, 2017)

Page Range37625-37626
FR Document2017-16928

Federal Register, Volume 82 Issue 154 (Friday, August 11, 2017)
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Pages 37625-37626]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16928]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81325; File No. SR-NYSEARCA-2017-82]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change in Connection With 
the September 5, 2017 Compliance Date for the Shortening of the 
Standard Settlement Cycle From Three Business Days After the Trade Date 
to Two Business Days After the Trade Date

August 7, 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 July 26, 2017, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes in connection with the September 5, 2017, 
compliance date for the shortening of the standard settlement cycle 
from three business days after the trade date (``T+3'') to two business 
days after the trade date (``T+2''), to (1) delete NYSE Arca Equities 
Rule 7.4 (Ex-Dividend or Ex-Right Dates); (2) delete the preamble and 
``T'' modifier from NYSE Arca Equities Rule 7.4T (``Rule 7.4T''); and 
(3) establish the operative date of Rule 7.4T. The proposed rule change 
is available on the Exchange's Web site at www.nyse.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In connection with the September 5, 2017, compliance date for 
shortening of the standard settlement cycle from T+3 to T+2, the 
Exchange proposes to (1) delete NYSE Arca Equities Rule 7.4 (``Rule 
7.4''); (2) delete the preamble and ``T'' modifier from Rule 7.4T; and 
(3) establish the operative date of Rule 7.4T as September 5, 2017.
Background
    On September 28, 2016, the Securities and Exchange Commission 
(``SEC'') proposed amendments to Rule 15c6-1(a) to shorten the standard 
settlement cycle from T+3 to T+2.\4\ Following this action by the SEC, 
the Exchange adopted a new Rule 7.4 with the modifier ``T'' to reflect 
a T+2 settlement cycle.\5\ Because the Exchange would not implement 
Rule 7.4T until after the final implementation of T+2, the Exchange 
retained the version of Rule 7.4 reflecting T+3 settlement on its 
books. In order to reduce the potential for confusion regarding which 
version of the rule governs, the Exchange added explanatory preambles 
to Rule 7.4 and Rule 7.4T.
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    \4\ See Securities Exchange Act Release No. 78962 (September 28, 
2016), 81 FR 69240 (October 5, 2016) (File No. S7-22-16).
    \5\ See Securities Exchange Act Release No. 79732 (January 4, 
2017), 82 FR 3042 (January 10, 2017) (SR-NYSEArca-2016-145).
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    In particular, the following preamble was added to Rule 7.4:

    This version of Rule 7.4 will remain operative until the 
Exchange files separate proposed rule changes as necessary to 
establish the operative date of ``Rule 7.4T. Ex-Dividend or Ex-Right 
Dates,'' to delete this version of Rule 7.4 and preamble, and to 
remove the preamble text from the version of Rule 7.4T. In addition 
to filing the necessary proposed rule changes, the Exchange will 
announce via Information Memo the operative date of the deletion of 
this Rule and implementation of ``Rule 7.4T. Ex-Dividend or Ex-Right 
Dates.''

    The following preamble was added to Rule 7.4T:

    The Exchange will file separate proposed rule changes to 
establish the operative date of Rule 7.4T, to delete ``Rule 7.4. Ex-
Dividend or Ex-Right Dates'' and the preamble text from Rule 7.4, 
and to remove the preamble text from the version of Rule 7.4T. Until 
such time, ``Rule 7.4. Ex-Dividend or Ex-Right Dates'' will remain 
operative. In addition to filing the necessary proposed rule 
changes, the Exchange will announce via Information Memo the 
implementation of this Rule and the operative date of the deletion 
of ``Rule 7.4. Ex-Dividend or Ex-Right Dates.''

    On March 22, 2017, the SEC adopted the proposed amendment to Rule 
15c6-1(a) under the Act \6\ with a compliance date of September 5, 
2017.\7\
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    \6\ See 17 CFR 240.15c6-1(a).
    \7\ See Securities Exchange Act Release No. 80295 (March 22, 
2017), 82 FR 15564 (March 29, 2017) (File No. S7-22-16).
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Proposed Rule Change
    In order to comply with the September 5, 2017, transition to T+2 
settlement, the Exchange proposes to:
     Delete Rule 7.4, including the preamble, in its entirety;
     delete the preamble to Rule 7.4T; and
     delete the ``T'' modifier in Rule 7.4T, which 
distinguished it from Rule 7.4.
    The Exchange proposes that the changes described herein would take 
effect on September 5, 2017, to coincide with the transition to T+2. 
The Exchange will announce via Information Memo the implementation of 
Rule 7.4T and the operative date of the deletion of Rule 7.4.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\8\ in general, and further the objectives 
of Section 6(b)(5) of the Act,\9\ in particular, because it is designed 
to prevent fraudulent and manipulative acts and practices, promote just 
and equitable principles of trade, remove impediments to and perfect 
the mechanism of a free and open market and a national market system, 
and, in general, to protect investors and the public interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes that the proposed changes 
remove impediments to and perfect the mechanism of a free and open 
market by

[[Page 37626]]

adding clarity as to which rules are operative and when, thereby 
reducing potential confusion, and making the Exchange's rules easier to 
navigate. The Exchange also believes that eliminating obsolete material 
from its rulebook also removes impediments to and perfects the 
mechanism of a free and open market by removing confusion that may 
result from having obsolete material in the Exchange's rulebook. The 
Exchange believes that eliminating such obsolete material 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.

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

    The Exchange does not believe that the proposed rule change would 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue but rather facilitate the 
industry's transition to a T+2 regular-way settlement cycle. The 
Exchange also believes that the proposed rule change will serve to 
promote clarity and consistency, thereby reducing burdens on the 
marketplace and facilitating investor protection.

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

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

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of its 
intent to file the proposed rule change, along with a brief 
description and text of the proposed rule change, at least five 
business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEARCA-2017-82 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEARCA-2017-82. 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-NYSEARCA-2017-82 and should 
be submitted on or before September 1, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16928 Filed 8-10-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices                                                 37625

                                                    submitted on or before September 1,                     II. Self-Regulatory Organization’s                    announce via Information Memo the
                                                    2017.                                                   Statement of the Purpose of, and                      operative date of the deletion of this Rule and
                                                                                                            Statutory Basis for, the Proposed Rule                implementation of ‘‘Rule 7.4T. Ex-Dividend
                                                      For the Commission, by the Division of                                                                      or Ex-Right Dates.’’
                                                    Trading and Markets, pursuant to delegated              Change
                                                    authority.30                                              In its filing with the Commission, the                The following preamble was added to
                                                    Eduardo A. Aleman,                                      self-regulatory organization included                 Rule 7.4T:
                                                    Assistant Secretary.                                    statements concerning the purpose of,                   The Exchange will file separate proposed
                                                    [FR Doc. 2017–16927 Filed 8–10–17; 8:45 am]             and basis for, the proposed rule change               rule changes to establish the operative date
                                                                                                            and discussed any comments it received                of Rule 7.4T, to delete ‘‘Rule 7.4. Ex-
                                                    BILLING CODE 8011–01–P
                                                                                                                                                                  Dividend or Ex-Right Dates’’ and the
                                                                                                            on the proposed rule change. The text
                                                                                                                                                                  preamble text from Rule 7.4, and to remove
                                                                                                            of those statements may be examined at                the preamble text from the version of Rule
                                                    SECURITIES AND EXCHANGE                                 the places specified in Item IV below.                7.4T. Until such time, ‘‘Rule 7.4. Ex-Dividend
                                                    COMMISSION                                              The Exchange has prepared summaries,                  or Ex-Right Dates’’ will remain operative. In
                                                                                                            set forth in sections A, B, and C below,              addition to filing the necessary proposed rule
                                                    [Release No. 34–81325; File No. SR–                     of the most significant parts of such                 changes, the Exchange will announce via
                                                    NYSEARCA–2017–82]                                       statements.                                           Information Memo the implementation of
                                                                                                                                                                  this Rule and the operative date of the
                                                    Self-Regulatory Organizations; NYSE                     A. Self-Regulatory Organization’s                     deletion of ‘‘Rule 7.4. Ex-Dividend or Ex-
                                                    Arca, Inc.; Notice of Filing and                        Statement of the Purpose of, and the                  Right Dates.’’
                                                    Immediate Effectiveness of Proposed                     Statutory Basis for, the Proposed Rule                  On March 22, 2017, the SEC adopted
                                                    Rule Change in Connection With the                      Change                                                the proposed amendment to Rule 15c6–
                                                    September 5, 2017 Compliance Date                       1. Purpose                                            1(a) under the Act 6 with a compliance
                                                    for the Shortening of the Standard                                                                            date of September 5, 2017.7
                                                                                                               In connection with the September 5,
                                                    Settlement Cycle From Three Business
                                                                                                            2017, compliance date for shortening of               Proposed Rule Change
                                                    Days After the Trade Date to Two
                                                                                                            the standard settlement cycle from T+3                   In order to comply with the
                                                    Business Days After the Trade Date
                                                                                                            to T+2, the Exchange proposes to (1)                  September 5, 2017, transition to T+2
                                                    August 7, 2017.                                         delete NYSE Arca Equities Rule 7.4                    settlement, the Exchange proposes to:
                                                       Pursuant to Section 19(b)(1) 1 of the                (‘‘Rule 7.4’’); (2) delete the preamble and              • Delete Rule 7.4, including the
                                                    Securities Exchange Act of 1934 (the                    ‘‘T’’ modifier from Rule 7.4T; and (3)                preamble, in its entirety;
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  establish the operative date of Rule 7.4T                • delete the preamble to Rule 7.4T;
                                                    notice is hereby given that, on July 26,                as September 5, 2017.                                 and
                                                    2017, NYSE Arca, Inc. (the ‘‘Exchange’’                 Background                                               • delete the ‘‘T’’ modifier in Rule
                                                    or ‘‘NYSE Arca’’) filed with the                                                                              7.4T, which distinguished it from Rule
                                                                                                              On September 28, 2016, the Securities               7.4.
                                                    Securities and Exchange Commission
                                                                                                            and Exchange Commission (‘‘SEC’’)                        The Exchange proposes that the
                                                    (the ‘‘Commission’’) the proposed rule
                                                                                                            proposed amendments to Rule 15c6–                     changes described herein would take
                                                    change as described in Items I and II
                                                                                                            1(a) to shorten the standard settlement               effect on September 5, 2017, to coincide
                                                    below, which Items have been prepared
                                                                                                            cycle from T+3 to T+2.4 Following this                with the transition to T+2. The
                                                    by the self-regulatory organization. The
                                                                                                            action by the SEC, the Exchange                       Exchange will announce via Information
                                                    Commission is publishing this notice to
                                                                                                            adopted a new Rule 7.4 with the                       Memo the implementation of Rule 7.4T
                                                    solicit comments on the proposed rule
                                                                                                            modifier ‘‘T’’ to reflect a T+2 settlement            and the operative date of the deletion of
                                                    change from interested persons.
                                                                                                            cycle.5 Because the Exchange would not                Rule 7.4.
                                                    I. Self-Regulatory Organization’s                       implement Rule 7.4T until after the final
                                                    Statement of the Terms of Substance of                  implementation of T+2, the Exchange                   2. Statutory Basis
                                                    the Proposed Rule Change                                retained the version of Rule 7.4                         The Exchange believes that the
                                                                                                            reflecting T+3 settlement on its books.               proposed rule change is consistent with
                                                       The Exchange proposes in connection                  In order to reduce the potential for
                                                    with the September 5, 2017, compliance                                                                        Section 6(b) of the Act,8 in general, and
                                                                                                            confusion regarding which version of                  further the objectives of Section 6(b)(5)
                                                    date for the shortening of the standard                 the rule governs, the Exchange added
                                                    settlement cycle from three business                                                                          of the Act,9 in particular, because it is
                                                                                                            explanatory preambles to Rule 7.4 and                 designed to prevent fraudulent and
                                                    days after the trade date (‘‘T+3’’) to two              Rule 7.4T.
                                                    business days after the trade date                                                                            manipulative acts and practices,
                                                                                                              In particular, the following preamble               promote just and equitable principles of
                                                    (‘‘T+2’’), to (1) delete NYSE Arca                      was added to Rule 7.4:
                                                    Equities Rule 7.4 (Ex-Dividend or Ex-                                                                         trade, remove impediments to and
                                                    Right Dates); (2) delete the preamble and                 This version of Rule 7.4 will remain                perfect the mechanism of a free and
                                                    ‘‘T’’ modifier from NYSE Arca Equities
                                                                                                            operative until the Exchange files separate           open market and a national market
                                                                                                            proposed rule changes as necessary to                 system, and, in general, to protect
                                                    Rule 7.4T (‘‘Rule 7.4T’’); and (3)                      establish the operative date of ‘‘Rule 7.4T.
                                                    establish the operative date of Rule                                                                          investors and the public interest.
                                                                                                            Ex-Dividend or Ex-Right Dates,’’ to delete               In particular, the Exchange believes
                                                    7.4T. The proposed rule change is                       this version of Rule 7.4 and preamble, and to
                                                                                                                                                                  that the proposed changes remove
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    available on the Exchange’s Web site at                 remove the preamble text from the version of
                                                    www.nyse.com, at the principal office of                Rule 7.4T. In addition to filing the necessary        impediments to and perfect the
                                                    the Exchange, and at the Commission’s                   proposed rule changes, the Exchange will              mechanism of a free and open market by
                                                    Public Reference Room.                                                                                          6 See
                                                                                                               4 See Securities Exchange Act Release No. 78962            17 CFR 240.15c6–1(a).
                                                                                                                                                                    7 See Securities Exchange Act Release No. 80295
                                                                                                            (September 28, 2016), 81 FR 69240 (October 5,
                                                      30 17 CFR 200.30–3(a)(12).                            2016) (File No. S7–22–16).                            (March 22, 2017), 82 FR 15564 (March 29, 2017)
                                                      1 15 U.S.C. 78s(b)(1).                                   5 See Securities Exchange Act Release No. 79732    (File No. S7–22–16).
                                                      2 15 U.S.C. 78a.                                                                                              8 15 U.S.C. 78f(b).
                                                                                                            (January 4, 2017), 82 FR 3042 (January 10, 2017)
                                                      3 17 CFR 240.19b–4.                                   (SR–NYSEArca–2016–145).                                 9 15 U.S.C. 78f(b)(5).




                                               VerDate Sep<11>2014   17:18 Aug 10, 2017   Jkt 241001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\11AUN1.SGM    11AUN1


                                                    37626                         Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices

                                                    adding clarity as to which rules are                       At any time within 60 days of the                  the Commission does not edit personal
                                                    operative and when, thereby reducing                    filing of the proposed rule change, the               identifying information from
                                                    potential confusion, and making the                     Commission summarily may                              submissions. You should submit only
                                                    Exchange’s rules easier to navigate. The                temporarily suspend such rule change if               information that you wish to make
                                                    Exchange also believes that eliminating                 it appears to the Commission that such                available publicly. All submissions
                                                    obsolete material from its rulebook also                action is necessary or appropriate in the             should refer to File Number SR–
                                                    removes impediments to and perfects                     public interest, for the protection of                NYSEARCA–2017–82 and should be
                                                    the mechanism of a free and open                        investors, or otherwise in furtherance of             submitted on or before September 1,
                                                    market by removing confusion that may                   the purposes of the Act. If the                       2017.
                                                    result from having obsolete material in                 Commission takes such action, the                       For the Commission, by the Division of
                                                    the Exchange’s rulebook. The Exchange                   Commission shall institute proceedings                Trading and Markets, pursuant to delegated
                                                    believes that eliminating such obsolete                 to determine whether the proposed rule                authority.12
                                                    material would not be inconsistent with                 change should be approved or                          Eduardo A. Aleman,
                                                    the public interest and the protection of               disapproved.                                          Assistant Secretary.
                                                    investors because investors will not be                 IV. Solicitation of Comments                          [FR Doc. 2017–16928 Filed 8–10–17; 8:45 am]
                                                    harmed and in fact would benefit from
                                                    increased transparency, thereby                           Interested persons are invited to                   BILLING CODE 8011–01–P

                                                    reducing potential confusion.                           submit written data, views, and
                                                                                                            arguments concerning the foregoing,
                                                    B. Self-Regulatory Organization’s                       including whether the proposed rule                   SECURITIES AND EXCHANGE
                                                    Statement on Burden on Competition                      change is consistent with the Act.                    COMMISSION
                                                      The Exchange does not believe that                    Comments may be submitted by any of
                                                                                                                                                                  Sunshine Act Meeting
                                                    the proposed rule change would impose                   the following methods:
                                                    any burden on competition that is not                   Electronic Comments                                      Notice is hereby given, pursuant to
                                                    necessary or appropriate in furtherance                                                                       the provisions of the Government in the
                                                                                                               • Use the Commission’s Internet
                                                    of the purposes of the Act. The                                                                               Sunshine Act, Public Law 94–409, that
                                                                                                            comment form (http://www.sec.gov/
                                                    proposed change is not designed to                                                                            the Securities and Exchange
                                                                                                            rules/sro.shtml); or
                                                    address any competitive issue but rather                   • Send an email to rule-comments@                  Commission will hold an Open Meeting
                                                    facilitate the industry’s transition to a               sec.gov. Please include File Number SR–               on Tuesday, August 15, 2017 at 1:00
                                                    T+2 regular-way settlement cycle. The                   NYSEARCA–2017–82 on the subject                       p.m., in the Auditorium (L–002) at the
                                                    Exchange also believes that the                         line.                                                 Commission’s headquarters building, to
                                                    proposed rule change will serve to                                                                            hear oral argument in an appeal from an
                                                    promote clarity and consistency,                        Paper Comments                                        initial decision of an administrative law
                                                    thereby reducing burdens on the                            • Send paper comments in triplicate                judge by respondents Frank H.
                                                    marketplace and facilitating investor                   to Brent J. Fields, Secretary, Securities             Chiappone, Andrew G. Guzzetti,
                                                    protection.                                             and Exchange Commission, 100 F Street                 William F. Lex, Thomas E. Livingston,
                                                                                                            NE., Washington, DC 20549–1090.                       Brian T. Mayer, and Philip S.
                                                    C. Self-Regulatory Organization’s
                                                                                                            All submissions should refer to File                  Rabinovich, formerly registered
                                                    Statement on Comments on the
                                                                                                            Number SR–NYSEARCA–2017–82. This                      representatives associated with former
                                                    Proposed Rule Change Received From
                                                                                                            file number should be included on the                 broker-dealer McGinn, Smith & Co., Inc.
                                                    Members, Participants, or Others
                                                                                                            subject line if email is used. To help the               On February 25, 2015, the ALJ found
                                                      No written comments were solicited                    Commission process and review your                    that Chiappone, Lex, Livington, Mayer,
                                                    or received with respect to the proposed                comments more efficiently, please use                 and Rabinovich violated antifraud
                                                    rule change.                                            only one method. The Commission will                  provisions of the federal securities laws
                                                    III. Date of Effectiveness of the                       post all comments on the Commission’s                 by recommending that customers
                                                    Proposed Rule Change and Timing for                     Internet Web site (http://www.sec.gov/                purchase securities without conducting
                                                    Commission Action                                       rules/sro.shtml). Copies of the                       a reasonable investigation into the
                                                                                                            submission, all subsequent                            offerings as well as provisions of the
                                                      Because the foregoing proposed rule                   amendments, all written statements                    securities laws prohibiting unregistered
                                                    change does not: (i) Significantly affect               with respect to the proposed rule                     offers and sales of securities. The ALJ
                                                    the protection of investors or the public               change that are filed with the                        barred or suspended these respondents
                                                    interest; (ii) impose any significant                   Commission, and all written                           from certain associations in the
                                                    burden on competition; and (iii) become                 communications relating to the                        securities industry and ordered them to
                                                    operative for 30 days from the date on                  proposed rule change between the                      pay third-tier civil money penalties, to
                                                    which it was filed, or such shorter time                Commission and any person, other than                 pay disgorgement of commissions
                                                    as the Commission may designate, it has                 those that may be withheld from the                   received for their sales in violation of
                                                    become effective pursuant to Section                    public in accordance with the                         the antifraud provisions plus
                                                    19(b)(3)(A) of the Act 10 and Rule 19b–                 provisions of 5 U.S.C. 552, will be                   prejudgment interest, and to cease and
                                                    4(f)(6) thereunder.11                                   available for Web site viewing and                    desist from further violations of the
                                                                                                                                                                  securities laws. The ALJ found that
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            printing in the Commission’s Public
                                                      10 15  U.S.C. 78s(b)(3)(A).                           Reference Room, 100 F Street NE.,                     Guzzetti failed reasonably to supervise
                                                      11 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                            Washington, DC 20549 on official                      the other respondents, ordered him to
                                                    4(f)(6)(iii) requires the Exchange to give the
                                                    Commission written notice of its intent to file the     business days between the hours of                    pay a third-tier civil money penalty, and
                                                    proposed rule change, along with a brief description    10:00 a.m. and 3:00 p.m. Copies of the                suspended him from association in
                                                    and text of the proposed rule change, at least five     filing also will be available for                     certain capacities in the securities
                                                    business days prior to the date of filing of the                                                              industry.
                                                    proposed rule change, or such shorter time as
                                                                                                            inspection and copying at the principal
                                                    designated by the Commission. The Exchange has          office of the Exchange. All comments
                                                    satisfied this requirement.                             received will be posted without change;                 12 17   CFR 200.30–3(a)(12).



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Document Created: 2018-10-24 11:47:32
Document Modified: 2018-10-24 11:47:32
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 37625 

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