82 FR 37969 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Change in Connection With Its Recent Name Change From NYSE MKT LLC to NYSE American LLC and the Related Rebranding of NYSE Amex Options to NYSE American Options

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 155 (August 14, 2017)

[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37969-37971]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17042]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81337; File No. SR-NYSEAMER-2017-02]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Change in Connection 
With Its Recent Name Change From NYSE MKT LLC to NYSE American LLC and 
the Related Rebranding of NYSE Amex Options to NYSE American Options

DATES: August 8, 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 27, 2017, NYSE American LLC (the ``Exchange'' or 
``NYSE American'') 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 its recent name change 
from NYSE MKT LLC (``NYSE MKT'') to NYSE American and the related 
rebranding of NYSE Amex Options to NYSE American Options, to make 
technical and conforming changes to the rules of the Exchange 
(``Rules'') and the NYSE American Options Fee Schedule (``Fee 
Schedule''). 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes, in connection with its name change from NYSE 
MKT to NYSE American and the related rebranding of NYSE Amex Options to 
NYSE American Options, to make technical and conforming changes the 
Rules and Fee Schedule.\4\
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    \4\ The Exchange originally filed the proposed changes on July 
21, 2017 (SR-NYSEMKT-2017-47) and withdrew such filing on July 27, 
2017.
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Background
    On March 16, 2017, the Exchange filed rule changes with the 
Commission in connection with its name change to NYSE American.\5\ In 
addition, on May 19, 2017, the Exchange filed rule changes with the 
Commission associated with the rebranding of NYSE Amex Options, the 
Exchange's facility for trading options, to NYSE American Options.\6\ 
In those filings, the Exchange committed to submitting subsequent rule 
filings as necessary to make any technical and conforming changes to 
proposed rule changes that were pending as of the time of those filings 
or that occurred after such filings but before the operative date of 
the name

[[Page 37970]]

change.\7\ The Exchange's name change became operative on July 24, 
2017. Accordingly, the Exchange now proposes to make technical and 
conforming changes to its Rules and Fee Schedule to reflect the name 
change to NYSE American and rebrand from NYSE Amex Options to NYSE 
American Options, as detailed below.
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    \5\ See Securities Exchange Act Release No.80283 (March 21, 
2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14).
    \6\ See Securities Exchange Act Release No. 80748 (May 23, 
2017), 82 FR 24764 (May 30, 2017) (SR-NYSEMKT 2017-20).
    \7\ See supra note 5 at 15246 and note 6 at 24765.
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Proposed Changes
     In Rule 36--Equities, Supplementary Materials .21, .23, 
and .70 (Communications Between Exchange and Members' Offices), the 
Exchange proposes to change references to ``NYSE Amex Options Trading 
Floor'' to ``NYSE American Options Trading Floor.''
     In the Fee Schedule, under Section I. Options Transaction 
Fees and Credits, subpart M.BOLD Mechanism Fees & Credits, the Exchange 
proposes to change the reference to ``NYSE Amex Options Market Makers'' 
to ``NYSE American Options Market Makers''.
    None of the foregoing changes are substantive.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Exchange Act \8\ in general, and with Section 
6(b)(1) \9\ in particular, in that it enables the Exchange to be so 
organized as to have the capacity to be able to carry out the purposes 
of the Exchange Act and to comply, and to enforce compliance by its 
exchange members and persons associated with its exchange members, with 
the provisions of the Exchange Act, the rules and regulations 
thereunder, and the rules of the Exchange.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(1).
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    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 Rules and Fee Schedule 
accurately reflect the name of the Exchange and its facility for 
trading options would contribute to the orderly operation of the 
Exchange by 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,\10\ 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.
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    \10\ 15 U.S.C. 78f(b)(5).
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    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 Rules and Fee Schedule. 
The Exchange believes that, by ensuring that the Rules and Fee Schedule 
accurately reflect the name of the Exchange and its options market the 
proposed rule change would reduce potential investor or market 
participant confusion.

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 Rules and Fee Schedule to reflect its name 
change from NYSE MKT to NYSE American and the related rebranding of 
NYSE Amex Options to NYSE American Options.

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 \11\ and Rule 19b-4(f)(3) \12\ thereunder. 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 under Section 
19(b)(2)(B) \13\ of the Act to determine whether the proposed rule 
change should be approved or disapproved.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(3).
    \13\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEAMER-2017-02 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2017-02. 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

[[Page 37971]]

available publicly. All submissions should refer to File Number SR-
NYSEAMER-2017-02 and should be submitted on or before September 5, 
2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-17042 Filed 8-11-17; 8:45 am]
 BILLING CODE 8011-01-P