82_FR_40217 82 FR 40055 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Change in Connection With the Name Change of Its Affiliate, From NYSE MKT LLC to NYSE American LLC

82 FR 40055 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Change in Connection With the Name Change of Its Affiliate, From NYSE MKT LLC to NYSE American LLC

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 162 (August 23, 2017)

Page Range40055-40057
FR Document2017-17809

Federal Register, Volume 82 Issue 162 (Wednesday, August 23, 2017) 
[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Notices]
[Pages 40055-40057]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17809]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81420; File No. SR-NYSE-2017-41]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Change in 
Connection With the Name Change of Its Affiliate, From NYSE MKT LLC to 
NYSE American LLC

August 17, 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 August 9, 2017, New York Stock Exchange LLC (``NYSE'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II, below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes in connection with the name change of its 
affiliate, from NYSE MKT LLC to NYSE American LLC, to amend certain 
rules, the Independence Policy of the Board of Directors 
(``Independence Policy''), the New York Stock Exchange Price List 
(``Price List''), and the NYSE Proprietary Market Data Fees (``Market 
Data Fees'') to reflect that name change. 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 the name change of its 
affiliate, from NYSE MKT LLC (``NYSE MKT'') to NYSE American LLC 
(``NYSE American''), to amend certain rules of the Exchange, the 
Independence Policy, Price List, and Market Data Fees to reflect that 
name change.\4\
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    \4\ The Exchange originally filed the proposed changes on July 
21, 2017 (SR-NYSE-2017-37), withdrew such filing on July 27 and 
refiled the same day (SR-NYSE-2017-39). The Exchange subsequently 
withdrew SR-NYSE-2017-39 and refiled on August 2, 2017 (SR-NYSE-
2017-40). SR-NYSE-2017-40 was subsequently withdrawn and replaced by 
this filing.
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Background
    On March 16, 2017, NYSE MKT filed rule changes with the Commission 
in connection with its name change to NYSE American.\5\ In addition, on 
May 19, 2017, NYSE MKT 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\ The NYSE MKT 
name change to NYSE American became operative on July 24, 2017. 
Accordingly, the Exchange proposes to amend the Independence Policy, 
Price List, Market Data Fees, and certain rules to [sic] as detailed 
below to reflect the new name of its affiliate, NYSE American.
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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).
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Proposed Rule Changes
     The Exchange proposes to replace ``NYSE MKT LLC'' with 
``NYSE American LLC'' in Rule 2, Supplementary Material .10 
(``Member'', ``Membership'', ``Member Firm'', etc.); Rule 17(c)(2) (Use 
of Exchange Facilities and Vendor Services); Rule 18, Supplementary 
Material .10(a) (Compensation in Relation to Exchange System Failure); 
Rule 70, Supplementary Material .40(3) (Execution of Floor Broker 
Interest); Rule 98 (c)(6) (Operation of a DMM Unit); Rule 103, 
Supplementary Material .20(b)(6) (Registration and Capital Requirements 
of DMMs and DMM Units); and Rule 103B(IX) (Security Allocation and 
Reallocation).
     The Exchange proposes to replace ``NYSE MKT'' with ``NYSE 
American'' in Rule 2, Supplementary Material .10 and .20; Rule 
17(c)(2); Rule 18, Supplementary Material .10; Rule 36, Supplementary 
Material .70(a)(iii) (Communications Between Exchange and Members' 
Officers); Rule 70, Supplementary Material .40(3); Rule 103, 
Supplementary Material .20(b)(6); and Rule 103B(IX).
     The Exchange proposes to replace ``NYSE Amex Options 
Trading Floor'' with ``NYSE American Options Trading Floor'' in Rule 
6A(b)(``Trading Floor'') and Rule 36, Supplementary Material .23 and 
.70(a).
     The Exchange proposes to replace ``NYSE Amex'' with ``NYSE 
American'' in Rule 36, Supplementary Material .23 and .70(a).
     The Exchange proposes to replace ``NYSE Amex-listed'' with 
``NYSE American-listed'' in Rule 6A.

[[Page 40056]]

     In Rule 70, Supplementary Material .40(3), the Exchange 
proposes to replace ``NYSE Amex option'' with ``NYSE American option.''
     In Rule 300, Supplementary Material .10T (Trading 
Licenses), the Exchange proposes to replace ``NYSE Amex LLC'' and 
``NYSE Amex'' with ``NYSE American LLC'' and ``NYSE American'', 
respectively.
Proposed Changes to Independence Policy, Price List, and Market Data
     Independence Policy: The Exchange proposes to replace 
``NYSE MKT LLC'' with ``NYSE American LLC'' throughout the Independence 
Policy.\7\ Additionally, the Exchange proposes to replace ``[Insert 
name of relevant NYSE U.S. Regulated Subsidiary]'' with ``New York 
Stock Exchange LLC.'' The text being replaced was used in prior filings 
because several entities used the same Independence Policy.\8\
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    \7\ In addition, the Exchange proposes to delete footnote 2 of 
the Independence Policy, which has an obsolete reference to NYSE 
Regulation, Inc. (``NYSE Regulation''). NYSE Regulation and NYSE 
Market (DE), Inc. (``NYSE Market (DE)'') were previously parties to 
a Delegation Agreement whereby the Exchange delegated certain 
regulatory functions to NYSE Regulation and certain market functions 
to NYSE Market (DE). The Delegation Agreement was terminated when 
the Exchange re-integrated its regulatory and market functions. As a 
result, the two entities ceased being regulated subsidiaries, and 
NYSE Regulation was merged out of existence. See Securities Exchange 
Act Release No. 75991 (September 28, 2015), 80 FR 59837.
    \8\ Prior to the termination of the Delegation Agreement, the 
same Independence Policy applied to the Exchange, NYSE MKT LLC, NYSE 
Market (DE), and NYSE Regulation. See Securities Exchange Act 
Release Nos. 72156 (May 13, 2014), 79 FR 28782 (May 19, 2014) (SR-
NYSEMKT-2014-41); 67564 (August 1, 2012), 77 FR 47161 (August 7, 
2012) (SR-NYSE-2012-17; SR-NYSEArca-2012-59; SR-NYSEMKT-2012-07).
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     Price List: The Exchange proposes to replace ``NYSE MKT'' 
with ``NYSE American'' throughout the Price List. Additionally, under 
``Co-Location Fees,'' the Exchange proposes to replace ``NYSE MKT LLC'' 
with ``NYSE American LLC'' in General Note 1. The Exchange also 
proposes to replace ``NYSE Amex Options'' with ``NYSE American 
Options'' in the chart in General Note 4.
     Market Data Fees: In footnote 5, the Exchange proposes to 
replace ``NYSE MKT BBO'' and ``NYSE MKT Trades'' with ``NYSE American 
BBO'' and ``NYSE American Trades,'' respectively, and to replace ``NYSE 
MKT Proprietary Market Data Fees'' with ``NYSE American Proprietary 
Market Data Fees.''
    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,\9\ in general, and with Section 
6(b)(1) \10\ 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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    \9\ 15 U.S.C. 78f(b).
    \10\ 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 Exchange's rules, 
Independence Policy, Price List, and Market Data Fees accurately 
reflect the name change of its affiliate from NYSE MKT to NYSE American 
would contribute to the orderly operation of the Exchange by adding 
clarity and transparency to such rules, Independence Policy, Price 
List, and Market Data Fees.
    For similar reasons, the Exchange also believes that the proposed 
rule change is consistent with Section 6(b)(5) of the Act,\11\ 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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    \11\ 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 Exchange's rules, 
Independence Policy, Price List, and Market Data Fees. The Exchange 
believes that, by ensuring that such documents and rulebook accurately 
reflect the name change of its affiliate from NYSE MKT to NYSE 
American, the proposed rule change would reduce potential investor or 
market participant confusion.
    The Exchange believes that the proposed changes to replace 
``[Insert name of relevant NYSE U.S. Regulated Subsidiary]'' with ``New 
York Stock Exchange LLC'' in the Independence Policy would contribute 
to the orderly operation of the Exchange by adding clarity and 
transparency to such document.
    Further, the Exchange believes that the proposed deletion of 
footnote two of the Independence Policy would remove impediments to, 
and perfect the mechanism of a free and open market and a national 
market system and, in general, protect investors and the public 
interest because the change would eliminate an obsolete reference to 
NYSE Regulation, thereby reducing potential confusion. Market 
participants and investors would not be harmed and in fact could 
benefit from the increased clarity and transparency in the Independence 
Policy, ensuring that market participants could more easily understand 
the Independence Policy.

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, Independence Policy, Price 
List, and Market Data Fees to reflect its affiliates [sic] name change 
from NYSE MKT to NYSE American and 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 \12\ and Rule 19b-4(f)(3) \13\ 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

[[Page 40057]]

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) \14\ of the Act to determine whether the proposed rule 
change should be approved or disapproved.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(3).
    \14\ 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-NYSE-2017-41 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-NYSE-2017-41. 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-NYSE-2017-41 and should be 
submitted on or before September 13, 2017.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-17809 Filed 8-22-17; 8:45 am]
BILLING CODE 8011-01-P

Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Notices 40055 file number should be included on the (‘‘NYSE’’ or the ‘‘Exchange’’) filed with Background subject line if email is used. To help the the Securities and Exchange On March 16, 2017, NYSE MKT filed Commission process and review your Commission (the ‘‘Commission’’) the rule changes with the Commission in comments more efficiently, please use proposed rule change as described in connection with its name change to only one method. The Commission will Items I and II, below, which Items have NYSE American.5 In addition, on May post all comments on the Commission’s been prepared by the self-regulatory 19, 2017, NYSE MKT filed rule changes Internet Web site (http://www.sec.gov/ organization. The Commission is with the Commission associated with rules/sro.shtml). Copies of the publishing this notice to solicit the rebranding of NYSE Amex Options, submission, all subsequent comments on the proposed rule change the Exchange’s facility for trading amendments, all written statements from interested persons. options, to NYSE American Options.6 with respect to the proposed rule I. Self-Regulatory Organization’s The NYSE MKT name change to NYSE change that are filed with the Statement of the Terms of Substance of American became operative on July 24, Commission, and all written the Proposed Rule Change 2017. Accordingly, the Exchange communications relating to the proposes to amend the Independence proposed rule change between the The Exchange proposes in connection Policy, Price List, Market Data Fees, and Commission and any person, other than with the name change of its affiliate, certain rules to [sic] as detailed below those that may be withheld from the from NYSE MKT LLC to NYSE to reflect the new name of its affiliate, public in accordance with the American LLC, to amend certain rules, NYSE American. provisions of 5 U.S.C. 552, will be the Independence Policy of the Board of available for Web site viewing and Directors (‘‘Independence Policy’’), the Proposed Rule Changes printing in the Commission’s Public New York Stock Exchange Price List • The Exchange proposes to replace Reference Room on official business (‘‘Price List’’), and the NYSE Proprietary ‘‘NYSE MKT LLC’’ with ‘‘NYSE days between the hours of 10:00 a.m. Market Data Fees (‘‘Market Data Fees’’) American LLC’’ in Rule 2, and 3:00 p.m. Copies of such filing also to reflect that name change. The Supplementary Material .10 (‘‘Member’’, will be available for inspection and proposed change is available on the ‘‘Membership’’, ‘‘Member Firm’’, etc.); copying at the principal office of the Exchange’s Web site at www.nyse.com, Rule 17(c)(2) (Use of Exchange Facilities Exchange. All comments received will at the principal office of the Exchange, and Vendor Services); Rule 18, be posted without change; the and at the Commission’s Public Supplementary Material .10(a) Commission does not edit personal Reference Room. (Compensation in Relation to Exchange identifying information from II. Self-Regulatory Organization’s System Failure); Rule 70, submissions. You should submit only Statement of the Purpose of, and Supplementary Material .40(3) information that you wish to make available publicly. All submissions Statutory Basis for, the Proposed Rule (Execution of Floor Broker Interest); should refer to File Number SR– Change Rule 98 (c)(6) (Operation of a DMM NYSEAMER–2017–06, and should be Unit); Rule 103, Supplementary In its filing with the Commission, the Material .20(b)(6) (Registration and submitted on or before September 13, self-regulatory organization included 2017. Capital Requirements of DMMs and statements concerning the purpose of, DMM Units); and Rule 103B(IX) For the Commission, by the Division of and basis for, the proposed rule change (Security Allocation and Reallocation). Trading and Markets, pursuant to delegated and discussed any comments it received • The Exchange proposes to replace authority.28 on the proposed rule change. The text ‘‘NYSE MKT’’ with ‘‘NYSE American’’ Eduardo A. Aleman, of those statements may be examined at in Rule 2, Supplementary Material .10 Assistant Secretary. the places specified in Item IV below. and .20; Rule 17(c)(2); Rule 18, [FR Doc. 2017–17807 Filed 8–22–17; 8:45 am] The Exchange has prepared summaries, Supplementary Material .10; Rule 36, BILLING CODE 8011–01–P set forth in sections A, B, and C below, Supplementary Material .70(a)(iii) of the most significant parts of such (Communications Between Exchange statements. and Members’ Officers); Rule 70, SECURITIES AND EXCHANGE Supplementary Material .40(3); Rule COMMISSION A. Self-Regulatory Organization’s Statement of the Purpose of, and the 103, Supplementary Material .20(b)(6); [Release No. 34–81420; File No. SR–NYSE– Statutory Basis for, the Proposed Rule and Rule 103B(IX). 2017–41] Change • The Exchange proposes to replace ‘‘NYSE Amex Options Trading Floor’’ Self-Regulatory Organizations; New 1. Purpose with ‘‘NYSE American Options Trading York Stock Exchange LLC; Notice of Floor’’ in Rule 6A(b)(‘‘Trading Floor’’) The Exchange proposes, in Filing and Immediate Effectiveness of and Rule 36, Supplementary Material connection with the name change of its Proposed Change in Connection With .23 and .70(a). affiliate, from NYSE MKT LLC (‘‘NYSE the Name Change of Its Affiliate, From MKT’’) to NYSE American LLC (‘‘NYSE • The Exchange proposes to replace NYSE MKT LLC to NYSE American LLC ‘‘NYSE Amex’’ with ‘‘NYSE American’’ American’’), to amend certain rules of August 17, 2017. the Exchange, the Independence Policy, in Rule 36, Supplementary Material .23 Pursuant to Section 19(b)(1) 1 of the Price List, and Market Data Fees to and .70(a). • The Exchange proposes to replace asabaliauskas on DSKBBXCHB2PROD with NOTICES Securities Exchange Act of 1934 (the reflect that name change.4 ‘‘Act’’) 2 and Rule 19b-4 thereunder,3 ‘‘NYSE Amex-listed’’ with ‘‘NYSE notice is hereby given that, on August 4 The Exchange originally filed the proposed American-listed’’ in Rule 6A. 9, 2017, New York Stock Exchange LLC changes on July 21, 2017 (SR–NYSE–2017–37), 5 See Securities Exchange Act Release No.80283 withdrew such filing on July 27 and refiled the same day (SR–NYSE–2017–39). The Exchange (March 21, 2017), 82 FR 15244 (March 27, 2017) 28 17 CFR 200.30–3(a)(12). subsequently withdrew SR–NYSE–2017–39 and (SR–NYSEMKT–2017–14). 1 15 U.S.C. 78s(b)(1). refiled on August 2, 2017 (SR–NYSE–2017–40). SR– 6 See Securities Exchange Act Release No. 80748 2 15 U.S.C. 78a. NYSE–2017–40 was subsequently withdrawn and (May 23, 2017), 82 FR 24764 (May 30, 2017) (SR– 3 17 CFR 240.19b–4. replaced by this filing. NYSEMKT 2017–20). VerDate Sep<11>2014 16:47 Aug 22, 2017 Jkt 241001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\23AUN1.SGM 23AUN1

40056 Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Notices • In Rule 70, Supplementary Material 2. Statutory Basis potential investor or market participant .40(3), the Exchange proposes to replace The Exchange believes that the confusion. ‘‘NYSE Amex option’’ with ‘‘NYSE proposed rule change is consistent with The Exchange believes that the American option.’’ Section 6(b) of the Exchange Act,9 in proposed changes to replace ‘‘[Insert • In Rule 300, Supplementary general, and with Section 6(b)(1) 10 in name of relevant NYSE U.S. Regulated Material .10T (Trading Licenses), the particular, in that it enables the Subsidiary]’’ with ‘‘New York Stock Exchange proposes to replace ‘‘NYSE Exchange to be so organized as to have Exchange LLC’’ in the Independence Amex LLC’’ and ‘‘NYSE Amex’’ with the capacity to be able to carry out the Policy would contribute to the orderly ‘‘NYSE American LLC’’ and ‘‘NYSE purposes of the Exchange Act and to operation of the Exchange by adding American’’, respectively. comply, and to enforce compliance by clarity and transparency to such its exchange members and persons document. Proposed Changes to Independence associated with its exchange members, Further, the Exchange believes that Policy, Price List, and Market Data with the provisions of the Exchange Act, the proposed deletion of footnote two of the rules and regulations thereunder, the Independence Policy would remove • Independence Policy: The Exchange impediments to, and perfect the proposes to replace ‘‘NYSE MKT LLC’’ and the rules of the Exchange. The proposed rule change is a non- mechanism of a free and open market with ‘‘NYSE American LLC’’ throughout and a national market system and, in substantive change and does not impact the Independence Policy.7 Additionally, general, protect investors and the public the governance or ownership of the the Exchange proposes to replace Exchange. The Exchange believes that interest because the change would ‘‘[Insert name of relevant NYSE U.S. the proposed rule change would enable eliminate an obsolete reference to NYSE Regulated Subsidiary]’’ with ‘‘New York the Exchange to continue to be so Regulation, thereby reducing potential Stock Exchange LLC.’’ The text being organized as to have the capacity to confusion. Market participants and replaced was used in prior filings carry out the purposes of the Exchange investors would not be harmed and in because several entities used the same Act and comply and enforce compliance fact could benefit from the increased Independence Policy.8 with the provisions of the Exchange Act clarity and transparency in the • Price List: The Exchange proposes by its members and persons associated Independence Policy, ensuring that to replace ‘‘NYSE MKT’’ with ‘‘NYSE with its members, because ensuring that market participants could more easily American’’ throughout the Price List. the Exchange’s rules, Independence understand the Independence Policy. Additionally, under ‘‘Co-Location Policy, Price List, and Market Data Fees B. Self-Regulatory Organization’s Fees,’’ the Exchange proposes to replace accurately reflect the name change of its Statement on Burden on Competition ‘‘NYSE MKT LLC’’ with ‘‘NYSE affiliate from NYSE MKT to NYSE American LLC’’ in General Note 1. The American would contribute to the The Exchange does not believe that Exchange also proposes to replace orderly operation of the Exchange by the proposed rule change will impose ‘‘NYSE Amex Options’’ with ‘‘NYSE adding clarity and transparency to such any burden on competition that is not American Options’’ in the chart in rules, Independence Policy, Price List, necessary or appropriate in furtherance General Note 4. and Market Data Fees. of the purposes of the Act. The For similar reasons, the Exchange also proposed rule change is not intended to • Market Data Fees: In footnote 5, the address competitive issues but rather is believes that the proposed rule change Exchange proposes to replace ‘‘NYSE concerned solely with updating the is consistent with Section 6(b)(5) of the MKT BBO’’ and ‘‘NYSE MKT Trades’’ Exchange’s rules, Independence Policy, Act,11 in that it is designed to prevent with ‘‘NYSE American BBO’’ and Price List, and Market Data Fees to fraudulent and manipulative acts and ‘‘NYSE American Trades,’’ respectively, reflect its affiliates [sic] name change practices, to promote just and equitable and to replace ‘‘NYSE MKT Proprietary from NYSE MKT to NYSE American principles of trade, to foster cooperation Market Data Fees’’ with ‘‘NYSE and NYSE Amex Options to NYSE and coordination with persons engaged American Proprietary Market Data American Options. in facilitating transactions in securities, Fees.’’ to remove impediments to and perfect C. Self-Regulatory Organization’s None of the foregoing changes are the mechanism of a free and open substantive. Statement on Comments on the market and a national market system Proposed Rule Change Received From and, in general, to protect investors and Members, Participants, or Others 7 In addition, the Exchange proposes to delete the public interest. footnote 2 of the Independence Policy, which has The Exchange believes that the No written comments were solicited an obsolete reference to NYSE Regulation, Inc. proposed rule change would remove or received with respect to the proposed (‘‘NYSE Regulation’’). NYSE Regulation and NYSE Market (DE), Inc. (‘‘NYSE Market (DE)’’) were impediments to and perfect the rule change. previously parties to a Delegation Agreement mechanism of a free and open market III. Date of Effectiveness of the whereby the Exchange delegated certain regulatory and a national market system by Proposed Rule Change and Timing for functions to NYSE Regulation and certain market ensuring that market participants can functions to NYSE Market (DE). The Delegation Commission Action Agreement was terminated when the Exchange re- more easily navigate, understand and integrated its regulatory and market functions. As comply with the Exchange’s rules, The proposed rule change has become a result, the two entities ceased being regulated Independence Policy, Price List, and effective pursuant to Section 19(b)(3)(A) subsidiaries, and NYSE Regulation was merged out Market Data Fees. The Exchange of the Act 12 and Rule 19b–4(f)(3) 13 asabaliauskas on DSKBBXCHB2PROD with NOTICES of existence. See Securities Exchange Act Release thereunder. At any time within 60 days No. 75991 (September 28, 2015), 80 FR 59837. believes that, by ensuring that such 8 Prior to the termination of the Delegation documents and rulebook accurately of the filing of the proposed rule change, Agreement, the same Independence Policy applied reflect the name change of its affiliate the Commission summarily may to the Exchange, NYSE MKT LLC, NYSE Market from NYSE MKT to NYSE American, temporarily suspend such rule change if (DE), and NYSE Regulation. See Securities the proposed rule change would reduce it appears to the Commission that such Exchange Act Release Nos. 72156 (May 13, 2014), 79 FR 28782 (May 19, 2014) (SR–NYSEMKT–2014– action is necessary or appropriate in the 9 15 U.S.C. 78f(b). 41); 67564 (August 1, 2012), 77 FR 47161 (August 10 15 U.S.C. 78f(b)(1). 12 15 U.S.C. 78s(b)(3)(A). 7, 2012) (SR–NYSE–2012–17; SR–NYSEArca–2012– 59; SR–NYSEMKT–2012–07). 11 15 U.S.C. 78f(b)(5). 13 17 CFR 240.19b–4(f)(3). 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Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Notices 40057 public interest, for the protection of available publicly. All submissions DEPARTMENT OF STATE investors, or otherwise in furtherance of should refer to File Number SR–NYSE– the purposes of the Act. If the 2017–41 and should be submitted on or [Public Notice 10097] Commission takes such action, the before September 13, 2017. Commission shall institute proceedings E.O. 13224 Designation of Abu Yahya For the Commission, by the Division of under Section 19(b)(2)(B) 14 of the Act to al-Iraqi, aka Ayad Hamed Mohal al- Trading and Markets, pursuant to delegated determine whether the proposed rule Jumail, aka Ayad Hammed Muhal authority.15 change should be approved or Shuab, aka Abu-Yahya, aka Iyad disapproved. Eduardo A. Aleman, Assistant Secretary. Hamed Mahl al-Jumaily, aka Iyad al- IV. Solicitation of Comments Jumayli, aka Ayad Hamid al-Jumaili, [FR Doc. 2017–17809 Filed 8–22–17; 8:45 am] Interested persons are invited to aka Ayad al-Jumaili, aka Ayad BILLING CODE 8011–01–P submit written data, views, and Miuhammed Mahar, aka Ayad arguments concerning the foregoing, Muhammad Mahar, aka Ayad Hamed including whether the proposed rule Mohl Aljamali, aka Ayad Hamed Mahal change is consistent with the Act. DEPARTMENT OF STATE Joumily as a Specially Designated Comments may be submitted by any of Global Terrorist the following methods: [Public Notice 10096] Acting under the authority of and in Electronic Comments accordance with section 1(b) of • Use the Commission’s Internet E.O. 13224 Designation of Ahmad Executive Order 13224 of September 23, comment form (http://www.sec.gov/ Alkhald, aka Yassine Noure, aka 2001, as amended by Executive Order rules/sro.shtml); or Mohammed Nawar Mohammed 13268 of July 2, 2002, and Executive • Send an email to rule-comments@ Alqadhi, aka Mahmoud as a Specially Order 13284 of January 23, 2003, I sec.gov. Please include File Number SR– Designated Global Terrorist hereby determine that the person known NYSE–2017–41 on the subject line. Acting under the authority of and in as Abu Yahya al-Iraqi, also known as Paper Comments Ayad Hamed Mohal al-Jumail, also accordance with section 1(b) of • Send paper comments in triplicate Executive Order 13224 of September 23, known as Ayad Hammed Muhal Shuab, to Secretary, Securities and Exchange 2001, as amended by Executive Order also known as Abu-Yahya, also known Commission, 100 F Street NE., 13268 of July 2, 2002, and Executive as Iyad Hamed Mahl al-Jumaily, also Washington, DC 20549–1090. Order 13284 of January 23, 2003, I known as Iyad al-Jumayli, also known All submissions should refer to File hereby determine that the person known as Ayad Hamid al-Jumaili, also known Number SR–NYSE–2017–41. This file as Ahmad Alkhald, also known as as Ayad al-Jumaili, also known as Ayad number should be included on the Yassine Noure, also known as Miuhammed Mahar, also known as subject line if email is used. To help the Mohammed Nawar Mohammed Ayad Muhammad Mahar, also known as Commission process and review your Alqadhi, also known as Mahmoud, Ayad Hamed Mohl Aljamali, also comments more efficiently, please use known as Ayad Hamed Mahal Joumily, committed, or poses a significant risk of only one method. The Commission will committed, or poses a significant risk of committing, acts of terrorism that post all comments on the Commission’s committing, acts of terrorism that threaten the security of U.S. nationals or Internet Web site (http://www.sec.gov/ threaten the security of U.S. nationals or rules/sro.shtml). Copies of the the national security, foreign policy, or economy of the United States. the national security, foreign policy, or submission, all subsequent economy of the United States. amendments, all written statements Consistent with the determination in with respect to the proposed rule section 10 of Executive Order 13224 that Consistent with the determination in change that are filed with the prior notice to persons determined to be section 10 of Executive Order 13224 that Commission, and all written subject to the Order who might have a prior notice to persons determined to be communications relating to the constitutional presence in the United subject to the Order who might have a proposed rule change between the States would render ineffectual the constitutional presence in the United Commission and any person, other than blocking and other measures authorized States would render ineffectual the those that may be withheld from the in the Order because of the ability to blocking and other measures authorized public in accordance with the transfer funds instantaneously, I in the Order because of the ability to provisions of 5 U.S.C. 552, will be determine that no prior notice needs to transfer funds instantaneously, I available for Web site viewing and be provided to any person subject to this determine that no prior notice needs to printing in the Commission’s Public determination who might have a be provided to any person subject to this Reference Room, 100 F Street NE., constitutional presence in the United determination who might have a Washington, DC 20549 on official States, because to do so would render constitutional presence in the United business days between the hours of ineffectual the measures authorized in States, because to do so would render 10:00 a.m. and 3:00 p.m. Copies of the the Order. ineffectual the measures authorized in filing also will be available for the Order. This notice shall be published in the asabaliauskas on DSKBBXCHB2PROD with NOTICES inspection and copying at the principal Federal Register. This notice shall be published in the office of the Exchange. All comments received will be posted without change; Federal Register. Rex W. Tillerson, the Commission does not edit personal Secretary of State. Rex W. Tillerson, identifying information from Secretary of State. [FR Doc. 2017–17834 Filed 8–22–17; 8:45 am] submissions. You should submit only [FR Doc. 2017–17833 Filed 8–22–17; 8:45 am] BILLING CODE 4710–AD–P information that you wish to make BILLING CODE 4710–AD–P 14 15 U.S.C. 78s(b)(2)(B). 15 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 16:47 Aug 22, 2017 Jkt 241001 PO 00000 Frm 00078 Fmt 4703 Sfmt 9990 E:\FR\FM\23AUN1.SGM 23AUN1


Document Created: 2017-08-22 23:52:00
Document Modified: 2017-08-22 23:52:00
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 40055 
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