82 FR 41075 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing of Proposed Rule Change To Amend the Complimentary Products and Services Available to Certain Eligible New Listings Pursuant to Section 146 of the NYSE American Company Guide
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 166 (August 29, 2017)
Federal Register Volume 82, Issue 166 (August 29, 2017)
| Page Range | 41075-41077 | |
| FR Document | 2017-18243 |
[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)] [Notices] [Pages 41075-41077] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18243] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81470; File No. SR-NYSEAMER-2017-05] Self-Regulatory Organizations; NYSE American LLC; Notice of Filing of Proposed Rule Change To Amend the Complimentary Products and Services Available to Certain Eligible New Listings Pursuant to Section 146 of the NYSE American Company Guide August 23, 2017. Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that, on August 11, 2017, NYSE American LLC (the ``Exchange'' or ``NYSE American'') filed with the Securities and Exchange Commission (the ``Commission'') the [[Page 41076]] proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Section 146 of the NYSE American Company Guide (the ``Company Guide'') to provide that companies initially listed on or after October 1, 2017 will not be eligible to receive corporate governance tools under the Exchange's services offering. 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 The Exchange proposes to amend Section 146 of the Company Guide to provide that companies initially listed on or after October 1, 2017 will not be eligible to receive corporate governance tools under the Exchange's services offering. As set forth in Section 146, the Exchange currently provides Eligible New Listings \4\ with complimentary Web-hosting products and services (with a commercial value of approximately $16,000 annually), web-casting services (with a commercial value of approximately $6,500 annually), whistleblower hotline services (with a commercial value of approximately $4,000 annually), and news distribution products and services (with a commercial value of approximately $20,000 annually) and corporate governance tools (with a commercial value of approximately $15,000 annually) for a period of 24 calendar months. The Exchange's experience has been that companies that qualify as Eligible New Listings have generally not been interested in availing themselves of the corporate governance tools available as part of the services offering. As such the Exchange has decided to discontinue the corporate governance tool portion of its service offering for companies that list on or after October 1, 2017. Any company that is listed prior to October 1, 2017 will continue to be able to access corporate governance tools to the extent that they are eligible to do so under Section 146 as currently in effect. --------------------------------------------------------------------------- \4\ For the purposes of Section 146, the term ``Eligible New Listing'' means (i) any U.S. company that lists common stock on the Exchange for the first time and any non-U.S. company that lists an equity security on the Exchange under Section 101 or 110 of the Company Guide for the first time, regardless of whether such U.S. or non-U.S. company conducts an offering, (ii) any U.S. or non-U.S. company that transfers its listing of common stock or equity securities, respectively, to the Exchange from another national securities exchange and (iii) any U.S. or non-U.S. company emerging from a bankruptcy, spinoff (where a company lists new shares in the absence of a public offering), and carve-out (where a company carves out a business line or division, which then conducts a separate initial public offering). --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) \5\ of the Act, in general, and furthers the objectives of Section 6(b)(5) of the Act,\6\ in particular in that it is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and 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 and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. The Exchange believes that the proposed amendment is not unfairly discriminatory, as all companies listed on or after October 1, 2017 will continue to be eligible to avail themselves of the same services offering with the exception of the corporate governance tools offering which will be discontinued. It is not unfairly discriminatory to continue to offer corporate governance tools to companies listed prior to October 1, 2017, as that benefit was part of the services offering that was available at the time of those companies' initial listing and may have had some influence over their listing decisions. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78f(b). \6\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed amendments to the Company Guide do not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change does not impose any burden on competition, as all companies whose initial listing occurs on or after October 1, 2017 will be eligible for an identical services offering with the exception of the discontinued corporate governance tools. 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 Within 45 days of the date of publication of this notice in the Federal Register or up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve or disapprove the proposed rule change, or (B) institute proceedings to determine whether the proposed rule change should be 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 CommentsUse 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-2017-05 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange [[Page 41077]] Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEAMER-2017-05. 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 N., 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-NYSEAMER-2017-05, and should be submitted on or before September 19, 2017. --------------------------------------------------------------------------- \7\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\7\ Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-18243 Filed 8-28-17; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices 41075
files its third quarterly data collection invites public comment, and takes other statutory and regulatory requirements
report, due May 10, 2017.’’ Id. administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633,
Therefore, the Commission treats the DATES: Comments are due: August 30, 39 U.S.C. 3642, 39 CFR part 3015, and
Motion as an application for a limited 2017. 39 CFR part 3020, subpart B. Comment
extension under 39 U.S.C. 3641(d) to ADDRESSES: Submit comments
deadline(s) for each request appear in
satisfy 1-year GeM Merchant NSAs electronically via the Commission’s section II.
executed during the second year of the Filing Online system at http:// II. Docketed Proceeding(s)
market test. www.prc.gov. Those who cannot submit 1. Docket No(s).: MC2017–178 and
IV. Notice of Filing comments electronically should contact CP2017–279; Filing Title: Request of the
the person identified in the FOR FURTHER United States Postal Service to Add
The Commission reopens Docket No.
INFORMATION CONTACT section by
MT2016–1 to consider matters raised by Priority Mail Contract 343 to
telephone for advice on filing Competitive Product List and Notice of
the Postal Service’s Motion. The
alternatives. Filing (Under Seal) of Unredacted
Commission invites comments on
whether the Motion complies with FOR FURTHER INFORMATION CONTACT: Governors’ Decision, Contract, and
applicable statutory and regulatory David A. Trissell, General Counsel, at Supporting Data; Filing Acceptance
requirements, including 39 U.S.C. 3641, 202–789–6820. Date: August 22, 2017; Filing Authority:
39 CFR part 3035, and Order No. 3319. SUPPLEMENTARY INFORMATION: 39 U.S.C. 3642 and 39 CFR 3020.30;
Comments are due September 25, 2017. Public Representative: Matthew R.
Table of Contents
The public portions of these filings can Ashford; Comments Due: August 30,
be accessed via the Commission’s Web I. Introduction 2017.
site (http://www.prc.gov). II. Docketed Proceeding(s) 2. Docket No(s).: MC2017–179 and
39 U.S.C. 505 requires the I. Introduction CP2017–280; Filing Title: Request of the
Commission to designate an officer of United States Postal Service to Add
The Commission gives notice that the Priority Mail Contract 344 to
the Commission to represent the
Postal Service filed request(s) for the Competitive Product List and Notice of
interests of the general public in all
Commission to consider matters related Filing (Under Seal) of Unredacted
public proceedings (Public
to negotiated service agreement(s). The Governors’ Decision, Contract, and
Representative). The Commission
request(s) may propose the addition or Supporting Data; Filing Acceptance
previously appointed James Waclawski
removal of a negotiated service Date: August 22, 2017; Filing Authority:
to serve as the Public Representative in
agreement from the market dominant or 39 U.S.C. 3642 and 39 CFR 3020.30;
this proceeding. He remains appointed
the competitive product list, or the Public Representative: Matthew R.
to serve as the Public Representative.
modification of an existing product Ashford; Comments Due: August 30,
V. Ordering Paragraphs currently appearing on the market 2017.
It is ordered: dominant or the competitive product This notice will be published in the
1. The Commission reopens Docket list. Federal Register.
No. MT2016–1 to consider matters Section II identifies the docket
number(s) associated with each Postal Stacy L. Ruble,
raised by the Motion.
2. Pursuant to 39 U.S.C. 505, James Service request, the title of each Postal Secretary.
Waclawski remains appointed to serve Service request, the request’s acceptance [FR Doc. 2017–18212 Filed 8–28–17; 8:45 am]
as the Public Representative in this date, and the authority cited by the BILLING CODE 7710–FW–P
proceeding. Postal Service for each request. For each
3. Comments are due by September request, the Commission appoints an
25, 2017. officer of the Commission to represent SECURITIES AND EXCHANGE
4. The Secretary shall arrange for the interests of the general public in the COMMISSION
publication of this order in the Federal proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also [Release No. 34–81470; File No. SR–
Register. NYSEAMER–2017–05]
establishes comment deadline(s)
By the Commission. pertaining to each request.
Stacy L. Ruble,
Self-Regulatory Organizations; NYSE
The public portions of the Postal
American LLC; Notice of Filing of
Secretary. Service’s request(s) can be accessed via
Proposed Rule Change To Amend the
[FR Doc. 2017–18292 Filed 8–28–17; 8:45 am] the Commission’s Web site (http://
Complimentary Products and Services
BILLING CODE 7710–FW–P www.prc.gov). Non-public portions of
Available to Certain Eligible New
the Postal Service’s request(s), if any,
Listings Pursuant to Section 146 of the
can be accessed through compliance
NYSE American Company Guide
POSTAL REGULATORY COMMISSION with the requirements of 39 CFR
3007.40. August 23, 2017.
[Docket Nos. MC2017–178 and CP2017–279; The Commission invites comments on
MC2017–179 and CP2017–280]
Pursuant to Section 19(b)(1) 1 of the
whether the Postal Service’s request(s) Securities Exchange Act of 1934 (the
in the captioned docket(s) are consistent ‘‘Act’’),2 and Rule 19b–4 thereunder,3
New Postal Products
with the policies of title 39. For notice is hereby given that, on August
request(s) that the Postal Service states
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY: Postal Regulatory Commission. 11, 2017, NYSE American LLC (the
ACTION: Notice. concern market dominant product(s), ‘‘Exchange’’ or ‘‘NYSE American’’) filed
applicable statutory and regulatory with the Securities and Exchange
SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39 Commission (the ‘‘Commission’’) the
recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39
Commission’s consideration concerning CFR part 3020, subpart B. For request(s) 1 15 U.S.C. 78s(b)(1).
negotiated service agreements. This that the Postal Service states concern 2 15 U.S.C. 78a.
notice informs the public of the filing, competitive product(s), applicable 3 17 CFR 240.19b–4.
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![Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices 41077
Commission, 100 F Street NE., Notice is hereby given that, pursuant of information unless it displays a
Washington, DC 20549–1090. to the Paperwork Reduction Act of 1995 currently valid OMB control number.
(44 U.S.C. 3501 et seq.), the Securities Written comments are invited on: (a)
All submissions should refer to File
and Exchange Commission (the Whether the proposed collection of
Number SR–NYSEAMER–2017–05. This
‘‘Commission’’) is soliciting comments information is necessary for the proper
file number should be included on the
on the collection of information performance of the functions of the
subject line if email is used. To help the
summarized below. The Commission agency, including whether the
Commission process and review your
plans to submit this existing collection information will have practical utility;
comments more efficiently, please use
of information to the Office of (b) the accuracy of the agency’s estimate
only one method. The Commission will
Management and Budget (‘‘OMB’’) for of the burden of the collection of
post all comments on the Commission’s
extension and approval. information; (c) ways to enhance the
Internet Web site (http://www.sec.gov/
Under the Investment Company Act quality, utility, and clarity of the
rules/sro.shtml). Copies of the
of 1940 (15 U.S.C. 80a–1 et seq.) (the information collected; and (d) ways to
submission, all subsequent
‘‘Investment Company Act’’), certain minimize the burden of the collection of
amendments, all written statements
investment companies can elect to be information on respondents, including
with respect to the proposed rule
regulated as business development through the use of automated collection
change that are filed with the
companies, as defined in Section techniques or other forms of information
Commission, and all written
2(a)(48) of the Investment Company Act technology. Consideration will be given
communications relating to the
(15 U.S.C. 80a–2(a)(48)). Under Section to comments and suggestions submitted
proposed rule change between the
54(a) of the Investment Company Act in writing within 60 days of this
Commission and any person, other than
(15 U.S.C. 80a–53(a)), any company publication.
those that may be withheld from the
defined in Section 2(a)(48)(A) and (B) Please direct your written comments
public in accordance with the
may elect to be subject to the provisions to Pamela Dyson, Director/Chief
provisions of 5 U.S.C. 552, will be
of Sections 55 through 65 of the Information Officer, Securities and
available for Web site viewing and
Investment Company Act (15 U.S.C. Exchange Commission, C/O Remi
printing in the Commission’s Public
80a–54 to 80a–64) by filing with the Pavlik-Simon, 100 F Street NE.,
Reference Room, 100 F Street N.,
Commission a notification of election, if Washington, DC 20549; or send an email
Washington, DC 20549, on official
such company has: (1) A class of equity to: PRA_Mailbox@sec.gov.
business days between the hours of
securities registered under Section 12 of Dated: August 23, 2017.
10:00 a.m. and 3:00 p.m. Copies of the
the Securities Exchange Act of 1934 (15
filing also will be available for Eduardo A. Aleman,
U.S.C. 78a et seq.) (‘‘Exchange Act’’); or
inspection and copying at the principal Assistant Secretary.
(2) filed a registration statement
office of the Exchange. All comments [FR Doc. 2017–18229 Filed 8–28–17; 8:45 am]
pursuant to Section 12 of the Exchange
received will be posted without change; BILLING CODE 8011–01–P
Act for a class of equity securities. The
the Commission does not edit personal
Commission has adopted Form N–54A
identifying information from
(17 CFR 274.53) as the form for
submissions. You should submit only SECURITIES AND EXCHANGE
notification of election to be regulated
information that you wish to make COMMISSION
as business development companies.
available publicly. All submissions
should refer to File Number SR– The purpose of Form N–54A is to
notify the Commission that the [Release No. 34–81469; File No. SR–IEX–
NYSEAMER–2017–05, and should be 2017–20]
submitted on or before September 19, investment company making the
2017. notification elects to be subject to
Self-Regulatory Organizations;
Sections 55 through 65 of the
For the Commission, by the Division of Investors Exchange LLC; Notice of
Investment Company Act, enabling the
Trading and Markets, pursuant to delegated Filing of Proposed Rule Change To
Commission to administer those
authority.7 Adopt Rule 14.602 To Describe the
provisions of the Investment Company
Eduardo A. Aleman, Complimentary Products and Services
Act to such companies.
To Be Made Available to All Listed
Assistant Secretary. The Commission estimates that on Companies
[FR Doc. 2017–18243 Filed 8–28–17; 8:45 am] average approximately 12 business
BILLING CODE 8011–01–P development companies file these August 23, 2017.
notifications each year. Each of those Pursuant to Section 19(b)(1) 1 of the
business development companies need Securities Exchange Act of 1934 (the
SECURITIES AND EXCHANGE only make a single filing of Form N– ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
COMMISSION 54A. The Commission further estimates notice is hereby given that, on August
that this information collection imposes 10, 2017, the Investors Exchange LLC
Proposed Collection; Comment a burden of 0.5 hours, resulting in a (‘‘IEX’’ or the ‘‘Exchange’’) filed with the
Request total annual PRA burden of 6 hours. Securities and Exchange Commission
Based on the estimated wage rate, the (the ‘‘Commission’’) the proposed rule
Upon Written Request, Copies Available total cost to the business development change as described in Items I and II
From: Securities and Exchange company industry of the hour burden below, which Items have been prepared
Commission, Office of FOIA Services, for complying with Form N–54A would
sradovich on DSK3GMQ082PROD with NOTICES
by the self-regulatory organization. The
100 F Street NE., Washington, DC be approximately $2,070. Commission is publishing this notice to
20549–2736. The collection of information under solicit comments on the proposed rule
Extension: Form N–54A is mandatory. The change from interested persons.
Form N–54A. SEC File No. 270–182, OMB information provided under the form is
Control No. 3235–0237 not kept confidential. An agency may 1 15 U.S.C.78s(b)(1).
not conduct or sponsor, and a person is 2 15 U.S.C. 78a.
7 17 CFR 200.30–3(a)(12). not required to respond to, a collection 3 17 CFR 240.19b–4.
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Document Created: 2017-08-29 01:57:56
Document Modified: 2017-08-29 01:57:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 41075 |
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