82_FR_42886 82 FR 42712 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To Delay the Implementation of Its Recently Approved Rule Requiring Listed Companies To Provide Advance Notice of Dividend or Stock Distribution Announcements to the Exchange

82 FR 42712 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To Delay the Implementation of Its Recently Approved Rule Requiring Listed Companies To Provide Advance Notice of Dividend or Stock Distribution Announcements to the Exchange

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 174 (September 11, 2017)

Page Range42712-42714
FR Document2017-19107

Federal Register, Volume 82 Issue 174 (Monday, September 11, 2017)
[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42712-42714]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19107]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81531; File No. SR-NYSE-2017-43]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change, 
as Modified by Amendment No. 1 Thereto, To Delay the Implementation of 
Its Recently Approved Rule Requiring Listed Companies To Provide 
Advance Notice of Dividend or Stock Distribution Announcements to the 
Exchange

September 5, 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 29, 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. On August 29, 2017, the Exchange filed Amendment No. 1 to 
the proposal. The Commission is publishing this notice to solicit 
comments on the proposed rule change, as modified by Amendment No. 1, 
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 to delay the implementation of its recently 
approved rule requiring listed companies to provide notice to the 
Exchange at least 10 minutes before making any public announcement with 
respect to a dividend or stock distribution in all cases.\4\ 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.
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    \4\ The Exchange previously filed a proposed rule change to 
delay the implementation of its recently approved rule requiring 
listed companies to provide notice to the Exchange at least 10 
minutes before making any public announcement with respect to a 
dividend or stock distribution in all cases. See SR-NYSE-2017-43 
(August 22, 2017). This Amendment No. 1 replaces and supersedes the 
original filing of SR-NYSE-2017-43 in its entirety.
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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
    On August 14, 2017, the Commission approved changes to the NYSE 
Listed Company Manual (the ``Manual'') that require listed companies to 
provide notice to the Exchange at least 10 minutes before making any 
public announcement with respect to a dividend or stock distribution in 
all cases, including outside of the hours in which the Exchange's 
immediate release policy is in operation.\5\ The principal effect of 
this amendment is to require listed companies to provide 10 minutes 
advance notice to the Exchange with respect to a dividend or stock 
distribution announcement made at any time, rather than just during the 
hours of operation of the immediate release policy as is currently the 
case.\6\
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    \5\ See Securities Exchange Act Release No. 81393 (August 14, 
2017) (SR-NYSE-2017-17).
    \6\ The Exchange also amended Section 202.06(B) of the Manual to 
emphasize the Exchange's consistent interpretation of that rule as 
requiring listed companies to comply with the immediate release 
policy with respect to all announcements relating to a dividend or 
stock distribution.
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    Because listed companies may need to change their internal 
procedures to comply with the new policy and because the Exchange 
requires additional time to finalize its implementation of new 
technology changes and processes to effectively perform this function, 
the Exchange proposes to delay the final implementation date of the 
changes.\7\ This delay would provide listed companies with additional 
time to prepare to comply with the new requirements and for the 
Exchange's systems to provide the necessary support to Exchange staff 
in reviewing notifications. The Exchange will provide reasonable 
advance notice of the new implementation date to its listed companies 
at least 30 days in advance by emailing a notice to them that will also 
be posted on nyse.com.

[[Page 42713]]

The new implementation date will be no later than February 1, 2018.
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    \7\ The original filing also included an amendment to Section 
202.06(B). As this amendment was a clarification of an existing 
interpretation of that section, the Exchange does not propose to 
delay its implementation.
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    The Exchange proposes to amend Section 204.12 of the Manual to 
include two versions of the first paragraph of such section. Version A 
of such paragraph will include the rule text in effect prior to the 
Commission's August 14, 2017 approval of the Exchange's proposed 
revision.\8\ Version B of such paragraph will include the amended rule 
text approved by the Commission on August 14, 2017.\9\ The Exchange 
proposes to include a header above each paragraph stating that (i) 
Version A will remain operative until the Exchange notifies listed 
companies that Version B is operative and (ii) Version B will be 
operative on February 1, 2018 or such earlier date as the Exchange 
notifies listed companies that Version B is operative.
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    \8\ The following is the text of Version A:
    Prompt notice will be given to the Exchange as to any dividend 
action or action relating to a stock distribution in respect of a 
listed stock (including the omission or postponement of a dividend 
action at the customary time as well as the declaration of a 
dividend). Such notice is in addition to immediate publicity and 
should be given at least ten days in advance of the record date. The 
dividend notice should be given to the Exchange in accordance with 
Section 204.00. Notice should be given as soon as possible after 
declaration and in any event, no later than simultaneously with the 
announcement to the news media. The notice should include:
    * * * * *
    \9\ See Footnote 4 [sic] above.
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    The Exchange proposes to amend Section 204.21 of the Manual to 
include two versions of the first paragraph of such section. Version A 
of such paragraph will include the rule text in effect prior to the 
Commission's August 14, 2017 approval of the Exchange's proposed 
revision.\10\ Version B of such paragraph will include the amended rule 
text approved by the Commission on August 14, 2017.\11\ The Exchange 
proposes to include a header above each paragraph stating that (i) 
Version A will remain operative until the Exchange notifies listed 
companies that Version B is operative and (ii) Version B will be 
operative on February 1, 2018 or such earlier date as the Exchange 
notifies listed companies that Version B is operative.
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    \10\ The following is the text of Version A:
    Prompt notice is required to be given to the Exchange of the 
fixing of a date for the taking of a record of shareholders, or for 
the closing of transfer books (in respect of a listed security), for 
any purpose. The notice should state the purpose or purposes for 
which the record date has been fixed. This notice should be provided 
to the Exchange in accordance with Section 204.00.
    \11\ See Footnote 4 [sic] above.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) \12\ of the Act, in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\13\ 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 proposed amendment is consistent with 
the protection of investors and the public interest because it will 
ensure an orderly and effective implementation of the Exchange's new 
dividend and stock distribution notification policy.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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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 purpose of the Act. The purpose of the proposal 
is to delay the effectiveness of the Exchange's new dividend and stock 
distribution notification policy to give the Exchange staff and listed 
companies additional time to prepare for compliance with the new policy 
and it will not have any effect on competition.

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)(iii) of the Act \14\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and the 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 Commission has determined to waive the five-day 
prefiling period in this case.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \16\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \17\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. In support 
of the request, the Exchange states that waiver of the 30-day operative 
delay will enable the Exchange to avoid any potential confusion that 
might be caused to listed companies if the new advance notice 
requirement for dividend or stock distribution announcements to the 
Exchange was in effect prior to this proposal becoming operative.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    Based on the above, the Commission believes that waiver of the 30-
day operative delay is consistent with the protection of investors and 
the public interest because, as noted above, the Exchange cannot 
currently process the advance notifications in accordance with the 
requirements of the newly adopted rule until it finalizes 
implementation of new technology and processes. As a result, waiver of 
the 30-day operative delay, consistent with the protection of investors 
and the public interest, will provide listed companies immediate 
transparency on the rules they need to follow in providing notification 
to the Exchange on public announcements concerning dividend and stock 
distributions until such time as the Exchange makes the necessary 
changes to process the notifications in accordance with the newly 
adopted rules. Accordingly, the Commission hereby waives the operative 
delay and designates the proposal operative upon filing with the 
Commission.\18\
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    \18\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in

[[Page 42714]]

furtherance of the purposes of the Act. If the Commission takes such 
action, the Commission shall institute proceedings to determine whether 
the proposed rule 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, as modified by Amendment No. 1, 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-2017-43 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-2017-43. 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-2017-43, and should be 
submitted on or before October 2, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-19107 Filed 9-8-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    42712                     Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices

                                                    request(s) may propose the addition or                  SECURITIES AND EXCHANGE                               statements concerning the purpose of,
                                                    removal of a negotiated service                         COMMISSION                                            and basis for, the proposed rule change
                                                    agreement from the market dominant or                                                                         and discussed any comments it received
                                                                                                            [Release No. 34–81531; File No. SR–NYSE–
                                                    the competitive product list, or the                    2017–43]
                                                                                                                                                                  on the proposed rule change. The text
                                                    modification of an existing product                                                                           of those statements may be examined at
                                                    currently appearing on the market                       Self-Regulatory Organizations; New                    the places specified in Item IV below.
                                                    dominant or the competitive product                     York Stock Exchange LLC; Notice of                    The Exchange has prepared summaries,
                                                    list.                                                   Filing and Immediate Effectiveness of                 set forth in sections A, B, and C below,
                                                       Section II identifies the docket                     Proposed Rule Change, as Modified by                  of the most significant parts of such
                                                    number(s) associated with each Postal                   Amendment No. 1 Thereto, To Delay                     statements.
                                                    Service request, the title of each Postal               the Implementation of Its Recently
                                                    Service request, the request’s acceptance                                                                     A. Self-Regulatory Organization’s
                                                                                                            Approved Rule Requiring Listed                        Statement of the Purpose of, and the
                                                    date, and the authority cited by the                    Companies To Provide Advance Notice                   Statutory Basis for, the Proposed Rule
                                                    Postal Service for each request. For each               of Dividend or Stock Distribution                     Change
                                                    request, the Commission appoints an                     Announcements to the Exchange
                                                    officer of the Commission to represent                                                                        1. Purpose
                                                    the interests of the general public in the              September 5, 2017.
                                                                                                                                                                     On August 14, 2017, the Commission
                                                    proceeding, pursuant to 39 U.S.C. 505                      Pursuant to Section 19(b)(1) 1 of the              approved changes to the NYSE Listed
                                                    (Public Representative). Section II also                Securities Exchange Act of 1934 (the                  Company Manual (the ‘‘Manual’’) that
                                                    establishes comment deadline(s)                         ‘‘Act’’),2 and Rule 19b–4 thereunder,3                require listed companies to provide
                                                    pertaining to each request.                             notice is hereby given that on August                 notice to the Exchange at least 10
                                                       The public portions of the Postal                    29, 2017, New York Stock Exchange                     minutes before making any public
                                                    Service’s request(s) can be accessed via                LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed              announcement with respect to a
                                                    the Commission’s Web site (http://                      with the Securities and Exchange                      dividend or stock distribution in all
                                                    www.prc.gov). Non-public portions of                    Commission (the ‘‘Commission’’) the                   cases, including outside of the hours in
                                                    the Postal Service’s request(s), if any,                proposed rule change as described in                  which the Exchange’s immediate release
                                                    can be accessed through compliance                      Items I and II below, which Items have                policy is in operation.5 The principal
                                                    with the requirements of 39 CFR                         been prepared by the self-regulatory
                                                                                                                                                                  effect of this amendment is to require
                                                    3007.40.                                                organization. On August 29, 2017, the
                                                                                                                                                                  listed companies to provide 10 minutes
                                                       The Commission invites comments on                   Exchange filed Amendment No. 1 to the
                                                                                                                                                                  advance notice to the Exchange with
                                                    whether the Postal Service’s request(s)                 proposal. The Commission is publishing
                                                                                                                                                                  respect to a dividend or stock
                                                    in the captioned docket(s) are consistent               this notice to solicit comments on the
                                                                                                                                                                  distribution announcement made at any
                                                    with the policies of title 39. For                      proposed rule change, as modified by
                                                                                                                                                                  time, rather than just during the hours
                                                    request(s) that the Postal Service states               Amendment No. 1, from interested                      of operation of the immediate release
                                                    concern market dominant product(s),                     persons.                                              policy as is currently the case.6
                                                    applicable statutory and regulatory                     I. Self-Regulatory Organization’s                        Because listed companies may need to
                                                    requirements include 39 U.S.C. 3622, 39                 Statement of the Terms of Substance of                change their internal procedures to
                                                    U.S.C. 3642, 39 CFR part 3010, and 39                   the Proposed Rule Change                              comply with the new policy and
                                                    CFR part 3020, subpart B. For request(s)                                                                      because the Exchange requires
                                                    that the Postal Service states concern                     The Exchange proposes to delay the
                                                                                                                                                                  additional time to finalize its
                                                    competitive product(s), applicable                      implementation of its recently approved
                                                                                                                                                                  implementation of new technology
                                                    statutory and regulatory requirements                   rule requiring listed companies to
                                                                                                                                                                  changes and processes to effectively
                                                    include 39 U.S.C. 3632, 39 U.S.C. 3633,                 provide notice to the Exchange at least
                                                                                                                                                                  perform this function, the Exchange
                                                    39 U.S.C. 3642, 39 CFR part 3015, and                   10 minutes before making any public
                                                                                                                                                                  proposes to delay the final
                                                    39 CFR part 3020, subpart B. Comment                    announcement with respect to a
                                                                                                                                                                  implementation date of the changes.7
                                                    deadline(s) for each request appear in                  dividend or stock distribution in all
                                                                                                                                                                  This delay would provide listed
                                                    section II.                                             cases.4 The proposed rule change is                   companies with additional time to
                                                                                                            available on the Exchange’s Web site at               prepare to comply with the new
                                                    II. Docketed Proceeding(s)                              www.nyse.com, at the principal office of              requirements and for the Exchange’s
                                                       1. Docket No(s).: MC2017–183 and                     the Exchange, and at the Commission’s                 systems to provide the necessary
                                                    CP2017–284; Filing Title: Request of the                Public Reference Room.                                support to Exchange staff in reviewing
                                                    United States Postal Service to Add                     II. Self-Regulatory Organization’s                    notifications. The Exchange will
                                                    Global Expedited Package Services 8                     Statement of the Purpose of, and                      provide reasonable advance notice of
                                                    Contracts to the Competitive Product                    Statutory Basis for, the Proposed Rule                the new implementation date to its
                                                    List, and Notice of Filing (Under Seal)                 Change                                                listed companies at least 30 days in
                                                    of Contract and Application for Non-                                                                          advance by emailing a notice to them
                                                    Public Treatment of Materials Filed                        In its filing with the Commission, the
                                                                                                                                                                  that will also be posted on nyse.com.
                                                    Under Seal; Filing Acceptance Date:                     self-regulatory organization included
                                                    September 5, 2017; Filing Authority: 39                                                                          5 See Securities Exchange Act Release No. 81393
                                                                                                              1 15 U.S.C.78s(b)(1).
                                                    U.S.C. 3642 and 39 CFR 3020.30 et seq.;                   2 15
                                                                                                                                                                  (August 14, 2017) (SR–NYSE–2017–17).
                                                                                                                   U.S.C. 78a.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                     6 The Exchange also amended Section 202.06(B)
                                                    Public Representative: Curtis E. Kidd;                    3 17 CFR 240.19b–4.
                                                                                                                                                                  of the Manual to emphasize the Exchange’s
                                                    Comments Due: September 13, 2017.                         4 The Exchange previously filed a proposed rule
                                                                                                                                                                  consistent interpretation of that rule as requiring
                                                    This notice will be published in the                    change to delay the implementation of its recently    listed companies to comply with the immediate
                                                    Federal Register.                                       approved rule requiring listed companies to provide   release policy with respect to all announcements
                                                                                                            notice to the Exchange at least 10 minutes before     relating to a dividend or stock distribution.
                                                    Stacy L. Ruble,                                         making any public announcement with respect to           7 The original filing also included an amendment

                                                    Secretary.                                              a dividend or stock distribution in all cases. See    to Section 202.06(B). As this amendment was a
                                                                                                            SR–NYSE–2017–43 (August 22, 2017). This               clarification of an existing interpretation of that
                                                    [FR Doc. 2017–19198 Filed 9–8–17; 8:45 am]              Amendment No. 1 replaces and supersedes the           section, the Exchange does not propose to delay its
                                                    BILLING CODE 7710–FW–P                                  original filing of SR–NYSE–2017–43 in its entirety.   implementation.



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                                                                               Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices                                                         42713

                                                    The new implementation date will be                     Section 6(b) 12 of the Act, in general, and                  A proposed rule change filed
                                                    no later than February 1, 2018.                         furthers the objectives of Section 6(b)(5)                pursuant to Rule 19b–4(f)(6) under the
                                                       The Exchange proposes to amend                       of the Act,13 in particular in that it is                 Act 16 normally does not become
                                                    Section 204.12 of the Manual to include                 designed to promote just and equitable                    operative for 30 days after the date of its
                                                    two versions of the first paragraph of                  principles of trade, to foster cooperation                filing. However, Rule 19b–4(f)(6)(iii) 17
                                                    such section. Version A of such                         and coordination with persons engaged                     permits the Commission to designate a
                                                    paragraph will include the rule text in                 in regulating, clearing, settling,                        shorter time if such action is consistent
                                                    effect prior to the Commission’s August                 processing information with respect to,                   with the protection of investors and the
                                                    14, 2017 approval of the Exchange’s                     and facilitating transactions in                          public interest. The Exchange has asked
                                                    proposed revision.8 Version B of such                   securities, to remove impediments to                      the Commission to waive the 30-day
                                                    paragraph will include the amended                      and perfect the mechanism of a free and                   operative delay so that the proposal may
                                                    rule text approved by the Commission                    open market and a national market                         become operative immediately upon
                                                    on August 14, 2017.9 The Exchange                       system, and, in general, to protect                       filing. In support of the request, the
                                                    proposes to include a header above each                 investors and the public interest and is                  Exchange states that waiver of the 30-
                                                    paragraph stating that (i) Version A will               not designed to permit unfair                             day operative delay will enable the
                                                    remain operative until the Exchange                     discrimination between customers,                         Exchange to avoid any potential
                                                    notifies listed companies that Version B                issuers, brokers, or dealers. The                         confusion that might be caused to listed
                                                    is operative and (ii) Version B will be                 proposed amendment is consistent with                     companies if the new advance notice
                                                    operative on February 1, 2018 or such                   the protection of investors and the                       requirement for dividend or stock
                                                    earlier date as the Exchange notifies                   public interest because it will ensure an                 distribution announcements to the
                                                    listed companies that Version B is                      orderly and effective implementation of                   Exchange was in effect prior to this
                                                    operative.                                              the Exchange’s new dividend and stock                     proposal becoming operative.
                                                       The Exchange proposes to amend                       distribution notification policy.                            Based on the above, the Commission
                                                    Section 204.21 of the Manual to include                                                                           believes that waiver of the 30-day
                                                    two versions of the first paragraph of                  B. Self-Regulatory Organization’s                         operative delay is consistent with the
                                                    such section. Version A of such                         Statement on Burden on Competition                        protection of investors and the public
                                                    paragraph will include the rule text in                    The Exchange does not believe that                     interest because, as noted above, the
                                                    effect prior to the Commission’s August                 the proposed rule change will impose                      Exchange cannot currently process the
                                                    14, 2017 approval of the Exchange’s                     any burden on competition that is not                     advance notifications in accordance
                                                    proposed revision.10 Version B of such                  necessary or appropriate in furtherance                   with the requirements of the newly
                                                    paragraph will include the amended                      of the purpose of the Act. The purpose                    adopted rule until it finalizes
                                                    rule text approved by the Commission                    of the proposal is to delay the                           implementation of new technology and
                                                    on August 14, 2017.11 The Exchange                      effectiveness of the Exchange’s new                       processes. As a result, waiver of the 30-
                                                    proposes to include a header above each                 dividend and stock distribution                           day operative delay, consistent with the
                                                    paragraph stating that (i) Version A will               notification policy to give the Exchange                  protection of investors and the public
                                                    remain operative until the Exchange                     staff and listed companies additional                     interest, will provide listed companies
                                                    notifies listed companies that Version B                time to prepare for compliance with the                   immediate transparency on the rules
                                                    is operative and (ii) Version B will be                 new policy and it will not have any                       they need to follow in providing
                                                    operative on February 1, 2018 or such                   effect on competition.                                    notification to the Exchange on public
                                                    earlier date as the Exchange notifies                                                                             announcements concerning dividend
                                                                                                            C. Self-Regulatory Organization’s
                                                    listed companies that Version B is                                                                                and stock distributions until such time
                                                                                                            Statement on Comments on the
                                                    operative.                                                                                                        as the Exchange makes the necessary
                                                                                                            Proposed Rule Change Received From
                                                    2. Statutory Basis                                      Members, Participants, or Others                          changes to process the notifications in
                                                                                                                                                                      accordance with the newly adopted
                                                       The Exchange believes that the                         No written comments were solicited                      rules. Accordingly, the Commission
                                                    proposed rule change is consistent with                 or received with respect to the proposed                  hereby waives the operative delay and
                                                                                                            rule change.                                              designates the proposal operative upon
                                                      8 The  following is the text of Version A:
                                                       Prompt notice will be given to the Exchange as
                                                                                                            III. Date of Effectiveness of the                         filing with the Commission.18
                                                    to any dividend action or action relating to a stock    Proposed Rule Change and Timing for                          At any time within 60 days of the
                                                    distribution in respect of a listed stock (including    Commission Action                                         filing of the proposed rule change, the
                                                    the omission or postponement of a dividend action                                                                 Commission summarily may
                                                    at the customary time as well as the declaration of        Because the foregoing proposed rule
                                                    a dividend). Such notice is in addition to              change does not: (i) Significantly affect                 temporarily suspend such rule change if
                                                    immediate publicity and should be given at least        the protection of investors or the public                 it appears to the Commission that such
                                                    ten days in advance of the record date. The
                                                                                                            interest; (ii) impose any significant                     action is: (i) Necessary or appropriate in
                                                    dividend notice should be given to the Exchange in                                                                the public interest; (ii) for the protection
                                                    accordance with Section 204.00. Notice should be        burden on competition; and (iii) become
                                                    given as soon as possible after declaration and in      operative for 30 days from the date on                    of investors; or (iii) otherwise in
                                                    any event, no later than simultaneously with the
                                                    announcement to the news media. The notice
                                                                                                            which it was filed, or such shorter time
                                                                                                                                                                      the proposed rule change, along with a brief
                                                    should include:                                         as the Commission may designate, it has                   description and the text of the proposed rule
                                                       *          *         *          *         *          become effective pursuant to Section                      change, at least five business days prior to the date
                                                       9 See Footnote 4 [sic] above.                        19(b)(3)(A)(iii) of the Act 14 and                        of filing of the proposed rule change, or such
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       10 The following is the text of Version A:
                                                                                                            subparagraph (f)(6) of Rule 19b–4                         shorter time as designated by the Commission. The
                                                       Prompt notice is required to be given to the                                                                   Commission has determined to waive the five-day
                                                                                                            thereunder.15                                             prefiling period in this case.
                                                    Exchange of the fixing of a date for the taking of
                                                                                                                                                                         16 17 CFR 240.19b–4(f)(6).
                                                    a record of shareholders, or for the closing of
                                                                                                              12 15  U.S.C. 78f(b).                                      17 17 CFR 240.19b–4(f)(6)(iii).
                                                    transfer books (in respect of a listed security), for
                                                                                                              13 15  U.S.C. 78f(b)(5).
                                                    any purpose. The notice should state the purpose                                                                     18 For purposes only of waiving the 30-day

                                                    or purposes for which the record date has been            14 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                      operative delay, the Commission has also
                                                    fixed. This notice should be provided to the              15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–       considered the proposed rule’s impact on
                                                    Exchange in accordance with Section 204.00.             4(f)(6) requires a self-regulatory organization to give   efficiency, competition, and capital formation. See
                                                       11 See Footnote 4 [sic] above.                       the Commission written notice of its intent to file       15 U.S.C. 78c(f).



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                                                    42714                     Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices

                                                    furtherance of the purposes of the Act.                   For the Commission, by the Division of                  The Interest Rates are:
                                                    If the Commission takes such action, the                Trading and Markets, pursuant to delegated
                                                    Commission shall institute proceedings                  authority.19                                                                                             Percent
                                                    to determine whether the proposed rule                  Eduardo A. Aleman,
                                                                                                            Assistant Secretary.                                   For Physical Damage:
                                                    should be approved or disapproved.
                                                                                                                                                                     Non-Profit Organizations with
                                                                                                            [FR Doc. 2017–19107 Filed 9–8–17; 8:45 am]
                                                    IV. Solicitation of Comments                                                                                       Credit Available Elsewhere ...                   2.500
                                                                                                            BILLING CODE 8011–01–P                                   Non-Profit Organizations with-
                                                       Interested persons are invited to                                                                               out Credit Available Else-
                                                    submit written data, views, and                                                                                    where .....................................      2.500
                                                    arguments concerning the foregoing,                     SMALL BUSINESS ADMINISTRATION                          For Economic Injury:
                                                    including whether the proposed rule                                                                              Non-Profit Organizations with-
                                                    change, as modified by Amendment No.                    [Disaster Declaration #15291 and #15292;                   out Credit Available Else-
                                                    1, is consistent with the Act. Comments                 Texas Disaster Number TX–00488]                            where .....................................      2.500
                                                    may be submitted by any of the
                                                    following methods:                                      Presidential Declaration of a Major                      The number assigned to this disaster
                                                                                                            Disaster for Public Assistance Only for                for physical damage is 152918 and for
                                                    Electronic Comments                                     the State of Texas                                     economic injury is 152920.
                                                      • Use the Commission’s Internet                       AGENCY: U.S. Small Business                            (Catalog of Federal Domestic Assistance
                                                    comment form (http://www.sec.gov/                                                                              Number 59008)
                                                                                                            Administration.
                                                    rules/sro.shtml); or
                                                                                                            ACTION: Notice.                                        James E. Rivera,
                                                      • Send an email to rule-comments@
                                                    sec.gov. Please include File Number SR–                                                                        Associate Administrator for Disaster
                                                                                                            SUMMARY:   This is a Notice of the
                                                    NYSE–2017–43 on the subject line.                                                                              Assistance.
                                                                                                            Presidential declaration of a major
                                                                                                                                                                   [FR Doc. 2017–19126 Filed 9–8–17; 8:45 am]
                                                    Paper Comments                                          disaster for Public Assistance Only for
                                                                                                                                                                   BILLING CODE 8025–01–P
                                                                                                            the State of Texas (FEMA–4332–DR),
                                                       • Send paper comments in triplicate                  dated 09/04/2017.
                                                    to Secretary, Securities and Exchange                     Incident: Hurricane Harvey.
                                                    Commission, 100 F Street NE.,                                                                                  SMALL BUSINESS ADMINISTRATION
                                                                                                              Incident Period: 08/23/2017 and
                                                    Washington, DC 20549–1090.                              continuing.                                            [Disaster Declaration #15274 and #15275;
                                                    All submissions should refer to File                                                                           TEXAS Disaster Number TX–00487]
                                                                                                            DATES:   Issued on 09/04/2017.
                                                    Number SR–NYSE–2017–43. This file
                                                                                                               Physical Loan Application Deadline                  Presidential Declaration Amendment of
                                                    number should be included on the
                                                                                                            Date: 11/03/2017.                                      a Major Disaster for the State of Texas
                                                    subject line if email is used. To help the
                                                                                                               Economic Injury (EIDL) Loan
                                                    Commission process and review your                                                                             AGENCY: U.S. Small Business
                                                                                                            Application Deadline Date: 06/04/2018.
                                                    comments more efficiently, please use                                                                          Administration.
                                                    only one method. The Commission will                    ADDRESSES: Submit completed loan
                                                                                                                                                                   ACTION: Amendment 3.
                                                    post all comments on the Commission’s                   applications to: U.S. Small Business
                                                    Internet Web site (http://www.sec.gov/                  Administration, Processing and                         SUMMARY:   This is an amendment of the
                                                    rules/sro.shtml). Copies of the                         Disbursement Center, 14925 Kingsport                   Presidential declaration of a major
                                                    submission, all subsequent                              Road, Fort Worth, TX 76155.                            disaster for the State of TEXAS (FEMA–
                                                    amendments, all written statements                      FOR FURTHER INFORMATION CONTACT: A.                    4332–DR), dated August 25, 2017.
                                                    with respect to the proposed rule                       Escobar, Office of Disaster Assistance,                DATES: Issued on 09/01/2017.
                                                    change that are filed with the                          U.S. Small Business Administration,                       Physical Loan Application Deadline
                                                    Commission, and all written                             409 3rd Street SW., Suite 6050,                        Date: 10/24/2017.
                                                    communications relating to the                          Washington, DC 20416, (202) 205–6734.                     Economic Injury (EIDL) Loan
                                                    proposed rule change between the                        SUPPLEMENTARY INFORMATION: Notice is                   Application Deadline Date: 05/25/2018.
                                                    Commission and any person, other than                   hereby given that as a result of the                   ADDRESS: Submit completed loan
                                                    those that may be withheld from the                     President’s major disaster declaration on              applications to: U.S. Small Business
                                                    public in accordance with the                           09/04/2017, Private Non-Profit                         Administration, Processing and
                                                    provisions of 5 U.S.C. 552, will be                     organizations that provide essential                   Disbursement Center, 14925 Kingsport
                                                    available for Web site viewing and                      services of a governmental nature may                  Road, Fort Worth, TX 76155.
                                                    printing in the Commission’s Public                     file disaster loan applications at the                 FOR FURTHER INFORMATION CONTACT: A.
                                                    Reference Room, 100 F Street NE.,                       address listed above or other locally                  Escobar, Office of Disaster Assistance,
                                                    Washington, DC 20549, on official                       announced locations.                                   U.S. Small Business Administration,
                                                    business days between the hours of                         The following areas have been                       409 3rd Street SW., Suite 6050,
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  determined to be adversely affected by                 Washington, DC 20416, (202) 205–6734.
                                                    filing also will be available for                       the disaster:                                          SUPPLEMENTARY INFORMATION: The notice
                                                    inspection and copying at the principal                 Primary Counties: Aransas, Brazoria,                   of the President’s major disaster
                                                    office of the Exchange. All comments                       Calhoun, Chambers, Colorado,                        declaration for the State of TEXAS,
                                                    received will be posted without change;
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                               Fayette, Fort Bend, Galveston, Goliad,              dated 08/25/2017, is hereby amended to
                                                    the Commission does not edit personal                      Hardin, Harris, Jackson, Jasper,                    include the following areas as adversely
                                                    identifying information from                               Jefferson, Liberty, Matagorda,                      affected by the disaster:
                                                    submissions. You should submit only                        Montgomery, Newton, Nueces,                            Incident: Hurricane Harvey.
                                                    information that you wish to make                          Orange, Polk, San Jacinto, San                         Incident Period: 08/23/2017 and
                                                    available publicly. All submissions                        Patricio, Tyler, Victoria, Walker,                  continuing.
                                                    should refer to File Number SR–NYSE–                       Waller, Wharton                                     Primary Counties (Physical Damage and
                                                    2017–43, and should be submitted on or                                                                              Economic Injury Loans): Polk,
                                                    before October 2, 2017.                                   19 17   CFR 200.30–3(a)(12).                              Tyler, Walker


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Document Created: 2017-09-09 00:04:00
Document Modified: 2017-09-09 00:04:00
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 42712 

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