82_FR_44867 82 FR 44683 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Rules To Make Technical and Conforming Updates, in Connection With the Merger of NYSE Arca Equities, Inc. With and Into the Exchange's Affiliate NYSE Arca, Inc. and the Name Change of NYSE National, Inc.

82 FR 44683 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Rules To Make Technical and Conforming Updates, in Connection With the Merger of NYSE Arca Equities, Inc. With and Into the Exchange's Affiliate NYSE Arca, Inc. and the Name Change of NYSE National, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 184 (September 25, 2017)

Page Range44683-44685
FR Document2017-20361

Federal Register, Volume 82 Issue 184 (Monday, September 25, 2017)
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44683-44685]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20361]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81651; File No. SR-NYSEAMER-2017-14]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Amending Its 
Rules To Make Technical and Conforming Updates, in Connection With the 
Merger of NYSE Arca Equities, Inc. With and Into the Exchange's 
Affiliate NYSE Arca, Inc. and the Name Change of NYSE National, Inc.

September 19, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'' or ``Exchange Act'') \2\ and Rule 19b-4 
thereunder,\3\ notice is hereby given that, on September 6, 2017, NYSE 
American LLC (the ``Exchange'' or ``NYSE American'') filed with the 
Securities and Exchange Commission (the ``Commission'') the proposed 
rule change as described in Items I and II, below, which Items have 
been prepared by the self-regulatory organization. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
---------------------------------------------------------------------------

    \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 amend its rules to make technical and 
conforming updates, in connection with (a) the merger of NYSE Arca 
Equities, Inc. with and into the Exchange's affiliate NYSE Arca, Inc., 
and (b) the name change of NYSE National, Inc.
    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.

[[Page 44684]]

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 its rules to make technical and 
conforming updates in connection with (a) the merger of NYSE Arca 
Equities, Inc. (``NYSE Arca Equities'') with and into the Exchange's 
affiliate NYSE Arca, Inc. (``NYSE Arca''), and (b) the name change of 
NYSE National, Inc.\4\
---------------------------------------------------------------------------

    \4\ The Exchange originally filed the proposed changes on August 
25, 2017 (SR-NYSEAmer-2017-09). SR-NYSEAmer-2017-09 was subsequently 
withdrawn on September 6, 2017 and replaced by this filing.
---------------------------------------------------------------------------

Background
    On June 2, 2017, the Exchange's affiliate, NYSE Arca, filed rule 
changes with the Commission in connection with the proposed merger of 
NYSE Arca's wholly-owned subsidiary, NYSE Arca Equities, with and into 
NYSE Arca (the ``Merger'').\5\ The proposed changes were approved by 
the Commission on August 17, 2017, and the Merger occurred on that same 
date.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 80929 (June 14, 
2017), 82 FR 28157 (June 20, 2017) (SR-NYSEArca-2017-40).
    \6\ See Securities Exchange Act Release No. 81419 (August 17, 
2017), 82 FR 40044 (August 23, 2017) (SR-NYSEArca-2017-40).
---------------------------------------------------------------------------

    Prior to the Merger, NYSE Arca had two rulebooks: The NYSE Arca 
rules for its options market and the NYSE Arca Equities rules for its 
equities market. At the Merger, the NYSE Arca Equities rules were 
integrated into the NYSE Arca rules, so that there is now one NYSE Arca 
rulebook.\7\ As part of such integration, some of the NYSE Arca rules 
were renumbered. Accordingly, the Exchange proposes to amend certain of 
its rules, as detailed below, to make technical and conforming updates 
to its rules that cross reference the NYSE Arca rules and delete 
references to the NYSE Arca Equities rules.
---------------------------------------------------------------------------

    \7\ See id. at 40044.
---------------------------------------------------------------------------

    In January 2017, the Exchange's parent NYSE Group, Inc. acquired 
all the capital stock of National Stock Exchange, Inc., which was 
renamed ``NYSE National, Inc.'' \8\ The Exchange proposes to update a 
reference to National Stock Exchange, Inc. found in the Exchange's 
rules to reflect the new name of such entity, NYSE National, Inc.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 79902 (January 30, 
2017), 82 FR 9258 (February 3, 2017) (SR-NSX-2016-16).
---------------------------------------------------------------------------

Proposed Rule Changes
     In Exchange Rule 5.2E(j) (Exchange Traded Products), the 
Exchange proposes to update the cross references to NYSE Arca Equities 
Rule 5.2(j)(1) by deleting the word ``Equities'' from the term ``NYSE 
Arca Equities Rule'' and appending an ``-E'' to the end of the rule 
number. The new cross reference would be to ``NYSE Arca Rule 5.2-
E(j)(1).''
     In Rule 6.3E (Prevention of the Misuse of Material, 
Nonpublic Information), the Exchange proposes to update the references 
to NYSE Arca Equities Rules 5E and 8E by deleting the word ``Equities'' 
from the term ``NYSE Arca Equities Rules'' and inserting the dash 
between the rule number and the ``E.'' The new reference would be to 
``NYSE Arca Rules 5-E and 8-E.''
     Lastly, the Exchange proposes to replace ``National Stock 
Exchange, LLC'' with ``NYSE National, Inc.'' in Rule 7.37E (Order 
Execution and Ranking).
    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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The proposed rule change is a non-substantive change and does not 
impact the governance or ownership of the Exchange. The Exchange 
believes that the proposed rule change would enable the Exchange to 
continue to be so organized as to have the capacity to carry out the 
purposes of the Exchange Act and comply and enforce compliance with the 
provisions of the Exchange Act by its members and persons associated 
with its members, because ensuring that the rules accurately cross 
reference the rules of NYSE Arca and the name of NYSE National, Inc. 
would contribute to the orderly operation of the Exchange by adding 
clarity and transparency to its rules.
    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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    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 its rules. The Exchange 
believes that, by ensuring that such rules accurately cross-reference 
the rules of NYSE Arca and the name of NYSE National, Inc., the 
proposed rule change would reduce potential investor or market 
participant confusion.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
not intended to address competitive issues but rather is concerned 
solely with updating the rules to reflect its affiliate's merger and 
integrated rulebook.

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 foregoing proposed rule change is concerned solely with the 
administration of the Exchange pursuant to Section 19(b)(3)(A) \12\ of 
the Act 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 public 
interest, for the protection of investors, or otherwise in furtherance 
of the purposes of the Act.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule

[[Page 44685]]

change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEAMER-2017-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2017-14. 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-NYSEAMER-2017-14 and should 
be submitted on or before October 16, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-20361 Filed 9-22-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices                                                44683

                                                    general partner or non-resident                               OMB Control No. 3235–0618                       SECURITIES AND EXCHANGE
                                                    managing agent of an SEC-registered                                                                           COMMISSION
                                                    adviser and of an exempt reporting                         Notice is hereby given that, pursuant
                                                                                                            to the Paperwork Reduction Act of 1995                [Release No. 34–81651; File No. SR–
                                                    adviser. The Commission has estimated                                                                         NYSEAMER–2017–14]
                                                    that compliance with the requirement to                 (44 U.S.C. 3501 et seq.), the Securities
                                                    complete Form ADV–NR imposes a total                    and Exchange Commission
                                                                                                                                                                  Self-Regulatory Organizations; NYSE
                                                    burden of approximately 1.0 hour for an                 (‘‘Commission’’) has submitted to the
                                                                                                                                                                  American LLC; Notice of Filing and
                                                    adviser. Based on our experience with                   Office of Management and Budget this                  Immediate Effectiveness of Proposed
                                                    these filings, we estimate that we will                 request for extension of the previously               Rule Change Amending Its Rules To
                                                    receive 36 Form ADV–NR filings                          approved collection of information                    Make Technical and Conforming
                                                    annually. Based on the 1.0 hour per                     discussed below.                                      Updates, in Connection With the
                                                    respondent estimate, the Commission                        Securities Act Rule 173 (17 CFR                    Merger of NYSE Arca Equities, Inc.
                                                    staff estimates a total annual burden of                230.173) provides a notice of                         With and Into the Exchange’s Affiliate
                                                    36 hours for this collection of                         registration to investors who purchased               NYSE Arca, Inc. and the Name Change
                                                    information.                                            securities in a registered offering under             of NYSE National, Inc.
                                                       Rule 0–2 and Form ADV–NR do not                      the Securities Act of 1933 (15 U.S.C. 77a
                                                    require recordkeeping or records                                                                              September 19, 2017.
                                                                                                            et seq.). A Rule 173 notice must be                      Pursuant to Section 19(b)(1) 1 of the
                                                    retention. The collection of information
                                                                                                            provided by each underwriter or dealer                Securities Exchange Act of 1934 (the
                                                    requirements under the rule and form is
                                                    mandatory. The information collected                    to each investor who purchased                        ‘‘Act’’ or ‘‘Exchange Act’’) 2 and Rule
                                                    pursuant to the rule and Form ADV–NR                    securities from the underwriter or                    19b–4 thereunder,3 notice is hereby
                                                    is a filing with the Commission. This                   dealer. The Rule 173 notice is not                    given that, on September 6, 2017, NYSE
                                                    filing is not kept confidential and must                publicly available. We estimate that it               American LLC (the ‘‘Exchange’’ or
                                                    be preserved until at least three years                 takes approximately 0.0167 hour per                   ‘‘NYSE American’’) filed with the
                                                    after termination of the enterprise. An                 response to provide the information                   Securities and Exchange Commission
                                                    agency may not conduct or sponsor, and                  required under Rule 173 and that the                  (the ‘‘Commission’’) the proposed rule
                                                    a person is not required to respond to,                 information is filed by approximately                 change as described in Items I and II,
                                                    a collection of information unless it                   5,338 respondents approximately 43,546                below, which Items have been prepared
                                                    displays a currently valid control                      times a year for a total of 232,448,548               by the self-regulatory organization. The
                                                    number.                                                 responses. We estimate that the total                 Commission is publishing this notice to
                                                       The public may view the background                   annual reporting burden for Rule 173 is               solicit comments on the proposed rule
                                                    documentation for this information                      3,881,891 hours (0.0167 hours per                     change from interested persons.
                                                    collection at the following Web site,                   response × 232,448,548 responses).                    I. Self-Regulatory Organization’s
                                                    www.reginfo.gov. Comments should be                        An agency may not conduct or                       Statement of the Terms of Substance of
                                                    directed to: (i) Desk Officer for the                                                                         the Proposed Rule Change
                                                                                                            sponsor, and a person is not required to
                                                    Securities and Exchange Commission,
                                                                                                            respond to, a collection of information                  The Exchange proposes to amend its
                                                    Office of Information and Regulatory
                                                                                                            unless it displays a currently valid                  rules to make technical and conforming
                                                    Affairs, Office of Management and
                                                    Budget, Room 10102, New Executive                       control number.                                       updates, in connection with (a) the
                                                    Office Building, Washington, DC 20503,                     The public may view the background                 merger of NYSE Arca Equities, Inc. with
                                                    or by sending an email to: Shagufta_                    documentation for this information                    and into the Exchange’s affiliate NYSE
                                                    Ahmed@omb.eop.gov; and (ii) Pamela                      collection at the following Web site,                 Arca, Inc., and (b) the name change of
                                                    Dyson, Director/Chief Information                       www.reginfo.gov . Comments should be                  NYSE National, Inc.
                                                    Officer, Securities and Exchange                        directed to: (i) Desk Officer for the                    The proposed change is available on
                                                    Commission, c/o Remi Pavlik-Simon,                                                                            the Exchange’s Web site at
                                                                                                            Securities and Exchange Commission,
                                                    100 F Street NE., Washington, DC 20549                                                                        www.nyse.com, at the principal office of
                                                                                                            Office of Information and Regulatory
                                                    or send an email to: PRA_Mailbox@                                                                             the Exchange, and at the Commission’s
                                                                                                            Affairs, Office of Management and
                                                    sec.gov. Comments must be submitted to                                                                        Public Reference Room.
                                                                                                            Budget, Room 10102, New Executive
                                                    OMB within 30 days of this notice.                      Office Building, Washington, DC 20503,                II. Self-Regulatory Organization’s
                                                      Dated: September 19, 2017.                            or by sending an email to: Shagufta_                  Statement of the Purpose of, and
                                                    Eduardo A. Aleman,                                      Ahmed@omb.eop.gov; and (ii) Pamela                    Statutory Basis for, the Proposed Rule
                                                    Assistant Secretary.                                    Dyson, Director/Chief Information                     Change
                                                    [FR Doc. 2017–20358 Filed 9–22–17; 8:45 am]             Officer, Securities and Exchange                         In its filing with the Commission, the
                                                    BILLING CODE 8011–01–P                                  Commission, c/o Remi Pavlik-Simon,                    self-regulatory organization included
                                                                                                            100 F Street NE., Washington DC 20549                 statements concerning the purpose of,
                                                                                                            or send an email to: PRA_Mailbox@                     and basis for, the proposed rule change
                                                    SECURITIES AND EXCHANGE                                 sec.gov. Comments must be submitted to                and discussed any comments it received
                                                    COMMISSION                                              OMB within 30 days of this notice.                    on the proposed rule change. The text
                                                                                                                                                                  of those statements may be examined at
                                                                                                              Dated: September 19, 2017.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Submission for OMB Review;                                                                                    the places specified in Item IV below.
                                                    Comment Request                                         Eduardo A. Aleman,                                    The Exchange has prepared summaries,
                                                                                                            Assistant Secretary.                                  set forth in sections A, B, and C below,
                                                    Upon Written Request Copies Available
                                                                                                            [FR Doc. 2017–20360 Filed 9–22–17; 8:45 am]           of the most significant parts of such
                                                     From: Securities and Exchange
                                                                                                            BILLING CODE 8011–01–P                                statements.
                                                     Commission Office of FOIA Services
                                                     100 F Street NE., Washington, DC                                                                               1 15 U.S.C. 78s(b)(1).
                                                     20549–2736                                                                                                     2 15 U.S.C. 78a.
                                                    Extension: Rule 173, SEC File No. 270–557,                                                                      3 17 CFR 240.19b–4.




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                                                    44684                     Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices

                                                    A. Self-Regulatory Organization’s                       proposes to update the cross references               and coordination with persons engaged
                                                    Statement of the Purpose of, and the                    to NYSE Arca Equities Rule 5.2(j)(1) by               in facilitating transactions in securities,
                                                    Statutory Basis for, the Proposed Rule                  deleting the word ‘‘Equities’’ from the               to remove impediments to and perfect
                                                    Change                                                  term ‘‘NYSE Arca Equities Rule’’ and                  the mechanism of a free and open
                                                                                                            appending an ‘‘–E’’ to the end of the                 market and a national market system
                                                    1. Purpose
                                                                                                            rule number. The new cross reference                  and, in general, to protect investors and
                                                       The Exchange proposes to amend its                   would be to ‘‘NYSE Arca Rule 5.2–                     the public interest.
                                                    rules to make technical and conforming                  E(j)(1).’’                                              The Exchange believes that the
                                                    updates in connection with (a) the                         • In Rule 6.3E (Prevention of the                  proposed rule change would remove
                                                    merger of NYSE Arca Equities, Inc.                      Misuse of Material, Nonpublic                         impediments to and perfect the
                                                    (‘‘NYSE Arca Equities’’) with and into                  Information), the Exchange proposes to                mechanism of a free and open market
                                                    the Exchange’s affiliate NYSE Arca, Inc.                update the references to NYSE Arca                    and a national market system by
                                                    (‘‘NYSE Arca’’), and (b) the name                       Equities Rules 5E and 8E by deleting the              ensuring that market participants can
                                                    change of NYSE National, Inc.4                          word ‘‘Equities’’ from the term ‘‘NYSE                more easily navigate, understand and
                                                    Background                                              Arca Equities Rules’’ and inserting the               comply with its rules. The Exchange
                                                                                                            dash between the rule number and the                  believes that, by ensuring that such
                                                       On June 2, 2017, the Exchange’s                      ‘‘E.’’ The new reference would be to                  rules accurately cross-reference the
                                                    affiliate, NYSE Arca, filed rule changes                ‘‘NYSE Arca Rules 5–E and 8–E.’’                      rules of NYSE Arca and the name of
                                                    with the Commission in connection                          • Lastly, the Exchange proposes to                 NYSE National, Inc., the proposed rule
                                                    with the proposed merger of NYSE                        replace ‘‘National Stock Exchange, LLC’’              change would reduce potential investor
                                                    Arca’s wholly-owned subsidiary, NYSE                    with ‘‘NYSE National, Inc.’’ in Rule                  or market participant confusion.
                                                    Arca Equities, with and into NYSE Arca                  7.37E (Order Execution and Ranking).
                                                    (the ‘‘Merger’’).5 The proposed changes                    None of the foregoing changes are                  B. Self-Regulatory Organization’s
                                                    were approved by the Commission on                      substantive.                                          Statement on Burden on Competition
                                                    August 17, 2017, and the Merger                                                                                 The Exchange does not believe that
                                                    occurred on that same date.6                            2. Statutory Basis
                                                                                                                                                                  the proposed rule change will impose
                                                       Prior to the Merger, NYSE Arca had                      The Exchange believes that the                     any burden on competition that is not
                                                    two rulebooks: The NYSE Arca rules for                  proposed rule change is consistent with               necessary or appropriate in furtherance
                                                    its options market and the NYSE Arca                    Section 6(b) of the Exchange Act,9 in                 of the purposes of the Act. The
                                                    Equities rules for its equities market. At              general, and with Section 6(b)(1) 10 in               proposed rule change is not intended to
                                                    the Merger, the NYSE Arca Equities                      particular, in that it enables the                    address competitive issues but rather is
                                                    rules were integrated into the NYSE                     Exchange to be so organized as to have                concerned solely with updating the
                                                    Arca rules, so that there is now one                    the capacity to be able to carry out the              rules to reflect its affiliate’s merger and
                                                    NYSE Arca rulebook.7 As part of such                    purposes of the Exchange Act and to                   integrated rulebook.
                                                    integration, some of the NYSE Arca                      comply, and to enforce compliance by
                                                    rules were renumbered. Accordingly,                     its exchange members and persons                      C. Self-Regulatory Organization’s
                                                    the Exchange proposes to amend certain                  associated with its exchange members,                 Statement on Comments on the
                                                    of its rules, as detailed below, to make                with the provisions of the Exchange Act,              Proposed Rule Change Received From
                                                    technical and conforming updates to its                 the rules and regulations thereunder,                 Members, Participants, or Others
                                                    rules that cross reference the NYSE Arca                and the rules of the Exchange.                          No written comments were solicited
                                                    rules and delete references to the NYSE                    The proposed rule change is a non-                 or received with respect to the proposed
                                                    Arca Equities rules.                                    substantive change and does not impact                rule change.
                                                       In January 2017, the Exchange’s                      the governance or ownership of the
                                                    parent NYSE Group, Inc. acquired all                    Exchange. The Exchange believes that                  III. Date of Effectiveness of the
                                                    the capital stock of National Stock                     the proposed rule change would enable                 Proposed Rule Change and Timing for
                                                    Exchange, Inc., which was renamed                       the Exchange to continue to be so                     Commission Action
                                                    ‘‘NYSE National, Inc.’’ 8 The Exchange                                                                           The foregoing proposed rule change is
                                                                                                            organized as to have the capacity to
                                                    proposes to update a reference to                                                                             concerned solely with the
                                                                                                            carry out the purposes of the Exchange
                                                    National Stock Exchange, Inc. found in
                                                                                                            Act and comply and enforce compliance                 administration of the Exchange
                                                    the Exchange’s rules to reflect the new
                                                                                                            with the provisions of the Exchange Act               pursuant to Section 19(b)(3)(A) 12 of the
                                                    name of such entity, NYSE National,
                                                                                                            by its members and persons associated                 Act and Rule 19b–4(f)(3) 13 thereunder.
                                                    Inc.
                                                                                                            with its members, because ensuring that               At any time within 60 days of the filing
                                                    Proposed Rule Changes                                   the rules accurately cross reference the              of the proposed rule change, the
                                                      • In Exchange Rule 5.2E(j) (Exchange                  rules of NYSE Arca and the name of                    Commission summarily may
                                                    Traded Products), the Exchange                          NYSE National, Inc. would contribute to               temporarily suspend such rule change if
                                                                                                            the orderly operation of the Exchange by              it appears to the Commission that such
                                                       4 The Exchange originally filed the proposed         adding clarity and transparency to its                action is necessary or appropriate in the
                                                    changes on August 25, 2017 (SR–NYSEAmer–2017–           rules.                                                public interest, for the protection of
                                                    09). SR–NYSEAmer–2017–09 was subsequently                  For similar reasons, the Exchange also             investors, or otherwise in furtherance of
                                                    withdrawn on September 6, 2017 and replaced by          believes that the proposed rule change
                                                    this filing.
                                                                                                                                                                  the purposes of the Act.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       5 See Securities Exchange Act Release No. 80929      is consistent with Section 6(b)(5) of the
                                                                                                            Act,11 in that it is designed to prevent              IV. Solicitation of Comments
                                                    (June 14, 2017), 82 FR 28157 (June 20, 2017) (SR–
                                                    NYSEArca–2017–40).                                      fraudulent and manipulative acts and                    Interested persons are invited to
                                                       6 See Securities Exchange Act Release No. 81419
                                                                                                            practices, to promote just and equitable              submit written data, views, and
                                                    (August 17, 2017), 82 FR 40044 (August 23, 2017)                                                              arguments concerning the foregoing,
                                                    (SR–NYSEArca–2017–40).
                                                                                                            principles of trade, to foster cooperation
                                                       7 See id. at 40044.                                                                                        including whether the proposed rule
                                                       8 See Securities Exchange Act Release No. 79902        9 15 U.S.C. 78f(b).
                                                                                                              10 15 U.S.C. 78f(b)(1).                               12 15   U.S.C. 78s(b)(3)(A).
                                                    (January 30, 2017), 82 FR 9258 (February 3, 2017)
                                                    (SR–NSX–2016–16).                                         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. 184 / Monday, September 25, 2017 / Notices                                              44685

                                                    change is consistent with the Act.                        SECURITIES AND EXCHANGE                               (‘‘TS Capital III’’); Tower Square Capital
                                                    Comments may be submitted by any of                       COMMISSION                                            Partners III–A, L.P. (‘‘TS Capital III–A’’);
                                                    the following methods:                                                                                          Tower Square Capital Partners II–B, L.P.
                                                                                                              [Investment Company Act Release No.
                                                                                                                                                                    (‘‘TS Capital III–B’’); Tower Square III
                                                    Electronic Comments                                       32822; File No. 812–14689]
                                                                                                                                                                    Holdings 08–1, Inc. (‘‘TS Holdings 08–
                                                       • Use the Commission’s Internet                        Barings Corporate Investors, et al.;                  1’’); Tower Square Capital Partners IV,
                                                    comment form (http://www.sec.gov/                         Notice of Application                                 L.P. (‘‘TS Capital IV’’); Tower Square
                                                    rules/sro.shtml); or                                                                                            Capital Partners IV–A, L.P. (‘‘TS Capital
                                                                                                              September 20, 2017.
                                                       • Send an email to rule-comments@                                                                            IV–A’’); Tower Square IV Holding 14–1,
                                                    sec.gov. Please include File Number SR–                   AGENCY:  Securities and Exchange                      Inc. (‘‘TS Holding 14–1’’); Barings
                                                    NYSEAMER–2017–14 on the subject                           Commission (‘‘Commission’’).                          Global Credit Fund (Lux) SCSp, SICAV–
                                                    line.                                                     ACTION: Notice of application for an                  SIF (‘‘Global Credit Fund’’ and, together
                                                                                                              order under Sections 17(d) and 57(i) of               with TS Capital, TSCP, TS Capital II, TS
                                                    Paper Comments                                            the Investment Company Act of 1940                    Capital II–A, TS Capital II–B, TS
                                                       • Send paper comments in triplicate                    (the ‘‘Act’’) and Rule 17d–1 under the                Holding 06–1, TS Capital III, TS Capital
                                                    to Secretary, Securities and Exchange                     Act permitting certain joint transactions             III–A, TS Capital III–B, TS Holdings 08–
                                                    Commission, 100 F Street NE.,                             otherwise prohibited by Sections 17(d)                1, TS Capital IV, TS Capital IV–A, TS
                                                    Washington, DC 20549–1090.                                and 57(a)(4) of the Act and Rule 17d–                 Holding 14–1, and BCF, the ‘‘Existing
                                                                                                              1 under the Act.                                      Private Funds’’ and, together with
                                                    All submissions should refer to File                                                                            MassMutual and C.M. Life, the
                                                    Number SR–NYSEAMER–2017–14. This                          SUMMARY OF APPLICATION:     Applicants                ‘‘Existing Affiliated Accounts’’.
                                                    file number should be included on the                     request an order to permit certain
                                                    subject line if email is used. To help the                closed-end investment companies and                   FILING DATES:The application was filed
                                                    Commission process and review your                        certain business development                          on August 12, 2016 and amended on
                                                    comments more efficiently, please use                     companies (‘‘BDCs’’) to co-invest in                  August 29, 2017.
                                                    only one method. The Commission will                      portfolio companies with each other and               HEARING OR NOTIFICATION OF HEARING:      An
                                                    post all comments on the Commission’s                     with affiliated investment funds.                     order granting the requested relief will
                                                    Internet Web site (http://www.sec.gov/                    APPLICANTS: Barings Corporate Investors               be issued unless the Commission orders
                                                    rules/sro.shtml). Copies of the                           (formerly, Babson Capital Corporate                   a hearing. Interested persons may
                                                    submission, all subsequent                                Investors) (‘‘MCI’’) and Barings                      request a hearing by writing to the
                                                    amendments, all written statements                        Participation Investors (formerly,                    Commission’s Secretary and serving
                                                    with respect to the proposed rule                         Babson Capital Participation Investors)               applicants with a copy of the request,
                                                    change that are filed with the                            (‘‘MPV’’ and together with MCI, the                   personally or by mail. Hearing requests
                                                    Commission, and all written                               ‘‘Existing Regulated Funds’’); CI                     should be received by the Commission
                                                    communications relating to the                            Subsidiary Trust (‘‘MCI Sub’’) and PI                 by 5:30 p.m. on October 16, 2017 and
                                                    proposed rule change between the                          Subsidiary Trust (‘‘MPV Sub’’);                       should be accompanied by proof of
                                                    Commission and any person, other than                     Massachusetts Mutual Life Insurance                   service on applicants, in the form of an
                                                    those that may be withheld from the                       Company and its successors 1                          affidavit or, for lawyers, a certificate of
                                                    public in accordance with the                             (‘‘MassMutual’’); C.M. Life Insurance                 service. Pursuant to Rule 0–5 under the
                                                    provisions of 5 U.S.C. 552, will be                       Company (‘‘C.M. Life’’); Barings Finance              Act, hearing requests should state the
                                                    available for Web site viewing and                        LLC (formerly, Babson Capital Finance                 nature of the writer’s interest, any facts
                                                    printing in the Commission’s Public                       LLC) (‘‘BCF’’); Barings LLC (formerly,                bearing upon the desirability of a
                                                    Reference Room, 100 F Street NE.,                         Babson Capital Management, LLC) and                   hearing on the matter, the reason for the
                                                    Washington, DC 20549 on official                          its successors (‘‘Barings’’) and any other            request, and the issues contested.
                                                    business days between the hours of                        person controlling, controlled by, or                 Persons who wish to be notified of a
                                                    10:00 a.m. and 3:00 p.m. Copies of the                    under common control with                             hearing may request notification by
                                                    filing also will be available for                         MassMutual or Barings that is registered              writing to the Commission’s Secretary.
                                                    inspection and copying at the principal                   as an investment adviser under the
                                                    office of the Exchange. All comments                      Investment Advisers Act of 1940, as                   ADDRESSES:  Brent J. Fields, Secretary,
                                                    received will be posted without change;                   amended (the ‘‘Advisers Act’’), and that              U.S. Securities and Exchange
                                                    the Commission does not edit personal                     serves as an investment adviser to any                Commission, 100 F St. NE., Washington,
                                                    identifying information from                              Regulated Fund (as defined below) or                  DC 20549–1090. Applicants: 300 S.
                                                    submissions. You should submit only                       any Affiliated Account (as defined                    Tryon Street, Suite 2500, Charlotte, NC
                                                    information that you wish to make                         below) relying on the requested order                 28202.
                                                    available publicly. All submissions                       (each an ‘‘Adviser’’ and together with                FOR FURTHER INFORMATION CONTACT:     Kyle
                                                    should refer to File Number SR–                           Barings, the ‘‘Advisers’’); Tower Square              R. Ahlgren, Senior Counsel, at (202)
                                                    NYSEAMER–2017–14 and should be                            Capital Partners, L.P. (‘‘TS Capital’’);              551–6857, or Holly L. Hunter-Ceci,
                                                    submitted on or before October 16,                        TSCP Selective, L.P. (‘‘TSCP’’); Tower                Assistant Chief Counsel, at (202) 551–
                                                    2017.                                                     Square Capital Partners II, L.P. (‘‘TS                6825.
                                                      For the Commission, by the Division of                  Capital II’’); Tower Square Capital
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                                                                                                              Partners II–A, L.P. (‘‘TS Capital II–A’’);            SUPPLEMENTARY INFORMATION:    The
                                                    Trading and Markets, pursuant to delegated                                                                      following is a summary of the
                                                    authority.14                                              Tower Square Capital Partners II–B, L.P.
                                                                                                              (‘‘TS Capital II–B’’); Tower Square II                application. The complete application
                                                    Eduardo A. Aleman,                                                                                              may be obtained via the Commission’s
                                                    Assistant Secretary.                                      Holding 06–1, Inc. (‘‘TS Holding 06–1’’);
                                                                                                              Tower Square Capital Partners III, L.P.               Web site by searching for the file
                                                    [FR Doc. 2017–20361 Filed 9–22–17; 8:45 am]                                                                     number, or for an applicant using the
                                                    BILLING CODE 8011–01–P
                                                                                                                1 The term ‘‘successor’’ means an entity that       Company name box, at http://
                                                                                                              results from a reorganization or change in the type   www.sec.gov/search/search.htm or by
                                                      14 17   CFR 200.30–3(a)(12).                            of business organization.                             calling (202) 551–8090.


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Document Created: 2018-10-24 14:41:12
Document Modified: 2018-10-24 14:41:12
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 44683 

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