82_FR_46514 82 FR 46323 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.23, Opening Process, and Rule 11.26, Usage of Data Feeds, To Reflect the Name Change of NYSE MKT to NYSE American

82 FR 46323 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.23, Opening Process, and Rule 11.26, Usage of Data Feeds, To Reflect the Name Change of NYSE MKT to NYSE American

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 191 (October 4, 2017)

Page Range46323-46325
FR Document2017-21277

Federal Register, Volume 82 Issue 191 (Wednesday, October 4, 2017)
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46323-46325]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21277]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81749; File No. SR-BatsBYX-2017-23]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
11.23, Opening Process, and Rule 11.26, Usage of Data Feeds, To Reflect 
the Name Change of NYSE MKT to NYSE American

September 28, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on September 25, 2017, Bats BYX Exchange, Inc. (the ``Exchange'' 
or ``BYX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange.

[[Page 46324]]

The Exchange has designated this proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and 
Rule 19b-4(f)(6)(iii) thereunder,\4\ which renders it effective upon 
filing with the Commission. 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend paragraph (c)(1) of Rule 
11.23, Opening Process, and paragraph (a) of Rule 11.26, Usage of Data 
Feeds, to reflect the name change of NYSE MKT to NYSE American.
    The text of the proposed rule change is available at the Exchange's 
Web site at www.bats.com, at the princiopal [sic] 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 Exchange 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 these 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On March 21, 2017, NYSE MKT LLC filed a proposed rule change to 
change its name to NYSE American LLC.\5\ The Exchange now proposes to 
replace references to NYSE MKT within its rules with NYSE American. In 
particular, the Exchange proposes to replace references to NYSE MKT 
with NYSE American in Rule 11.23(c)(1), Opening Process; and Rule 
11.26(a), Usage of Data Feeds. The Exchange does not proposes [sic] to 
amend the operation of these rules in any other respect.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 80283 (March 21, 
2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \6\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \7\ in particular, in that it is designed 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The non-substantive amendments to Rules 11.23(c)(1) and 11.26(a) 
are intended solely to reflect the name change from NYSE MKT to NYSE 
American. The proposed rule change, therefore, removes impediments to 
and perfects the mechanism of a free and open market and a national 
market system because it updates the rule to reflect the name change 
and does not alter the way in which orders in NYSE American listed 
securities are handled and routed.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
have any impact on competition as it affect competition [sic] as it is 
not designed to alter the way in which orders in NYSE American listed 
securities are handled and routed. It is simply intended to reflect the 
name change from NYSE MKT to NYSE American.

(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on 
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: (A) 
Significantly affect the protection of investors or the public 
interest; (B) impose any significant burden on competition; and (C) by 
its terms, 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) of the Act \8\ and 
paragraph (f)(6) of Rule 19b-4 thereunder,\9\ the Exchange has 
designated this rule filing as non-controversial. The Exchange has 
given the Commission written notice of its intent to file the proposed 
rule change, along with a brief description and 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    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: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in 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 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-BatsBYX-2017-23 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.
All submissions should refer to File Number SR-BatsBYX-2017-23. 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

[[Page 46325]]

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-BatsBYX-2017-23 and should be submitted on or before 
October 25, 2017.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21277 Filed 10-3-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices                                                 46323

                                                the software), but once the software is                 own. If the price were to become                      rules/sro.shtml). Copies of the
                                                developed, the incremental cost of                      unattractive, those firms would opt not               submission, all subsequent
                                                providing that software to an additional                to purchase the product. The net effect               amendments, all written statements
                                                user is typically small, or even zero                   of introducing this product into the                  with respect to the proposed rule
                                                (e.g., if the software can be downloaded                market is to make market sentiment                    change that are filed with the
                                                over the internet after being                           information more widely available to a                Commission, and all written
                                                purchased).38 It is costly to build and                 broader array of investors, and lower the             communications relating to the
                                                maintain a trading platform, but the                    cost of accessing such information,                   proposed rule change between the
                                                incremental cost of trading each                        thereby increasing market efficiency.                 Commission and any person, other than
                                                additional share on an existing platform,               For all of these reasons, the Exchange                those that may be withheld from the
                                                or of distributing an additional instance               does not believe that the proposed                    public in accordance with the
                                                of data, is very low. Market information                changes will impair competition in the                provisions of 5 U.S.C. 552, will be
                                                and executions are each produced                        financial markets.                                    available for Web site viewing and
                                                jointly (in the sense that the activities of                                                                  printing in the Commission’s Public
                                                trading and placing orders are the                      C. Self-Regulatory Organization’s                     Reference Room, 100 F Street NE.,
                                                source of the information that is                       Statement on Comments on the                          Washington, DC 20549, on official
                                                distributed) and are each subject to                    Proposed Rule Change Received From                    business days between the hours of
                                                significant scale economies.                            Members, Participants, or Others                      10:00 a.m. and 3:00 p.m. Copies of the
                                                   Competition among trading platforms                    No written comments were either                     filing also will be available for
                                                can be expected to constrain the                        solicited or received.                                inspection and copying at the principal
                                                aggregate return each platform earns                                                                          office of the Exchange. All comments
                                                from the sale of its joint products. The                III. Date of Effectiveness of the                     received will be posted without change;
                                                level of competition and contestability                 Proposed Rule Change and Timing for                   the Commission does not edit personal
                                                in the market is evident in the                         Commission Action                                     identifying information from
                                                numerous alternative venues that                           Within 45 days of the date of                      submissions. You should submit only
                                                compete for order flow, including SRO                   publication of this notice in the Federal             information that you wish to make
                                                markets, as well as internalizing BDs                   Register or within such longer period (i)             available publicly. All submissions
                                                and various forms of alternative trading                as the Commission may designate up to                 should refer to File Number SR–Phlx–
                                                systems (‘‘ATSs’’), including dark pools                90 days of such date if it finds such                 2017–74 and should be submitted on or
                                                and electronic communication networks                   longer period to be appropriate and                   before October 25, 2017.
                                                (‘‘ECNs’’). Each SRO market competes to                 publishes its reasons for so finding or                 For the Commission, by the Division of
                                                produce transaction reports via trade                   (ii) as to which the Exchange consents,               Trading and Markets, pursuant to delegated
                                                executions, and two FINRA-regulated                     the Commission shall: (a) by order                    authority.39
                                                TRFs compete to attract internalized                    approve or disapprove such proposed                   Eduardo A. Aleman,
                                                transaction reports. It is common for                   rule change, or (b) institute proceedings             Assistant Secretary.
                                                BDs to further and exploit this                         to determine whether the proposed rule                [FR Doc. 2017–21279 Filed 10–3–17; 8:45 am]
                                                competition by sending their order flow                 change should be disapproved.                         BILLING CODE 8011–01–P
                                                and transaction reports to multiple
                                                markets, rather than providing them all                 IV. Solicitation of Comments
                                                to a single market. Competitive markets                   Interested persons are invited to                   SECURITIES AND EXCHANGE
                                                for order flow, executions, and                         submit written data, views, and                       COMMISSION
                                                transaction reports provide pricing                     arguments concerning the foregoing,
                                                discipline for the inputs of proprietary                including whether the proposed rule                   [Release No. 34–81749; File No. SR–
                                                data products. The large number of                      change is consistent with the Act.                    BatsBYX–2017–23]
                                                SROs, TRFs, BDs, and ATSs that                          Comments may be submitted by any of                   Self-Regulatory Organizations; Bats
                                                currently produce proprietary data or                   the following methods:                                BYX Exchange, Inc.; Notice of Filing
                                                are currently capable of producing it
                                                                                                        Electronic Comments                                   and Immediate Effectiveness of a
                                                provides further pricing discipline for
                                                                                                                                                              Proposed Rule Change to Rule 11.23,
                                                proprietary data products. Each SRO,                      • Use the Commission’s Internet
                                                                                                                                                              Opening Process, and Rule 11.26,
                                                TRF, ATS, and BD is currently                           comment form (http://www.sec.gov/
                                                                                                                                                              Usage of Data Feeds, To Reflect the
                                                permitted to produce proprietary data                   rules/sro.shtml); or
                                                                                                          • Send an email to rule-comments@                   Name Change of NYSE MKT to NYSE
                                                products, and many currently do or
                                                                                                                                                              American
                                                have announced plans to do so,                          sec.gov. Please include File Number SR–
                                                including Nasdaq, NYSE, NYSE MKT,                       Phlx–2017–74 on the subject line.                     September 28, 2017.
                                                NYSE Arca, and the BATS exchanges.                                                                               Pursuant to Section 19(b)(1) of the
                                                   In this case, the proposed rule change               Paper Comments
                                                                                                                                                              Securities Exchange Act of 1934 (the
                                                enhances competition by introducing a                     • Send paper comments in triplicate                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                new product that increases transparency                 to Secretary, Securities and Exchange                 notice is hereby given that on
                                                into options transactions and                           Commission, 100 F Street NE.,                         September 25, 2017, Bats BYX
                                                democratizes information by providing                   Washington, DC 20549–1090.                            Exchange, Inc. (the ‘‘Exchange’’ or
                                                the benefits of sophisticated analytical                  All submissions should refer to File                ‘‘BYX’’) filed with the Securities and
                                                                                                        Number SR–Phlx–2017–74. This file
sradovich on DSK3GMQ082PROD with NOTICES




                                                techniques to firms without the                                                                               Exchange Commission (‘‘Commission’’)
                                                technology, staff or wherewithal to                     number should be included on the                      the proposed rule change as described
                                                conduct a comparable analysis on their                  subject line if email is used. To help the            in Items I and II below, which Items
                                                                                                        Commission process and review your                    have been prepared by the Exchange.
                                                   38 See William J. Baumol and Daniel G. Swanson,
                                                                                                        comments more efficiently, please use
                                                ‘‘The New Economy and Ubiquitous Competitive            only one method. The Commission will                    39 17 CFR 200.30–3(a)(12).
                                                Price Discrimination: Identifying Defensible Criteria
                                                of Market Power,’’ Antitrust Law Journal, Vol. 70,      post all comments on the Commission’s                   1 15 U.S.C. 78s(b)(1).
                                                No. 3 (2003).                                           Internet Web site (http://www.sec.gov/                  2 17 CFR 240.19b–4.




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                                                46324                      Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices

                                                The Exchange has designated this                        2. Statutory Basis                                     designated this rule filing as non-
                                                proposal as a ‘‘non-controversial’’                        The Exchange believes that its                      controversial. The Exchange has given
                                                proposed rule change pursuant to                        proposal is consistent with Section 6(b)               the Commission written notice of its
                                                Section 19(b)(3)(A) of the Act 3 and Rule               of the Act 6 in general, and furthers the              intent to file the proposed rule change,
                                                19b–4(f)(6)(iii) thereunder,4 which                     objectives of Section 6(b)(5) of the Act 7             along with a brief description and text
                                                renders it effective upon filing with the               in particular, in that it is designed to               of the proposed rule change at least five
                                                Commission. The Commission is                           promote just and equitable principles of               business days prior to the date of filing
                                                publishing this notice to solicit                       trade, to foster cooperation and                       of the proposed rule change, or such
                                                comments on the proposed rule change                    coordination with persons engaged in                   shorter time as designated by the
                                                from interested persons.                                facilitating transactions in securities, to            Commission.
                                                                                                        remove impediments to and perfect the                     At any time within 60 days of the
                                                I. Self-Regulatory Organization’s                                                                              filing of the proposed rule change, the
                                                Statement of the Terms of Substance of                  mechanism of a free and open market
                                                                                                        and a national market system and, in                   Commission summarily may
                                                the Proposed Rule Change                                                                                       temporarily suspend such rule change if
                                                                                                        general, to protect investors and the
                                                   The Exchange filed a proposal to                     public interest.                                       it appears to the Commission that such
                                                amend paragraph (c)(1) of Rule 11.23,                      The non-substantive amendments to                   action is: (1) Necessary or appropriate in
                                                Opening Process, and paragraph (a) of                   Rules 11.23(c)(1) and 11.26(a) are                     the public interest; (2) for the protection
                                                Rule 11.26, Usage of Data Feeds, to                     intended solely to reflect the name                    of investors; or (3) otherwise in
                                                reflect the name change of NYSE MKT                     change from NYSE MKT to NYSE                           furtherance of the purposes of the Act.
                                                to NYSE American.                                       American. The proposed rule change,                    If the Commission takes such action, the
                                                   The text of the proposed rule change                 therefore, removes impediments to and                  Commission shall institute proceedings
                                                is available at the Exchange’s Web site                 perfects the mechanism of a free and                   to determine whether the proposed rule
                                                at www.bats.com, at the princiopal [sic]                open market and a national market                      should be approved or disapproved.
                                                office of the Exchange, and at the                      system because it updates the rule to                  IV. Solicitation of Comments
                                                Commission’s Public Reference Room.                     reflect the name change and does not
                                                                                                        alter the way in which orders in NYSE                    Interested persons are invited to
                                                II. Self-Regulatory Organization’s                                                                             submit written data, views, and
                                                                                                        American listed securities are handled
                                                Statement of the Purpose of, and                                                                               arguments concerning the foregoing,
                                                                                                        and routed.
                                                Statutory Basis for, the Proposed Rule                                                                         including whether the proposed rule
                                                Change                                                  (B) Self-Regulatory Organization’s                     change is consistent with the Act.
                                                                                                        Statement on Burden on Competition                     Comments may be submitted by any of
                                                  In its filing with the Commission, the
                                                                                                           The Exchange does not believe that                  the following methods:
                                                Exchange included statements
                                                concerning the purpose of and basis for                 the proposed rule change will have any                 Electronic Comments
                                                the proposed rule change and discussed                  impact on competition as it affect
                                                                                                        competition [sic] as it is not designed to               • Use the Commission’s Internet
                                                any comments it received on the                                                                                comment form (http://www.sec.gov/
                                                proposed rule change. The text of these                 alter the way in which orders in NYSE
                                                                                                        American listed securities are handled                 rules/sro.shtml); or
                                                statements may be examined at the                                                                                • Send an email to rule-comments@
                                                places specified in Item IV below. The                  and routed. It is simply intended to
                                                                                                                                                               sec.gov. Please include File Number SR–
                                                Exchange has prepared summaries, set                    reflect the name change from NYSE
                                                                                                                                                               BatsBYX–2017–23 on the subject line.
                                                forth in Sections A, B, and C below, of                 MKT to NYSE American.
                                                the most significant parts of such                                                                             Paper Comments
                                                                                                        (C) Self-Regulatory Organization’s
                                                statements.                                             Statement on Comments on the                              • Send paper comments in triplicate
                                                (A) Self-Regulatory Organization’s                      Proposed Rule Change Received From                     to Brent J. Fields, Secretary, Securities
                                                Statement of the Purpose of, and                        Members, Participants or Others                        and Exchange Commission, 100 F Street
                                                Statutory Basis for, the Proposed Rule                                                                         NE., Washington, DC 20549–1090.
                                                                                                          The Exchange has neither solicited
                                                                                                                                                               All submissions should refer to File
                                                Change                                                  nor received written comments on the
                                                                                                                                                               Number SR–BatsBYX–2017–23. This
                                                1. Purpose                                              proposed rule change.
                                                                                                                                                               file number should be included on the
                                                                                                        III. Date of Effectiveness of the                      subject line if email is used. To help the
                                                   On March 21, 2017, NYSE MKT LLC
                                                                                                        Proposed Rule Change and Timing for                    Commission process and review your
                                                filed a proposed rule change to change
                                                                                                        Commission Action                                      comments more efficiently, please use
                                                its name to NYSE American LLC.5 The
                                                                                                           Because the foregoing proposed rule                 only one method. The Commission will
                                                Exchange now proposes to replace
                                                                                                        change does not: (A) Significantly affect              post all comments on the Commission’s
                                                references to NYSE MKT within its
                                                                                                        the protection of investors or the public              Internet Web site (http://www.sec.gov/
                                                rules with NYSE American. In
                                                                                                        interest; (B) impose any significant                   rules/sro.shtml). Copies of the
                                                particular, the Exchange proposes to
                                                                                                        burden on competition; and (C) by its                  submission, all subsequent
                                                replace references to NYSE MKT with
                                                                                                        terms, become operative for 30 days                    amendments, all written statements
                                                NYSE American in Rule 11.23(c)(1),
                                                                                                        from the date on which it was filed or                 with respect to the proposed rule
                                                Opening Process; and Rule 11.26(a),
                                                                                                        such shorter time as the Commission                    change that are filed with the
                                                Usage of Data Feeds. The Exchange does
                                                                                                        may designate it has become effective                  Commission, and all written
                                                not proposes [sic] to amend the
                                                                                                                                                               communications relating to the
sradovich on DSK3GMQ082PROD with NOTICES




                                                operation of these rules in any other                   pursuant to Section 19(b)(3)(A) of the
                                                                                                        Act 8 and paragraph (f)(6) of Rule                     proposed rule change between the
                                                respect.
                                                                                                        19b–4 thereunder,9 the Exchange has                    Commission and any person, other than
                                                  3 15
                                                                                                                                                               those that may be withheld from the
                                                       U.S.C. 78s(b)(3)(A).
                                                  4 17                                                    6 15 U.S.C. 78f(b).                                  public in accordance with the
                                                       CFR 240.19b–4(f)(6)(iii).
                                                  5 See Securities Exchange Act Release No. 80283         7 15 U.S.C. 78f(b)(5).                               provisions of 5 U.S.C. 552, will be
                                                (March 21, 2017), 82 FR 15244 (March 27, 2017)            8 15 U.S.C. 78s(b)(3)(A).                            available for Web site viewing and
                                                (SR–NYSEMKT–2017–14).                                     9 17 CFR 240.19b–4.                                  printing in the Commission’s Public


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                                                                           Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices                                                         46325

                                                Reference Room, 100 F Street NE.,                       applicable to Equity Index-Linked                            Equity Index-Linked Securities are
                                                Washington, DC 20549, on official                       Securities. The proposed rule change is                   securities that provide for the payment
                                                business days between the hours of                      available on the Exchange’s Web site at                   at maturity (or earlier redemption) based
                                                10:00 a.m. and 3:00 p.m. Copies of the                  www.nyse.com, at the principal office of                  on the performance of an underlying
                                                filing also will be available for                       the Exchange, and at the Commission’s                     index or indexes of equity securities,
                                                inspection and copying at the principal                 Public Reference Room.                                    securities of closed end management
                                                office of the Exchange. All comments                                                                              investment companies registered under
                                                                                                        II. Self-Regulatory Organization’s
                                                received will be posted without change;                                                                           the Investment Company Act of 1940 7
                                                                                                        Statement of the Purpose of, and
                                                the Commission does not edit personal                                                                             and/or Units.8 In addition to certain
                                                                                                        Statutory Basis for, the Proposed Rule
                                                identifying information from                                                                                      other generic listing criteria, Equity
                                                                                                        Change
                                                submissions. You should submit only                                                                               Index-Linked Securities must satisfy the
                                                information that you wish to make                          In its filing with the Commission, the
                                                                                                        self-regulatory organization included                     generic quantitative initial and
                                                available publicly. All submissions
                                                                                                        statements concerning the purpose of,                     continued listing criteria under NYSE
                                                should refer to File Number SR–
                                                                                                        and basis for, the proposed rule change                   American Rule 5.2E(j)(6)(B)(I) in order
                                                BatsBYX–2017–23 and should be
                                                                                                        and discussed any comments it received                    to become, and continue to be, listed
                                                submitted on or before October 25,
                                                                                                        on the proposed rule change. The text                     and traded on the Exchange. Certain of
                                                2017.
                                                                                                        of those statements may be examined at                    the applicable quantitative criteria
                                                  For the Commission, by the Division of                                                                          specify minimum or maximum
                                                Trading and Markets, pursuant to delegated              the places specified in Item IV below.
                                                authority.10                                            The Exchange has prepared summaries,                      thresholds that must be satisfied with
                                                                                                        set forth in sections A, B, and C below,                  respect to, for example, market value,
                                                Eduardo A. Aleman,
                                                                                                        of the most significant parts of such                     trading volume, and dollar weight of the
                                                Assistant Secretary.
                                                                                                        statements.                                               index represented by a single
                                                [FR Doc. 2017–21277 Filed 10–3–17; 8:45 am]
                                                                                                                                                                  component or groups of components.
                                                BILLING CODE 8011–01–P                                  A. Self-Regulatory Organization’s
                                                                                                        Statement of the Purpose of, and the                         The applicable initial quantitative
                                                                                                        Statutory Basis for, the Proposed Rule                    listing criteria include (i) that each
                                                SECURITIES AND EXCHANGE                                 Change                                                    underlying index is required to have at
                                                COMMISSION                                                                                                        least ten component securities; 9 (ii) that
                                                                                                        1. Purpose                                                each component security has a
                                                [Release No. 34–81755; File No. SR–                        The Exchange proposes to amend
                                                NYSEAMER–2017–19]
                                                                                                                                                                  minimum market value of at least $75
                                                                                                        NYSE American Rule 5.2E(j)(6) to                          million, except that for each of the
                                                Self-Regulatory Organizations; NYSE                     exclude Investment Company Units                          lowest dollar weighted component
                                                American LLC; Notice of Filing and                      (‘‘Units’’) and securities defined in                     securities in the index that in the
                                                Immediate Effectiveness of Proposed                     Section 2 of NYSE American Rule 8E                        aggregate account for no more than 10%
                                                Rule Change To Amend NYSE                               (collectively, together with Units,                       of the dollar weight of the index, the
                                                American Rule 5.2E (j)(6)                               ‘‘Derivative Securities Products’’),4 as                  market value can be at least $50 million;
                                                                                                        well as Index-Linked Securities,5 when                    (iii) that component stocks that in the
                                                September 28, 2017.                                     applying the quantitative generic listing                 aggregate account for at least 90% of the
                                                   Pursuant to Section 19(b)(1) 1 of the                criteria applicable to Equity Index-                      weight of the index each have a
                                                Securities Exchange Act of 1934 (the                    Linked Securities.6                                       minimum global monthly trading
                                                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                                                                            volume of 1,000,000 shares, or
                                                notice is hereby given that on                             4 Units are securities that represent an interest in
                                                                                                                                                                  minimum global notional volume traded
                                                September 18, 2017, NYSE American                       a registered investment company that could be
                                                                                                        organized as a unit investment trust, an open-end         per month of $25,000,000, averaged over
                                                LLC (the ‘‘Exchange’’ or ‘‘NYSE                         management investment company, or a similar               the last six months; (iv) that no
                                                American’’) filed with the Securities                   entity, that holds securities comprising, or
                                                                                                                                                                  underlying component security
                                                and Exchange Commission (the                            otherwise based on or representing an interest in,
                                                                                                        an index or portfolio of securities or securities in      represents more than 25% of the dollar
                                                ‘‘Commission’’) the proposed rule
                                                                                                        another registered investment company that holds          weight of the index, and the five highest
                                                change as described in Items I and II                   such securities. See NYSE American Rule 5.2E(j)(3).
                                                below, which Items have been prepared                                                                             dollar weighted component securities in
                                                                                                        The following securities currently are included in
                                                by the Exchange. The Commission is                      Section 2 of NYSE American Rule 8E: Portfolio             the index do not in the aggregate
                                                publishing this notice to solicit                       Depositary Receipts (Rule 8.100E); Trust Issued           account for more than 50% of the dollar
                                                                                                        Receipts (Rule 8.200E); Commodity-Based Trust             weight of the index (60% for an index
                                                comments on the proposed rule change                    Shares (Rule 8.201E); Currency Trust Shares (Rule
                                                from interested persons.                                8.202E); Commodity Index Trust Shares (Rule
                                                                                                                                                                  consisting of fewer than 25 component
                                                                                                        8.203E); Commodity Futures Trust Shares (Rule             securities); and (v) that 90% of the
                                                I. Self-Regulatory Organization’s                       8.204E); Partnership Units (Rule 8.300E); Paired          index’s numerical value and at least
                                                Statement of the Terms of Substance of                  Trust Shares (Rule 8.400E); Trust Units (Rule             80% of the total number of component
                                                the Proposed Rule Change                                8.500E); Managed Fund Shares (Rule 8.600E); and
                                                                                                        Managed Trust Securities (Rule 8.700E).                   securities meet the then current criteria
                                                   The Exchange proposes to amend                          5 Index-Linked Securities are securities that          for standardized option trading set forth
                                                NYSE American Rule 5.2E(j)(6) to                        qualify for Exchange listing and trading under            in Rule 915; except that an index will
                                                exclude Investment Company Units,                       NYSE American Rule 5.2E(j)(6). The securities             not be subject to this last requirement if
                                                                                                        described in Rule 5.2E(j)(3), Rule 5.2E(j)(6) and
                                                securities defined in Section 2 of NYSE                 Section 2 of Rule 8E, as referenced above, would          (a) no underlying component security
sradovich on DSK3GMQ082PROD with NOTICES




                                                American Rule 8E and Index-Linked                       include securities listed on another national             represents more than 10% of the dollar
                                                Securities when applying the                            securities exchange pursuant to substantially             weight of the index and (b) the index
                                                quantitative generic listing criteria                   equivalent listing rules.
                                                                                                           6 The Commission has approved amendments to

                                                                                                        NYSE Arca Rule 5.2E(j)(6) that are substantially          to amend the generic listing criteria applicable to
                                                  10 17 CFR 200.30–3(a)(12).                                                                                      Equity Index-Linked Securities).
                                                                                                        identical to those proposed herein. See Securities
                                                  1 15 U.S.C. 78s(b)(1).                                                                                            7 15 U.S.C. 80–1.
                                                                                                        Exchange Act Release No. 81442 (August 18, 2017),
                                                  2 15 U.S.C. 78a.                                                                                                  8 See Rule 5.2E(j)(6)(B)(I)(1).
                                                                                                        82 FR 40178 (August 24, 2017) (SR–NYSEArca–
                                                  3 17 CFR 240.19b–4.                                   2017–54) (order approving a proposed rule change            9 See Rule 5.2E(j)(6)(B)(I)(1)(a).




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Document Created: 2018-10-25 09:52:59
Document Modified: 2018-10-25 09:52:59
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 46323 

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