83 FR 20873 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Certificate of Incorporation of Its Parent Company NYSE Group, Inc.
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 89 (May 8, 2018)
Federal Register Volume 83, Issue 89 (May 8, 2018)
| Page Range | 20873-20875 | |
| FR Document | 2018-09807 |
[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)] [Notices] [Pages 20873-20875] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09807] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-83158; File No. SR-NYSE-2018-18] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Certificate of Incorporation of Its Parent Company NYSE Group, Inc. May 3, 2018. Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that on April 25, 2018, New York Stock Exchange LLC (``NYSE'' or the ``Exchange'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Article X of the certificate of incorporation of its parent company NYSE Group, Inc. (``NYSE Group'') and make certain technical and conforming changes. The proposed rule change is available on the Exchange's website at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend Article X (Confidential Amendment) of the Sixth Amended and Restated Certificate of Incorporation of NYSE Group (``NYSE Group Certificate'') and make certain technical and conforming changes. NYSE Group owns all of the equity interest in the Exchange and its national securities exchange affiliates, NYSE Arca, Inc. (``NYSE Arca''), NYSE American LLC (``NYSE American'') and NYSE National, Inc. (``NYSE National''). In turn, NYSE Group is a wholly-owned subsidiary of NYSE Holdings LLC (``NYSE Holdings''), which is wholly owned by Intercontinental Exchange Holdings, Inc. (``ICE Holdings''). ICE Holdings is wholly owned by Intercontinental Exchange Inc. (``ICE'').\4\ --------------------------------------------------------------------------- \4\ ICE is a publicly traded company listed on the NYSE. --------------------------------------------------------------------------- In 2017, the Exchange amended the certificates of incorporation, bylaws, and operating agreements, as applicable, of ICE, ICE Holdings, NYSE Holdings and NYSE Group (collectively, the ``Governing Documents'').\5\ The changes to the Governing Documents included, among other things, amendments streamlining references to ICE subsidiaries that either are or control national securities exchanges, deleting references to other ICE subsidiaries, and amending provisions relating to confidential information.\6\ As a result of [[Page 20874]] the changes, ``Exchange'' is defined in each Governing Document as a national securities exchange registered under Section 6 of the Exchange Act \7\ that is directly or indirectly controlled by the relevant entity.\8\ --------------------------------------------------------------------------- \5\ The Governing Documents are the Fourth Amended and Restated Certificate of Incorporation of Intercontinental Exchange, Inc. (``ICE Certificate''); Eighth Amended and Restated Bylaws of Intercontinental Exchange, Inc. (``ICE Bylaws''); Ninth Amended and Restated Certificate of Incorporation of Intercontinental Exchange Holdings, Inc. (``ICE Holdings Certificate''); Sixth Amended and Restated Bylaws of Intercontinental Exchange Holdings, Inc. (``ICE Holdings Bylaws''); Ninth Amended and Restated Limited Liability Company Agreement of NYSE Holdings LLC (``NYSE Holdings Operating Agreement''); Fourth Amended and Restated Bylaws of NYSE Group, Inc. (``NYSE Group Bylaws''); and the NYSE Group Certificate. \6\ See Securities Exchange Act Release Nos. 82081 (November 15, 2017), 82 FR 55474 (November 21, 2017) (SR-NYSE-2017-57) (notice of filing and immediate effectiveness of proposed rule change to amend the governing documents of the Exchange's intermediate parent companies) (``Holding Companies Release''); and 80752 (May 24, 2017), 82 FR 25018 (May 31, 2017) (SR- NYSE-2017-13; SR-NYSEArca- 2017-29; SR- NYSEMKT-2017-17; SR-NYSENAT-2017-01) (order approving proposed rule changes to amend the certificate and bylaws of the exchange's ultimate parent company) (``Parent Company Release''). \7\ 15 U.S.C. 78f. \8\ See Holding Companies Release, supra note 6, at 55475; ICE Certificate, Article V, Section A(3)(a); ICE Bylaws, Article III, Section 3.15; ICE Holdings Certificate, Article V, Section A(1); ICE Holdings Bylaws, Article III, Section 3.15; NYSE Holdings Operating Agreement, Article 1, Section 1.1; NYSE Group Bylaws, Article VII, Article 7.9(b); and NYSE Group Certificate, Article IV, Section 4(b)(1)(A). --------------------------------------------------------------------------- In making such changes, lists of specific entities were replaced with ``Exchange'' or ``Exchanges,'' as applicable.\9\ For example, in Article XII, clause (b) of the NYSE Group Certificate, ``the boards of directors of New York Stock Exchange, NYSE Arca, NYSE Arca Equities, NYSE MKT and NYSE National or the boards of directors of their successors'' was amended to ``the boards of directors of each Exchange.'' \10\ --------------------------------------------------------------------------- \9\ See Holding Companies Release, supra note 6, at 55475, and Parent Company Release, supra note 6, at 25019. Similarly, the terms ``U.S. Regulated Subsidiary,'' ``U.S. Regulated Subsidiaries,'' ``Regulated Subsidiary,'' and ``Regulated Subsidiaries'' were replaced with ``Exchange'' or ``Exchanges,'' as applicable. \10\ See Holding Companies Release, supra note 6, note 12. --------------------------------------------------------------------------- However, the NYSE Group Certificate retains one list of specific entities, which it proposes to amend now. Specifically, in the first sentence of Article X of the NYSE Group Certificate, the Exchange proposes to replace ``New York Stock Exchange, NYSE Arca, NYSE Arca Equities, NYSE MKT and NYSE National'' with ``any Exchange, in each case to the extent that such entities continue to be controlled, directly or indirectly, by the Corporation''.\11\ --------------------------------------------------------------------------- \11\ The Exchange's affiliates NYSE American, NYSE Arca, and NYSE National have each submitted substantially the same proposed rule change to propose the changes described herein. See SR- NYSEAmer-2018-16, SR-NYSEArca-2018-26, and SR-NYSENAT-2018-05. --------------------------------------------------------------------------- The proposed change would not have a substantive effect on what entities the provision covers. As national securities exchanges registered under Section 6 of the Exchange Act \12\ that are directly controlled by NYSE Group, each of the NYSE, NYSE Arca, NYSE MKT (now NYSE American LLC) \13\ and NYSE National are ``Exchanges'' within the scope of the definition. The reference to NYSE Arca Equities is obsolete, as it has been merged out of existence.\14\ As a result, the change is non-substantive. --------------------------------------------------------------------------- \12\ 15 U.S.C. 78f. \13\ ``NYSE MKT LLC'' changed its name to ``NYSE American LLC'' in 2017. See Securities Exchange Act Release Nos. 80283 (March 21, 2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14). \14\ See Securities Exchange Act Release No. 81419 (August 17, 2017), 82 FR 40044 (August 23, 2017) (SR-NYSEArca-2017-40). --------------------------------------------------------------------------- The Exchange notes that the proposed amendment would make the first sentence of Article X of the NYSE Group Certificate more consistent with the use of ``Exchange'' throughout the Governing Documents, particularly in the confidential information provisions of the ICE Bylaws, the ICE Holdings Bylaws, and the NYSE Holdings Operating Agreement, all of which have the text ``any Exchange, in each case to the extent that such entities continue to be controlled, directly or indirectly, by the'' Corporation or Company, as applicable.\15\ --------------------------------------------------------------------------- \15\ See ICE Bylaws, Article VIII, Section 8.1; ICE Holdings Bylaws, Article VIII, Section 8.1; and NYSE Holdings Operating Agreement, Article XII, Section 12.1. See also Holding Companies Release, supra note 6, at 55477-55478. --------------------------------------------------------------------------- In addition, technical and conforming changes would be made to the title, recitals, effective time, date and signature line of the NYSE Group Certificate. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Exchange Act \16\ in general, and with Section 6(b)(1) \17\ 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. --------------------------------------------------------------------------- \16\ 15 U.S.C. 78f(b). \17\ 15 U.S.C. 78f(b)(1). --------------------------------------------------------------------------- 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 the proposed change would add further clarity and transparency to the Exchange's rules without having a substantive effect on which entities the provision would cover. As national securities exchanges registered under Section 6 of the Exchange Act \18\ that are directly controlled by NYSE Group, each of the NYSE, NYSE Arca, NYSE American and NYSE National fall within the scope of the definition of ``Exchange.'' In addition, removing the obsolete reference to NYSE Arca Equities would contribute to the orderly operation of the Exchange by adding clarity and transparency to the Exchange's rules. The Exchange believes that the proposed technical and conforming changes to the title, recitals, effective time, date and signature line of the NYSE Group Certificate would contribute to the orderly operation of the Exchange by adding clarity and transparency to its rules. --------------------------------------------------------------------------- \18\ 15 U.S.C. 78f. --------------------------------------------------------------------------- Further, the Exchange notes that the Exchange Act definition of ``exchange'' states that ``exchange'' ``includes the market place and the market facilities maintained by such exchange.'' \19\ Accordingly, any market places and market facilities maintained by the Exchange would fall within the definition of ``Exchange'' and therefore would fall within the scope of Article X of the NYSE Group Certificate. --------------------------------------------------------------------------- \19\ 15 U.S.C. 78c(a)(1). --------------------------------------------------------------------------- For similar reasons, the Exchange also believes that the proposed rule change is consistent with Section 6(b)(5) of the Act,\20\ 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. --------------------------------------------------------------------------- \20\ 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 simplifying and streamlining the Exchange's rules and removing an obsolete reference, thereby ensuring that market participants can more easily navigate, understand and comply with its rules. In this manner, the proposed change would ensure that persons subject to the Exchange's jurisdiction, regulators, and the investing public can more easily navigate and understand the NYSE Group Certificate. In addition, 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, because the proposed change would conform the text of Article X with the use of ``Exchange'' throughout the Governing Documents, generally, and with the confidential information provisions of the ICE Bylaws, the ICE Holdings [[Page 20875]] Bylaws, and the NYSE Holdings Operating Agreement, more specifically. As a result, the Governing Documents would be more consistent and persons subject to the Exchange's jurisdiction, regulators, and the investing public could more easily navigate and understand the NYSE Group Certificate and the other Governing Documents. 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 Exchange Act. The proposed rule change is not designed to address any competitive issue but rather is meant to update and streamline the NYSE Group Certificate to make it more consistent with the use of ``Exchange'' throughout the Governing Documents and the confidential information provisions in the ICE Bylaws, the ICE Holdings Bylaws, and the NYSE Holdings Operating Agreement. The Exchange believes that the proposed rule change will serve to promote clarity and consistency, thereby reducing burdens on the marketplace and facilitating investor protection. The proposed rule change would result in no concentration or other changes of ownership of exchanges. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.\21\ --------------------------------------------------------------------------- \21\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- 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. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to rule-comments@sec.gov. Please include File Number SR-NYSE-2018-18 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2018-18. 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 website (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 website 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. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2018-18, and should be submitted on or before May 29, 2018. --------------------------------------------------------------------------- \22\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\22\ Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-09807 Filed 5-7-18; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices 20873
annuitants. One response is requested of Information Collection Request (ICR) not payable or is reduced for any month
each respondent. Completion is Title: Annual Earnings Questionnaire in which the beneficiary works for a
required to retain a benefit. for Annuitants in Last Pre-Retirement railroad or earns more than the
Previous Requests for Comments: The Non-Railroad Employment. prescribed amounts. The collection
RRB has already published the initial OMB Control Number: 3220–0179. obtains earnings information needed by
60-day notice (83 FR 7511 on February Form submitted: G–19L. the Railroad Retirement Board to
Type of request: Extension without determine possible reductions in
21, 2018) required by 44 U.S.C.
change of a currently approved annuities because of earnings.
3506(c)(2). That request elicited no
collection.
comments. Changes proposed: The RRB proposes
Affected public: Individuals or
Households. no changes to Form G–19L.
Abstract: Under Section 2(e)(3) of the The burden estimate for the ICR is as
Railroad Retirement Act, an annuity is follows:
Annual Time Burden
Form No. responses (minutes) (hours)
G–19L ...................................................................................................................................................... 300 15 75
Additional Information or Comments: publishing this notice to solicit securities exchange affiliates, NYSE
Copies of the forms and supporting comments on the proposed rule change Arca, Inc. (‘‘NYSE Arca’’), NYSE
documents can be obtained from Dana from interested persons. American LLC (‘‘NYSE American’’) and
Hickman at (312) 751–4981 or NYSE National, Inc. (‘‘NYSE National’’).
I. Self-Regulatory Organization’s
Dana.Hickman@RRB.GOV. In turn, NYSE Group is a wholly-owned
Statement of the Terms of Substance of
Comments regarding the information subsidiary of NYSE Holdings LLC
the Proposed Rule Change
collection should be addressed to Brian (‘‘NYSE Holdings’’), which is wholly
Foster, Railroad Retirement Board, 844 The Exchange proposes to amend owned by Intercontinental Exchange
North Rush Street, Chicago, Illinois Article X of the certificate of Holdings, Inc. (‘‘ICE Holdings’’). ICE
60611–1275 or Brian.Foster@rrb.gov and incorporation of its parent company Holdings is wholly owned by
to the OMB Desk Officer for the RRB, NYSE Group, Inc. (‘‘NYSE Group’’) and Intercontinental Exchange Inc. (‘‘ICE’’).4
Fax: 202–395–6974, Email address: make certain technical and conforming In 2017, the Exchange amended the
OIRA_Submission@omb.eop.gov. changes. The proposed rule change is certificates of incorporation, bylaws,
available on the Exchange’s website at and operating agreements, as applicable,
Brian Foster, www.nyse.com, at the principal office of of ICE, ICE Holdings, NYSE Holdings
Clearance Officer. the Exchange, and at the Commission’s and NYSE Group (collectively, the
[FR Doc. 2018–09702 Filed 5–7–18; 8:45 am] Public Reference Room. ‘‘Governing Documents’’).5 The changes
BILLING CODE 7905–01–P
II. Self-Regulatory Organization’s to the Governing Documents included,
Statement of the Purpose of, and among other things, amendments
Statutory Basis for, the Proposed Rule streamlining references to ICE
SECURITIES AND EXCHANGE Change subsidiaries that either are or control
COMMISSION national securities exchanges, deleting
In its filing with the Commission, the references to other ICE subsidiaries, and
[Release No. 34–83158; File No. SR–NYSE– self-regulatory organization included
amending provisions relating to
2018–18] statements concerning the purpose of,
confidential information.6 As a result of
and basis for, the proposed rule change
Self-Regulatory Organizations; New and discussed any comments it received 4 ICE is a publicly traded company listed on the
York Stock Exchange LLC; Notice of on the proposed rule change. The text NYSE.
Filing and Immediate Effectiveness of of those statements may be examined at 5 The Governing Documents are the Fourth
Proposed Rule Change To Amend the the places specified in Item IV below. Amended and Restated Certificate of Incorporation
Certificate of Incorporation of Its The Exchange has prepared summaries, of Intercontinental Exchange, Inc. (‘‘ICE
Parent Company NYSE Group, Inc. Certificate’’); Eighth Amended and Restated Bylaws
set forth in sections A, B, and C below, of Intercontinental Exchange, Inc. (‘‘ICE Bylaws’’);
May 3, 2018. of the most significant parts of such Ninth Amended and Restated Certificate of
statements. Incorporation of Intercontinental Exchange
Pursuant to Section 19(b)(1) 1 of the Holdings, Inc. (‘‘ICE Holdings Certificate’’); Sixth
Securities Exchange Act of 1934 (the A. Self-Regulatory Organization’s Amended and Restated Bylaws of Intercontinental
‘‘Act’’),2 and Rule 19b–4 thereunder,3 Statement of the Purpose of, and the Exchange Holdings, Inc. (‘‘ICE Holdings Bylaws’’);
Ninth Amended and Restated Limited Liability
notice is hereby given that on April 25, Statutory Basis for, the Proposed Rule Company Agreement of NYSE Holdings LLC
2018, New York Stock Exchange LLC Change (‘‘NYSE Holdings Operating Agreement’’); Fourth
(‘‘NYSE’’ or the ‘‘Exchange’’) filed with Amended and Restated Bylaws of NYSE Group, Inc.
1. Purpose (‘‘NYSE Group Bylaws’’); and the NYSE Group
the Securities and Exchange
The Exchange proposes to amend Certificate.
Commission (the ‘‘Commission’’) the 6 See Securities Exchange Act Release Nos. 82081
sradovich on DSK3GMQ082PROD with NOTICES
proposed rule change as described in Article X (Confidential Amendment) of
(November 15, 2017), 82 FR 55474 (November 21,
Items I and II below, which Items have the Sixth Amended and Restated 2017) (SR–NYSE–2017–57) (notice of filing and
been prepared by the self-regulatory Certificate of Incorporation of NYSE immediate effectiveness of proposed rule change to
organization. The Commission is Group (‘‘NYSE Group Certificate’’) and amend the governing documents of the Exchange’s
make certain technical and conforming intermediate parent companies) (‘‘Holding
Companies Release’’); and 80752 (May 24, 2017), 82
1 15 U.S.C. 78s(b)(1). changes. FR 25018 (May 31, 2017) (SR– NYSE–2017–13; SR–
2 15 U.S.C. 78a. NYSE Group owns all of the equity NYSEArca–2017–29; SR– NYSEMKT–2017–17; SR–
3 17 CFR 240.19b–4. interest in the Exchange and its national Continued
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![Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices 20875
Bylaws, and the NYSE Holdings At any time within 60 days of the submissions should refer to File
Operating Agreement, more specifically. filing of the proposed rule change, the Number SR–NYSE–2018–18, and
As a result, the Governing Documents Commission summarily may should be submitted on or before May
would be more consistent and persons temporarily suspend such rule change if 29,2018.
subject to the Exchange’s jurisdiction, it appears to the Commission that such For the Commission, by the Division of
regulators, and the investing public action is necessary or appropriate in the Trading and Markets, pursuant to delegated
could more easily navigate and public interest, for the protection of authority.22
understand the NYSE Group Certificate investors, or otherwise in furtherance of Eduardo A. Aleman,
and the other Governing Documents. the purposes of the Act. Assistant Secretary.
B. Self-Regulatory Organization’s IV. Solicitation of Comments [FR Doc. 2018–09807 Filed 5–7–18; 8:45 am]
Statement on Burden on Competition Interested persons are invited to BILLING CODE 8011–01–P
The Exchange does not believe that submit written data, views, and
the proposed rule change will impose arguments concerning the foregoing,
including whether the proposed rule SECURITIES AND EXCHANGE
any burden on competition that is not COMMISSION
necessary or appropriate in furtherance change is consistent with the Act.
of the purposes of the Exchange Act. Comments may be submitted by any of [Release No. 34–83156; File No. SR–ISE–
The proposed rule change is not the following methods: 2018–39]
designed to address any competitive Electronic Comments
issue but rather is meant to update and Self-Regulatory Organizations; Nasdaq
streamline the NYSE Group Certificate • Use the Commission’s internet ISE, LLC; Notice of Filing and
to make it more consistent with the use comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed
rules/sro.shtml); or Rule Change To Amend ISE Rules 412,
of ‘‘Exchange’’ throughout the
• Send an email to rule-comments@ Position Limits, and 414, Exercise
Governing Documents and the
sec.gov. Please include File Number SR– Limits
confidential information provisions in NYSE–2018–18 on the subject line.
the ICE Bylaws, the ICE Holdings May 2, 2018.
Bylaws, and the NYSE Holdings Paper Comments
Pursuant to Section 19(b)(1) of the
Operating Agreement. The Exchange • Send paper comments in triplicate Securities Exchange Act of 1934
believes that the proposed rule change to Secretary, Securities and Exchange (‘‘Act’’),1 and Rule 19b–4 thereunder,2
will serve to promote clarity and Commission, 100 F Street NE, notice is hereby given that on April 20,
consistency, thereby reducing burdens Washington, DC 20549–1090. 2018, Nasdaq ISE, LLC (‘‘ISE’’ or
on the marketplace and facilitating All submissions should refer to File ‘‘Exchange’’) filed with the Securities
investor protection. The proposed rule Number SR–NYSE–2018–18. This file and Exchange Commission (‘‘SEC’’ or
change would result in no concentration number should be included on the ‘‘Commission’’) the proposed rule
or other changes of ownership of subject line if email is used. To help the change as described in Items I and II
exchanges. Commission process and review your below, which Items have been prepared
C. Self-Regulatory Organization’s comments more efficiently, please use by the Exchange. The Commission is
Statement on Comments on the only one method. The Commission will publishing this notice to solicit
Proposed Rule Change Received From post all comments on the Commission’s comments on the proposed rule change
Members, Participants, or Others internet website (http://www.sec.gov/ from interested persons.
rules/sro.shtml). Copies of the
No written comments were solicited submission, all subsequent I. Self-Regulatory Organization’s
or received with respect to the proposed amendments, all written statements Statement of the Terms of Substance of
rule change. with respect to the proposed rule the Proposed Rule Change
III. Date of Effectiveness of the change that are filed with the The Exchange proposes to amend ISE
Proposed Rule Change and Timing for Commission, and all written Rules 412, Position Limits, and 414,
Commission Action communications relating to the Exercise Limits, to increase the position
proposed rule change between the and exercise limits for options on the
Because the foregoing proposed rule
Commission and any person, other than following exchange traded funds
change does not:
those that may be withheld from the (‘‘ETFs’’): iShares China Large-Cap ETF
(i) Significantly affect the protection
public in accordance with the (‘‘FXI’’), iShares MSCI EAFE ETF
of investors or the public interest;
provisions of 5 U.S.C. 552, will be (‘‘EFA’’), iShares MSCI Emerging
(ii) impose any significant burden on
available for website viewing and Markets ETF (‘‘EEM’’), iShares Russell
competition; and
printing in the Commission’s Public 2000 ETF (‘‘IWM’’), iShares MSCI Brazil
(iii) become operative for 30 days
Reference Room, 100 F Street NE, Capped ETF (‘‘EWZ’’), iShares 20+ Year
from the date on which it was filed, or
Washington, DC 20549, on official Treasury Bond Fund ETF (‘‘TLT’’),
such shorter time as the Commission
business days between the hours of PowerShares QQQ Trust (‘‘QQQQ’’),
may designate, it has become effective
10:00 a.m. and 3:00 p.m. Copies of the and iShares MSCI Japan Index (‘‘EWJ’’).
pursuant to Section 19(b)(3)(A) of the
filing also will be available for The text of the proposed rule change
Act and Rule 19b–4(f)(6) thereunder.21
inspection and copying at the principal is available on the Exchange’s website at
office of the Exchange. All comments
sradovich on DSK3GMQ082PROD with NOTICES
21 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
http://ise.cchwallstreet.com/, at the
4(f)(6) requires a self-regulatory organization to give
received will be posted without change. principal office of the Exchange, and at
the Commission written notice of its intent to file Persons submitting comments are the Commission’s Public Reference
the proposed rule change, along with a brief cautioned that we do not redact or edit Room.
description and text of the proposed rule change, personal identifying information from
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
comment submissions. You should 22 17 CFR 200.30–3(a)(12).
as designated by the Commission. The Exchange submit only information that you wish 1 15 U.S.C. 78s(b)(1).
has satisfied this requirement. to make available publicly. All 2 17 CFR 240.19b–4.
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Document Created: 2018-05-08 01:32:29
Document Modified: 2018-05-08 01:32:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 20873 |
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