83_FR_26438 83 FR 26329 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.37-E and Rule 7.45-E With Respect to NYSE National's Reopening of Trading and Reactivating Connection to the Securities Information Processors

83 FR 26329 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.37-E and Rule 7.45-E With Respect to NYSE National's Reopening of Trading and Reactivating Connection to the Securities Information Processors

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 109 (June 6, 2018)

Page Range26329-26331
FR Document2018-12112

Federal Register, Volume 83 Issue 109 (Wednesday, June 6, 2018)
[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Pages 26329-26331]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12112]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83352; File No. SR-NYSEArca-2018-37]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.37-
E and Rule 7.45-E With Respect to NYSE National's Reopening of Trading 
and Reactivating Connection to the Securities Information Processors

May 31, 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 May 18, 2018, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE 
Arca'') 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 self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to: (1) Amend Rule 7.37-E to specify in 
Exchange rules the Exchange's use of data feeds from NYSE National, 
Inc. (``NYSE National'') for order handling and execution, order 
routing, and regulatory compliance; and (2) amend Rule 7.45-E to 
reflect that Archipelago Securities LLC (``Arca Securities'') would 
function as a routing broker for the Exchange's affiliate, NYSE 
National. 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to update and amend the table in Rule 7.37-E 
that sets forth on a market-by-market basis the specific network 
processor and proprietary data feeds that the Exchange utilizes for the 
handling, execution and routing of orders, and for performing the 
regulatory compliance checks related to each of those functions. 
Specifically, the table would be amended to include NYSE National, 
which intends to reopen trading and reactivate its connections to the 
securities information processors (``SIPs''). To reflect that, the 
Exchange proposes to amend Rule 7.37-E to specify which data feeds the 
Exchange would use for NYSE National. As proposed, the Exchange would 
use the direct data feeds for NYSE National and would use the SIP data 
feeds as a secondary source.
    Additionally, the Exchange proposes to amend Rule 7.45-E to reflect 
that Arca Securities would function as a

[[Page 26330]]

routing broker for the Exchange's affiliate, NYSE National. 
Specifically, the Exchange proposes to amend Rule 7.45-E(c)(1) and (2) 
to reference NYSE National as an affiliate of the Exchange for the 
purposes of the inbound routing function performed by Arca Securities. 
The proposed rule change would provide more clarity and transparency to 
all the functions that Arca Securities performs on behalf of the 
Exchange and its affiliates, which now includes NYSE National. The 
Exchange is not proposing any substantive change to the rule.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\4\ in general, and 
furthers the objectives of Section 6(b)(5),\5\ in particular, because 
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. The Exchange 
believes its proposal to update the table in Rule 7.37-E to include 
NYSE National will ensure that Rule 7.37-E correctly identifies and 
publicly states on a market-by-market basis all of the specific network 
processor and proprietary data feeds that the Exchange utilizes for the 
handling, execution and routing of orders, and for performing the 
regulatory compliance checks to each of those functions. The proposed 
rule change also removes impediments to and perfects the mechanism of a 
free and open market and protects investors and the public interest 
because it provides additional specificity, clarity and transparency. 
The Exchange believes the proposed rule change to amend Rule 7.45-E 
also removes impediments to and perfects the mechanism of a free and 
open market and protects investors and the public interest because the 
proposed rule change would enhance the clarity and transparency in 
Exchange Rules surrounding the inbound routing function performed by 
Arca Securities for the Exchange's affiliate, NYSE National.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue but rather would provide the 
public and investors with information about which data feeds the 
Exchange uses for execution and routing decisions, and provide clarity 
in Exchange rules that Arca Securities would perform the inbound 
routing function on behalf on the Exchange's affiliate, NYSE National.

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 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 \6\ and Rule 19b-4(f)(6) thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \8\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \9\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposed rule change may become operative upon filing. The Exchange 
states that waiver of the operative delay would be consistent with the 
protection of investors and the public interest because it will allow 
the Exchange to immediately provide enhanced transparency in Exchange 
rules regarding which data feeds the Exchange will use for NYSE 
National and clarify in the Exchange's rules that Arca Securities will 
perform the inbound routing function for NYSE National. The Commission 
believes that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest. Therefore, the 
Commission hereby waives the operative delay and designates the 
proposal as operative upon filing.\10\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
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-NYSEArca-2018-37 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-NYSEArca-2018-37. 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

[[Page 26331]]

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 such 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-NYSEArca-2018-37, and should be 
submitted on or before June 27, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12112 Filed 6-5-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices                                            26329

                                               transparency in Exchange rules                          change that are filed with the                         solicit comments on the proposed rule
                                               regarding which data feeds the                          Commission, and all written                            change from interested persons.
                                               Exchange will use for NYSE National                     communications relating to the
                                                                                                                                                              I. Self-Regulatory Organization’s
                                               and clarify in the Exchange’s rules that                proposed rule change between the
                                                                                                                                                              Statement of the Terms of the Substance
                                               Arca Securities will perform the                        Commission and any person, other than
                                                                                                       those that may be withheld from the                    of the Proposed Rule Change
                                               inbound routing function for NYSE
                                               National. The Commission believes that                  public in accordance with the                            The Exchange proposes to: (1) Amend
                                               waiving the 30-day operative delay is                   provisions of 5 U.S.C. 552, will be                    Rule 7.37–E to specify in Exchange rules
                                               consistent with the protection of                       available for website viewing and                      the Exchange’s use of data feeds from
                                               investors and the public interest.                      printing in the Commission’s Public                    NYSE National, Inc. (‘‘NYSE National’’)
                                               Therefore, the Commission hereby                        Reference Room, 100 F Street NE,                       for order handling and execution, order
                                               waives the operative delay and                          Washington, DC 20549 on official                       routing, and regulatory compliance; and
                                               designates the proposal as operative                    business days between the hours of                     (2) amend Rule 7.45–E to reflect that
                                               upon filing.10                                          10:00 a.m. and 3:00 p.m. Copies of the                 Archipelago Securities LLC (‘‘Arca
                                                  At any time within 60 days of the                    filing also will be available for                      Securities’’) would function as a routing
                                               filing of the proposed rule change, the                 inspection and copying at the principal                broker for the Exchange’s affiliate, NYSE
                                               Commission summarily may                                office of the Exchange. All comments                   National. The proposed rule change is
                                               temporarily suspend such rule change if                 received will be posted without change.                available on the Exchange’s website at
                                               it appears to the Commission that such                  Persons submitting comments are                        www.nyse.com, at the principal office of
                                               action is necessary or appropriate in the               cautioned that we do not redact or edit                the Exchange, and at the Commission’s
                                               public interest, for the protection of                  personal identifying information from                  Public Reference Room.
                                               investors, or otherwise in furtherance of               comment submissions. You should
                                               the purposes of the Act. If the                         submit only information that you wish                  II. Self-Regulatory Organization’s
                                               Commission takes such action, the                       to make available publicly. All                        Statement of the Purpose of, and
                                               Commission shall institute proceedings                  submissions should refer to File                       Statutory Basis for, the Proposed Rule
                                               to determine whether the proposed rule                  Number SR–NYSEAMER–2018–24, and                        Change
                                               should be approved or disapproved.                      should be submitted on or before June                    In its filing with the Commission, the
                                                                                                       27, 2018.                                              self-regulatory organization included
                                               IV. Solicitation of Comments
                                                                                                         For the Commission, by the Division of               statements concerning the purpose of,
                                                 Interested persons are invited to                     Trading and Markets, pursuant to delegated             and basis for, the proposed rule change
                                               submit written data, views, and                         authority.11                                           and discussed any comments it received
                                               arguments concerning the foregoing,                     Eduardo A. Aleman,                                     on the proposed rule change. The text
                                               including whether the proposed rule                     Assistant Secretary.                                   of those statements may be examined at
                                               change is consistent with the Act.                      [FR Doc. 2018–12115 Filed 6–5–18; 8:45 am]             the places specified in Item IV below.
                                               Comments may be submitted by any of                                                                            The Exchange has prepared summaries,
                                                                                                       BILLING CODE 8011–01–P
                                               the following methods:                                                                                         set forth in sections A, B, and C below,
                                               Electronic Comments                                                                                            of the most significant parts of such
                                                                                                       SECURITIES AND EXCHANGE                                statements.
                                                  • Use the Commission’s internet
                                                                                                       COMMISSION                                             A. Self-Regulatory Organization’s
                                               comment form (http://www.sec.gov/
                                               rules/sro.shtml); or                                    [Release No. 34–83352; File No. SR–                    Statement of the Purpose of, and
                                                  • Send an email to rule-comments@                    NYSEArca–2018–37]                                      Statutory Basis for, the Proposed Rule
                                               sec.gov. Please include File Number SR–                                                                        Change
                                               NYSEAMER–2018–24 on the subject                         Self-Regulatory Organizations; NYSE
                                                                                                       Arca, Inc.; Notice of Filing and                       1. Purpose
                                               line.
                                                                                                       Immediate Effectiveness of Proposed                      The Exchange proposes to update and
                                               Paper Comments                                          Rule Change To Amend Rule 7.37–E                       amend the table in Rule 7.37–E that sets
                                                  • Send paper comments in triplicate                  and Rule 7.45–E With Respect to NYSE                   forth on a market-by-market basis the
                                               to Secretary, Securities and Exchange                   National’s Reopening of Trading and                    specific network processor and
                                               Commission, 100 F Street NE,                            Reactivating Connection to the                         proprietary data feeds that the Exchange
                                               Washington, DC 20549–1090.                              Securities Information Processors                      utilizes for the handling, execution and
                                               All submissions should refer to File                                                                           routing of orders, and for performing the
                                                                                                       May 31, 2018.
                                               Number SR–NYSEAMER–2018–24. This                                                                               regulatory compliance checks related to
                                                                                                          Pursuant to Section 19(b)(1) 1 of the
                                               file number should be included on the                                                                          each of those functions. Specifically, the
                                                                                                       Securities Exchange Act of 1934 (the
                                               subject line if email is used. To help the                                                                     table would be amended to include
                                                                                                       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                               Commission process and review your                                                                             NYSE National, which intends to
                                                                                                       notice is hereby given that on May 18,
                                               comments more efficiently, please use                                                                          reopen trading and reactivate its
                                                                                                       2018, NYSE Arca, Inc. (the ‘‘Exchange’’
                                               only one method. The Commission will                                                                           connections to the securities
                                                                                                       or ‘‘NYSE Arca’’) filed with the
                                               post all comments on the Commission’s                                                                          information processors (‘‘SIPs’’). To
                                                                                                       Securities and Exchange Commission
                                               internet website (http://www.sec.gov/                                                                          reflect that, the Exchange proposes to
                                                                                                       (‘‘Commission’’) the proposed rule
                                               rules/sro.shtml). Copies of the                                                                                amend Rule 7.37–E to specify which
                                                                                                       change as described in Items I and II
                                               submission, all subsequent                                                                                     data feeds the Exchange would use for
                                                                                                       below, which Items have been prepared
daltland on DSKBBV9HB2PROD with NOTICES




                                               amendments, all written statements                                                                             NYSE National. As proposed, the
                                                                                                       by the self-regulatory organization. The
                                               with respect to the proposed rule                                                                              Exchange would use the direct data
                                                                                                       Commission is publishing this notice to
                                                                                                                                                              feeds for NYSE National and would use
                                                  10 For purposes only of waiving the 30-day
                                                                                                         1117 CFR 200.30–3(a)(12).                            the SIP data feeds as a secondary source.
                                               operative delay, the Commission has also
                                               considered the proposed rule’s impact on
                                                                                                         1 15 U.S.C.78s(b)(1).                                  Additionally, the Exchange proposes
                                               efficiency, competition, and capital formation. See       2 15 U.S.C. 78a.                                     to amend Rule 7.45–E to reflect that
                                               15 U.S.C. 78c(f).                                         3 17 CFR 240.19b–4.                                  Arca Securities would function as a


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                                               26330                            Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices

                                               routing broker for the Exchange’s                          B. Self-Regulatory Organization’s                       transparency in Exchange rules
                                               affiliate, NYSE National. Specifically,                    Statement on Burden on Competition                      regarding which data feeds the
                                               the Exchange proposes to amend Rule                          The Exchange does not believe that                    Exchange will use for NYSE National
                                               7.45–E(c)(1) and (2) to reference NYSE                     the proposed rule change will impose                    and clarify in the Exchange’s rules that
                                               National as an affiliate of the Exchange                   any burden on competition that is not                   Arca Securities will perform the
                                               for the purposes of the inbound routing                    necessary or appropriate in furtherance                 inbound routing function for NYSE
                                               function performed by Arca Securities.                     of the purposes of the Act. The                         National. The Commission believes that
                                               The proposed rule change would                             proposed change is not designed to                      waiving the 30-day operative delay is
                                               provide more clarity and transparency                      address any competitive issue but rather                consistent with the protection of
                                                                                                          would provide the public and investors                  investors and the public interest.
                                               to all the functions that Arca Securities
                                                                                                          with information about which data                       Therefore, the Commission hereby
                                               performs on behalf of the Exchange and
                                                                                                                                                                  waives the operative delay and
                                               its affiliates, which now includes NYSE                    feeds the Exchange uses for execution
                                                                                                                                                                  designates the proposal as operative
                                               National. The Exchange is not proposing                    and routing decisions, and provide
                                                                                                                                                                  upon filing.10
                                               any substantive change to the rule.                        clarity in Exchange rules that Arca
                                                                                                                                                                     At any time within 60 days of the
                                                                                                          Securities would perform the inbound
                                               2. Statutory Basis                                                                                                 filing of the proposed rule change, the
                                                                                                          routing function on behalf on the
                                                                                                                                                                  Commission summarily may
                                                                                                          Exchange’s affiliate, NYSE National.
                                                  The proposed rule change is                                                                                     temporarily suspend such rule change if
                                               consistent with Section 6(b) of the                        C. Self-Regulatory Organization’s                       it appears to the Commission that such
                                               Securities Exchange Act of 1934 (the                       Statement on Comments on the                            action is necessary or appropriate in the
                                               ‘‘Act’’),4 in general, and furthers the                    Proposed Rule Change Received From                      public interest, for the protection of
                                               objectives of Section 6(b)(5),5 in                         Members, Participants, or Others                        investors, or otherwise in furtherance of
                                               particular, because it is designed to                        No written comments were solicited                    the purposes of the Act. If the
                                               prevent fraudulent and manipulative                        or received with respect to the proposed                Commission takes such action, the
                                               acts and practices, to promote just and                    rule change.                                            Commission shall institute proceedings
                                               equitable principles of trade, to foster                                                                           to determine whether the proposed rule
                                                                                                          III. Date of Effectiveness of the                       should be approved or disapproved.
                                               cooperation and coordination with
                                                                                                          Proposed Rule Change and Timing for
                                               persons engaged in facilitating                                                                                    IV. Solicitation of Comments
                                                                                                          Commission Action
                                               transactions in securities, to remove                                                                                Interested persons are invited to
                                               impediments to, and perfect the                               Because the proposed rule change
                                                                                                          does not (i) significantly affect the                   submit written data, views, and
                                               mechanism of, a free and open market                                                                               arguments concerning the foregoing,
                                               and a national market system and, in                       protection of investors or the public
                                                                                                          interest; (ii) impose any significant                   including whether the proposed rule
                                               general, to protect investors and the                                                                              change is consistent with the Act.
                                               public interest. The Exchange believes                     burden on competition; and (iii) become
                                                                                                          operative for 30 days from the date on                  Comments may be submitted by any of
                                               its proposal to update the table in Rule                                                                           the following methods:
                                                                                                          which it was filed, or such shorter time
                                               7.37–E to include NYSE National will
                                                                                                          as the Commission may designate, it has                 Electronic Comments
                                               ensure that Rule 7.37–E correctly                          become effective pursuant to Section
                                               identifies and publicly states on a                                                                                  • Use the Commission’s internet
                                                                                                          19(b)(3)(A) of the Act 6 and Rule 19b–                  comment form (http://www.sec.gov/
                                               market-by-market basis all of the                          4(f)(6) thereunder.7
                                               specific network processor and                                                                                     rules/sro.shtml); or
                                                                                                             A proposed rule change filed                           • Send an email to rule-comments@
                                               proprietary data feeds that the Exchange                   pursuant to Rule 19b–4(f)(6) under the                  sec.gov. Please include File Number SR–
                                               utilizes for the handling, execution and                   Act 8 normally does not become                          NYSEArca–2018–37 on the subject line.
                                               routing of orders, and for performing the                  operative for 30 days after the date of its
                                               regulatory compliance checks to each of                    filing. However, Rule 19b–4(f)(6)(iii) 9                Paper Comments
                                               those functions. The proposed rule                         permits the Commission to designate a                      • Send paper comments in triplicate
                                               change also removes impediments to                         shorter time if such action is consistent               to Secretary, Securities and Exchange
                                               and perfects the mechanism of a free                       with the protection of investors and the                Commission, 100 F Street NE,
                                               and open market and protects investors                     public interest. The Exchange has asked                 Washington, DC 20549–1090.
                                               and the public interest because it                         the Commission to waive the 30-day                      All submissions should refer to File
                                               provides additional specificity, clarity                   operative delay so that the proposed                    Number SR–NYSEArca–2018–37. This
                                               and transparency. The Exchange                             rule change may become operative upon                   file number should be included on the
                                               believes the proposed rule change to                       filing. The Exchange states that waiver                 subject line if email is used. To help the
                                               amend Rule 7.45–E also removes                             of the operative delay would be                         Commission process and review your
                                               impediments to and perfects the                            consistent with the protection of                       comments more efficiently, please use
                                               mechanism of a free and open market                        investors and the public interest                       only one method. The Commission will
                                               and protects investors and the public                      because it will allow the Exchange to                   post all comments on the Commission’s
                                               interest because the proposed rule                         immediately provide enhanced                            internet website (http://www.sec.gov/
                                               change would enhance the clarity and                                                                               rules/sro.shtml). Copies of the
                                                                                                            6 15  U.S.C. 78s(b)(3)(A).
                                               transparency in Exchange Rules                                                                                     submission, all subsequent
                                                                                                            7 17  CFR 240.19b–4(f)(6). As required under Rule     amendments, all written statements
                                               surrounding the inbound routing
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                                                                                                          19b–4(f)(6)(iii), the Exchange provided the
                                                                                                          Commission with written notice of its intent to file    with respect to the proposed rule
                                               function performed by Arca Securities
                                                                                                          the proposed rule change, along with a brief            change that are filed with the
                                               for the Exchange’s affiliate, NYSE                         description and the text of the proposed rule
                                               National.                                                  change, at least five business days prior to the date      10 For purposes only of waiving the 30-day
                                                                                                          of filing of the proposed rule change, or such          operative delay, the Commission has also
                                                                                                          shorter time as designated by the Commission.           considered the proposed rule’s impact on
                                                 4 15   U.S.C. 78f(b).                                      8 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                  efficiency, competition, and capital formation. See
                                                 5 15   U.S.C. 78f(b)(5).                                   9 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).



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                                                                                Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices                                                 26331

                                               Commission, and all written                               19(b)(1) of the Securities Exchange Act                days after the date of publication of
                                               communications relating to the                            of 1934 (‘‘Act’’) 1 and Rule 19b–4                     notice of filing of the proposed rule
                                               proposed rule change between the                          thereunder,2 a proposed rule change to                 change. The Commission may, however,
                                               Commission and any person, other than                     amend the Listed Company Manual for                    extend the period for issuing an order
                                               those that may be withheld from the                       Special Purpose Acquisition Companies                  approving or disapproving the proposed
                                               public in accordance with the                             (‘‘SPACs’’) 3 to lower the initial holders             rule change by not more than 60 days
                                               provisions of 5 U.S.C. 552, will be                       requirement from 300 to 150 round lot                  if the Commission determines that a
                                               available for website viewing and                         holders and to eliminate the continued                 longer period is appropriate and
                                               printing in the Commission’s Public                       listing requirement of 300 public                      publishes the reasons for such
                                               Reference Room, 100 F Street NE,                          stockholders completely, to require at                 determination. The proposed rule
                                               Washington, DC 20549 on official                          least $5 million in net tangible assets for            change was published for notice and
                                               business days between the hours of                        initial listing and continued listing, and             comment in the Federal Register on
                                               10:00 a.m. and 3:00 p.m. Copies of such                   to allow companies 30 days to                          December 6, 2017. June 4, 2018 is 180
                                               filing also will be available for                         demonstrate compliance with the                        days from that date, and August 3, 2018
                                               inspection and copying at the principal                   applicable holder requirements of                      is 240 days from that date. The
                                               office of the Exchange. All comments                      Section 102.01A in the Listed Company                  Commission finds it appropriate to
                                               received will be posted without change.                   Manual following a business                            designate a longer period within which
                                               Persons submitting comments are                           combination. Finally, NYSE proposes to                 to issue an order approving or
                                               cautioned that we do not redact or edit                   eliminate certain alternative initial                  disapproving the proposed rule change
                                               personal identifying information from                     listing distribution criteria for SPACs                so that it has sufficient time to consider
                                               comment submissions. You should                           that list in connection with a transfer or             the proposed rule change and the
                                               submit only information that you wish                     quotation. The proposed rule change                    comment letters. Accordingly, the
                                               to make available publicly. All                           was published for comment in the                       Commission, pursuant to Section
                                               submissions should refer to File                          Federal Register on December 6, 2017.4                 19(b)(2) of the Act,10 designates August
                                               Number SR–NYSEArca–2018–37, and                           In response, the Commission received                   3, 2018, as the date by which the
                                               should be submitted on or before June                     two comments on the proposal.5 On                      Commission shall either approve or
                                               27, 2018.                                                 January 18, 2018, the Commission                       disapprove the proposed rule change
                                                                                                         extended the time period within which                  (File No. SR–NYSE–2017–53).
                                                 For the Commission, by the Division of
                                                                                                         to approve the proposed rule change,                     For the Commission, by the Division of
                                               Trading and Markets, pursuant to delegated
                                               authority.11                                              disapprove the proposed rule change, or                Trading and Markets, pursuant to delegated
                                                                                                         institute proceedings to determine                     authority.11
                                               Eduardo A. Aleman,
                                                                                                         whether to approve or disapprove the                   Eduardo A. Aleman,
                                               Assistant Secretary.                                      proposed rule change to March 6, 2018.6                Assistant Secretary.
                                               [FR Doc. 2018–12112 Filed 6–5–18; 8:45 am]                The Commission issued an order                         [FR Doc. 2018–12113 Filed 6–5–18; 8:45 am]
                                               BILLING CODE 8011–01–P                                    instituting proceedings under Section                  BILLING CODE 8011–01–P
                                                                                                         19(b)(2)(B) of the Act to determine
                                                                                                         whether to approve or disapprove the
                                               SECURITIES AND EXCHANGE                                   proposed rule change on March 5, 2018
                                               COMMISSION                                                                                                       SECURITIES AND EXCHANGE
                                                                                                         (‘‘OIP’’).7 The Commission received one                COMMISSION
                                               [Release No. 34–83355; File No. SR–NYSE–                  additional comment letter in response to
                                               2017–53]                                                  the OIP.8                                              [Release No. 34–83361]
                                                                                                            Section 19(b)(2) of the Act 9 provides
                                               Self-Regulatory Organizations; New                        that, after initiating disapproval                     Order Cancelling Registrations of
                                               York Stock Exchange LLC; Notice of                        proceedings, the Commission shall issue                Certain Transfer Agents
                                               Designation of a Longer Period for                        an order approving or disapproving the                 June 1, 2018.
                                               Commission Action on a Proposed                           proposed rule change not later than 180                  On December 22, 2017, notice was
                                               Rule Change To Amend the Listed                                                                                  published in the Federal Register that
                                                                                                           1 15  U.S.C. 78s(b)(1).
                                               Company Manual for Special Purpose                                                                               the Securities and Exchange
                                                                                                           2 17  CFR 240.19b–4.
                                               Acquisition Companies To Lower the                                                                               Commission (‘‘Commission’’) intended
                                                                                                            3 The Commission notes that throughout this
                                               Initial Holders Requirement From 300                      Notice we have used the term ‘‘SPAC’’ or ‘‘SPACs.’’    to issue an order, pursuant to Section
                                               to 150 Round Lot Holders and To                           These terms have the same meaning as an                17A(c)(4)(B) of the Securities Exchange
                                               Eliminate Completely the 300 Public                       ‘‘Acquisition Company’’ or ‘‘AC’’ which is the term    Act of 1934 (‘‘Act’’),1 cancelling the
                                               Stockholders Continued Listing                            used by NYSE in its current proposed rule filing       registrations of certain transfer agents.2
                                                                                                         and rule text.
                                               Requirement, To Require at Least $5                          4 See Securities Exchange Act Release No. 82180
                                                                                                                                                                For the reasons discussed below, the
                                               Million in Net Tangible Assets for Initial                (November 30, 2017), 82 FR 57632 (December 6,          Commission is cancelling the
                                               and Continued Listing, and To Impose                      2017) (‘‘Notice’’).                                    registration of the transfer agents
                                               a 30-Day Deadline To Demonstrate                             5 See Letters to Brent J. Fields, Secretary,        identified in the attached Appendix.
                                               Compliance With Certain Initial Listing                   Commission, from Michael Kitlas, dated November
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                         30, 2017 (‘‘Kitlas Letter’’) and Jeffrey P. Mahoney,
                                               Requirements Following a Business                         General Counsel, Council of Institutional Investors,   Moshe Rothman, Assistant Director, or
                                               Combination                                               dated December 20, 2017 (‘‘CII Letter’’).              Catherine Whiting, Special Counsel, at
                                               May 31, 2018.
                                                                                                            6 See Securities Exchange Act Release No. 82531
                                                                                                                                                                (202) 551–4990, U.S. Securities and
                                                                                                         (January 18, 2018), 83 FR 3371 (January 24, 2018)
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                Exchange Commission, Division of
                                                  On November 16, 2017, New York                         (‘‘Extension’’).
                                                                                                                                                                Trading and Markets, Room 7321 SP1,
                                               Stock Exchange LLC (‘‘NYSE’’ or                              7 See Securities Exchange Act Release No. 82804

                                               ‘‘Exchange’’) filed with the Securities                   (March 5, 2018), 83 FR 10530 (March 9, 2018).
                                                                                                            8 See Letters to Brent J. Fields, Secretary,          10 Id.
                                               and Exchange Commission                                   Commission, from Jeffrey P. Mahoney, General             11 17 CFR 200.30–3(a)(31).
                                               (‘‘Commission’’), pursuant to Section                     Counsel, Council of Institutional Investors, dated       1 15 U.S.C. 78q–1(c)(4)(B).
                                                                                                         March 26, 2018 (‘‘CII Letter II’’).                      2 Securities Exchange Act Release No. 34–82342
                                                 11 17   CFR 200.30–3(a)(12).                               9 15 U.S.C. 78s(b)(2).                              (Dec. 18, 2017), 82 FR 60778.



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Document Created: 2018-06-06 00:53:51
Document Modified: 2018-06-06 00:53:51
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 Citation83 FR 26329 

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