83 FR 30808 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Commentary .02 to Rule 960NY in Order To Extend the Penny Pilot in Options Classes in Certain Issues Through December 31, 2018
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 126 (June 29, 2018)
Federal Register Volume 83, Issue 126 (June 29, 2018)
| Page Range | 30808-30810 | |
| FR Document | 2018-13979 |
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)] [Notices] [Pages 30808-30810] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13979] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-83507; File No. SR-NYSEAMER-2018-33] Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Commentary .02 to Rule 960NY in Order To Extend the Penny Pilot in Options Classes in Certain Issues Through December 31, 2018 June 25, 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 June 21, 2018, NYSE American LLC (the ``Exchange'' or ``NYSE American'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Commentary .02 to Rule 960NY in order to extend the Penny Pilot in options classes in certain issues (``Pilot Program'') previously approved by the Securities and Exchange Commission (``Commission'') through December 31, 2018. The Pilot Program is currently scheduled to expire on June 30, 2018. 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 hereby proposes to amend Commentary .02 to Rule 960NY to extend the time period of the Pilot Program,\4\ which is currently scheduled to expire on June 30, 2018, through December 31, 2018. The Exchange also proposes that the date to replace issues in the Pilot Program that have been delisted be revised to the second trading day following July 1, 2018.\5\ The Exchange believes that extending the Pilot would allow for further analysis of the Pilot Program and a determination of how the Pilot Program should be structured in the future. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 82358 (December 19, 2017), 82 FR 61054 (December 26, 2017) (SR-NYSEAMER-2017-38). \5\ The month immediately preceding a replacement class's addition to the Pilot Program (i.e., June) would not be used for purposes of the analysis for determining the replacement class. Thus, a replacement class to be added on the second trading day following July 1, 2018 would be identified based on The Option Clearing Corporation's trading volume data from December 1, 2017 through May 31, 2018. The Exchange will announce the replacement issues to the Exchange's membership through a Trader Update. --------------------------------------------------------------------------- This filing does not propose any substantive changes to the Pilot Program: All classes currently participating will remain the same and all minimum increments will remain unchanged. The Exchange believes the benefits to public customers and other market participants who will be able to express their true prices to buy and sell options have been demonstrated to outweigh the increase in quote traffic. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) \6\ of the Securities Exchange Act of 1934 (the ``Act''), in general, and furthers the objectives of Section 6(b)(5),\7\ in particular, 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 [[Page 30809]] persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanisms of a free and open market and a national market system. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b). \7\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- In particular, the proposed rule change, which extends the Penny Pilot Program for six months, allows the Exchange to continue to participate in a program that has been viewed as beneficial to traders, investors and public customers and viewed as successful by the other options exchanges participating in it. Accordingly, the Exchange believes that the proposal is consistent with the Act because it will allow the Exchange to extend the Pilot Program prior to its expiration on June 30, 2018. The Exchange notes that this proposal does not propose any new policies or provisions that are unique or unproven, but instead relates to the continuation of an existing program that operates on a pilot basis. The Exchange believes that the Pilot Program promotes just and equitable principles of trade by enabling public customers and other market participants to express their true prices to buy and sell options to the benefit of all market participants. The proposal to extend the Pilot Program is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanisms of a free and open market and a national market system, by allowing the Exchange and the Commission additional time to analyze the impact of the Pilot Program while also allowing the Exchange to continue to compete for order flow with other exchanges in option issues trading as part of the Pilot Program. 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. Specifically, the Exchange believes that, by extending the expiration of the Pilot Program, the proposed rule change will allow for further analysis of the Pilot Program and a determination of how this Program should be structured in the future. In doing so, the proposed rule change will also serve to promote regulatory clarity and consistency, thereby reducing burdens on the marketplace and facilitating investor protection. The Pilot Program is an industry-wide initiative supported by all other option exchanges. The Exchange believes that extending the Pilot Program will allow for continued competition between Exchange market participants trading similar products as their counterparts on other exchanges, while at the same time allowing the Exchange to continue to compete for order flow with other exchanges in option issues trading as part of the Pilot Program. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\ 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 prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b- 4(f)(6)(iii) thereunder.\11\ --------------------------------------------------------------------------- \8\ 15 U.S.C. 78s(b)(3)(A)(iii). \9\ 17 CFR 240.19b-4(f)(6). \10\ 15 U.S.C. 78s(b)(3)(A). \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this pre-filing requirement. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally does not become operative prior to 30 days after the date of the filing.\13\ However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. Without a waiver of 30-day operative delay, the Exchange's Pilot Program will expire before the extension of the Pilot Program is operative. The Commission believes that waiving the 30-day operative delay for the instant filing is consistent with the protection of investors and the public interest because doing so will allow the Pilot Program to continue without interruption in a manner that is consistent with the Commission's prior approval of the extension and expansion of the Pilot Program and will allow the Exchange and the Commission additional time to analyze the impact of the Pilot Program. Accordingly, the Commission designates the proposed rule change as operative upon filing with the Commission.\15\ --------------------------------------------------------------------------- \12\ 17 CFR 240.19b-4(f)(6). \13\ 17 CFR 240.19b-4(f)(6). \14\ 17 CFR 240.19b-4(f)(6)(iii). \15\ For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- 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 [email protected]. Please include File Number SR-NYSEAMER-2018-33 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEAMER-2018-33. 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 20549-1090 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 [[Page 30810]] 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-NYSEAMER-2018-33 and should be submitted on or before July 20, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-13979 Filed 6-28-18; 8:45 am] BILLING CODE 8011-01-P
![30808 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
investors, or otherwise in furtherance of For the Commission, by the Division of statements concerning the purpose of,
the purposes of the Act. Trading and Markets, pursuant to delegated and basis for, the proposed rule change
authority.19 and discussed any comments it received
IV. Solicitation of Comments Eduardo A. Aleman, on the proposed rule change. The text
Interested persons are invited to Assistant Secretary. of those statements may be examined at
submit written data, views and [FR Doc. 2018–13980 Filed 6–28–18; 8:45 am] the places specified in Item IV below.
arguments concerning the foregoing, BILLING CODE 8011–01–P The Exchange has prepared summaries,
including whether the proposed rule set forth in sections A, B, and C below,
change is consistent with the Act. of the most significant parts of such
Comments may be submitted by any of SECURITIES AND EXCHANGE statements.
the following methods: COMMISSION
A. Self-Regulatory Organization’s
Electronic Comments [Release No. 34–83507; File No. SR– Statement of the Purpose of, and the
NYSEAMER–2018–33] Statutory Basis for, the Proposed Rule
• Use the Commission’s internet Change
comment form (http://www.sec.gov/ Self-Regulatory Organizations; NYSE
rules/sro.shtml); or American LLC; Notice of Filing and 1. Purpose
• Send an email to rule-comments@ Immediate Effectiveness of Proposed The Exchange hereby proposes to
sec.gov. Please include File Number SR– Rule Change To Amend Commentary amend Commentary .02 to Rule 960NY
DTC–2018–005 on the subject line. .02 to Rule 960NY in Order To Extend to extend the time period of the Pilot
the Penny Pilot in Options Classes in Program,4 which is currently scheduled
Paper Comments Certain Issues Through December 31, to expire on June 30, 2018, through
2018 December 31, 2018. The Exchange also
• Send paper comments in triplicate
to Secretary, Securities and Exchange June 25, 2018.
proposes that the date to replace issues
Commission, 100 F Street NE, in the Pilot Program that have been
Pursuant to Section 19(b)(1) 1 of the
Washington, DC 20549. delisted be revised to the second trading
Securities Exchange Act of 1934 (the
day following July 1, 2018.5 The
All submissions should refer to File ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
Exchange believes that extending the
Number SR–DTC–2018–005. This file notice is hereby given that on June 21,
Pilot would allow for further analysis of
number should be included on the 2018, NYSE American LLC (the
the Pilot Program and a determination
subject line if email is used. To help the ‘‘Exchange’’ or ‘‘NYSE American’’) filed
of how the Pilot Program should be
Commission process and review your with the Securities and Exchange
structured in the future.
comments more efficiently, please use Commission (the ‘‘Commission’’) the This filing does not propose any
only one method. The Commission will proposed rule change as described in substantive changes to the Pilot
post all comments on the Commission’s Items I and II below, which Items have Program: All classes currently
internet website (http://www.sec.gov/ been prepared by the self-regulatory participating will remain the same and
rules/sro.shtml). Copies of the organization. The Commission is all minimum increments will remain
submission, all subsequent publishing this notice to solicit unchanged. The Exchange believes the
amendments, all written statements comments on the proposed rule change benefits to public customers and other
with respect to the proposed rule from interested persons. market participants who will be able to
change that are filed with the I. Self-Regulatory Organization’s express their true prices to buy and sell
Commission, and all written Statement of the Terms of Substance of options have been demonstrated to
communications relating to the the Proposed Rule Change outweigh the increase in quote traffic.
proposed rule change between the
Commission and any person, other than The Exchange proposes to amend 2. Statutory Basis
those that may be withheld from the Commentary .02 to Rule 960NY in order The proposed rule change is
public in accordance with the to extend the Penny Pilot in options consistent with Section 6(b) 6 of the
provisions of 5 U.S.C. 552, will be classes in certain issues (‘‘Pilot Securities Exchange Act of 1934 (the
available for website viewing and Program’’) previously approved by the ‘‘Act’’), in general, and furthers the
printing in the Commission’s Public Securities and Exchange Commission objectives of Section 6(b)(5),7 in
Reference Room, 100 F Street NE, (‘‘Commission’’) through December 31, particular, in that it is designed to
Washington, DC 20549 on official 2018. The Pilot Program is currently prevent fraudulent and manipulative
business days between the hours of scheduled to expire on June 30, 2018. acts and practices, to promote just and
10:00 a.m. and 3:00 p.m. Copies of the The proposed rule change is available equitable principles of trade, to foster
filing also will be available for on the Exchange’s website at cooperation and coordination with
inspection and copying at the principal www.nyse.com, at the principal office of
office of DTC and on DTCC’s website the Exchange, and at the Commission’s 4 See Securities Exchange Act Release No. 82358
(http://dtcc.com/legal/sec-rule- Public Reference Room. (December 19, 2017), 82 FR 61054 (December 26,
2017) (SR–NYSEAMER–2017–38).
filings.aspx). All comments received II. Self-Regulatory Organization’s 5 The month immediately preceding a
will be posted without change. Persons Statement of the Purpose of, and replacement class’s addition to the Pilot Program
submitting comments are cautioned that Statutory Basis for, the Proposed Rule (i.e., June) would not be used for purposes of the
we do not redact or edit personal analysis for determining the replacement class.
Change
sradovich on DSK3GMQ082PROD with NOTICES
Thus, a replacement class to be added on the
identifying information from comment second trading day following July 1, 2018 would be
submissions. You should submit only In its filing with the Commission, the
identified based on The Option Clearing
information that you wish to make self-regulatory organization included Corporation’s trading volume data from December
available publicly. All submissions 1, 2017 through May 31, 2018. The Exchange will
19 17 CFR 200.30–3(a)(12). announce the replacement issues to the Exchange’s
should refer to File Number SR–DTC– 1 15 U.S.C. 78s(b)(1). membership through a Trader Update.
2018–005 and should be submitted on 2 15 U.S.C. 78a. 6 15 U.S.C. 78f(b).
or before July 20, 2018. 3 17 CFR 240.19b–4. 7 15 U.S.C. 78f(b)(5).
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![30810 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
inspection and copying at the principal SBA’s business loan programs and, for regulatory orders and agreements (if
office of the Exchange. All comments enforcement of the applicable rules and applicable and as appropriate), and staff
received will be posted without change. regulations. Currently, the agency training on SBA lending.
Persons submitting comments are guarantees more than $90 billion dollars 2. Eligibility and Credit
cautioned that we do not redact or edit in small business loans through these Administration: In reviewing these
personal identifying information from programs. The information collection areas, SBA primarily requests lender’s
comment submissions. You should described in detail below helps OCRM or CDC’s policies, loan sample files;
submit only information that you wish protect the safety and soundness of the independent loan reviews; loan credit
to make available publicly. All business loan programs and taxpayer scoring and risk rating methodologies;
submissions should refer to File dollars. and information on loans approved as
Number SR–NYSEAMER–2018–33 and In general, SBA collects information exceptions to policy.
should be submitted on or before July in connection with PARRiS 1 reviews for 3. Compliance with Loan Program
20, 2018. 7(a) Federally-regulated Lenders, Requirements: Here, SBA collects
SMART 2 reviews for CDCs, and PARRiS information on services and fees
For the Commission, by the Division of
Trading and Markets, pursuant to delegated Safety and Soundness Examinations for charged for Third-party vendors,5
authority.16 SBA Supervised Lenders including lender’s FTA 6 trust account, and
Eduardo A. Aleman, Small Business Lending Companies lender’s use of the System of Awards
Assistant Secretary.
(SBLCs) and Non-Federally Regulated Management to perform agent due
Lenders (NFRLs).3 SBA also requests diligence.
[FR Doc. 2018–13979 Filed 6–28–18; 8:45 am]
certain information when it conducts 4. Portfolio Performance: In
BILLING CODE 8011–01–P
Delegated Authority Reviews of 7(a) considering lender or CDC portfolio
Lenders and CDCs, and Microloan performance, SBA requests that lenders
Intermediary Site Visits. The discussion provide a listing of loans indicating
SMALL BUSINESS ADMINISTRATION below identifies the nature of the those past due, those with servicing
information to be collected for each type actions, individual risk ratings, and
Data Collection Available for Public
of lender and the related review or those in liquidation or purchased for
Comments examination. In addition, SBA has SBA to compare with SBA data. SBA
60-Day notice and request for
ACTION: created separate lists, which are also also requests that lenders provide an
comments. discussed below, to clearly identify the explanation for risks identified (e.g.,
information to be collected. identified by high risk metrics or
SUMMARY: The Paperwork Reduction Act PARRiS flags triggered).
I. 7(a) Lender and CDC PARRIS and
(PRA) requires federal agencies to Further detail on the information SBA
SMART Analytical and Full Reviews
publish a notice in the Federal Register collects in Analytical and Full Reviews
and Safety and Soundness Exams
concerning each proposed collection of and Safety and Soundness Exams is
information before submitting it to OMB A. Common Information Collected contained in the SBA Supervised
for approval, and to allow 60 days for For all Analytical Reviews, Full Lender Safety and Soundness
public comment in response to the Reviews, and Safety and Soundness Examination/Full Review Information
notice. SBA initially published this examinations 4 of 7(a) lenders and CDCs, Request; 7(a) Lender PARRiS Analytical
required notice on April 2, 2018. SBA as applicable, in general, SBA requests Review Information Request; CDC
is republishing the notice to address the information related to the lender’s or SMART Analytical Review Information
two comments it received requesting CDC’s management and operation, Request; 7(a) Lender PARRiS Full
greater detail on the information to be eligibility of its SBA loans for SBA Review Information Request; and, CDC
collected and to provide an additional guaranty, compliance with SBA Loan SMART Full Review Information
60 days for public comment. Program Requirements, credit Request. Each Information Request
DATES: Submit comments on or before administration, and performance of its document is available upon request.
August 28, 2018. SBA loan portfolio.
1. Management and Operations: The B. SBA Supervised Lender
ADDRESSES: Send all comments to
information requested generally Supplemental Information for Safety
Adrienne Grierson, Deputy Director,
includes the SBA program organization and Soundness Exams
Office of Credit Risk Management,
Small Business Administration, at chart with responsibilities, business SBA is the primary federal regulator
lender.oversight@sba.gov. plan, financial and program audits, for SBA licensed SBLCs and NFRLs that
FOR FURTHER INFORMATION CONTACT: evidence of lender compliance with participate in the 7(a) program.7
Adrienne Grierson, Deputy Director,
1 PARRiS refers to the specific risk components 5 For purposes of this notice, Third-party vendors
Office of Credit Risk Management at
reviewed for 7(a) Lenders: (i) Portfolio Performance; include, for example, Loan Agents (e.g., Packagers
lender.oversight@sba.gov or 202–205– (ii) Asset Management; (iii) Regulatory Compliance; and Lender Service Providers) and Professional
6573, or Curtis B. Rich, Management (iv) Risk Management; and (v) Special Items. Managers with management contracts.
Analyst, 202–205–7030, curtis.rich@ 2 SMART refers to the specific risk components 6 FTA refers to SBA’s Fiscal and Transfer Agent.
sba.gov. reviewed for Certified Development Companies: (i) 7(a) Lenders that sell SBA loans in the Secondary
Solvency and Financial Condition; (ii) Management Market are required by the terms of the Form 1086,
SUPPLEMENTARY INFORMATION: SBA’s and Board Governance; (iii) Asset Quality and Secondary Participation Guaranty Agreement, to
Office of Credit Risk Management Servicing; (iv) Regulatory Compliance; and (v) deposit the guaranteed portion of loan payments in
Technical Issues and Mission. a segregated account for the benefit of investors.
sradovich on DSK3GMQ082PROD with NOTICES
(OCRM) is responsible for the oversight 3 SBLCs and NFRLs are defined in 15 U.S.C. 7 SBA Supervised Lenders are a relatively small
and supervision of the SBA operations 632(r) and 13 CFR 120.10. subset of 7(a) Lenders. 7(a) Lenders include SBA
of approximately 4000 7(a) Lenders, 4 Safety and Soundness Examinations are only Supervised Lenders and Federally Regulated 7(a)
Certified Development Companies performed on SBA Supervised Lenders in the 7(a) Lenders (i.e., those lenders regulated by the federal
(‘‘CDCs’’), and Microloan Intermediaries program. SBA Supervised Lenders include SBA bank regulators—Federal Deposit Insurance
licensed Small Business Lending Companies and Corporation, the Office of the Comptroller of the
(‘‘Intermediaries’’), that participate in Non-Federally Regulated Lenders as defined in 13 Currency, the Federal Reserve Board, the National
CFR 120.10. Analytical Reviews and Full Reviews Credit Union Administration, and the Farm Credit
16 17 CFR 200.30–3(a)(12). are performed on 7(a) Lenders and CDCs. Administration).
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Document Created: 2018-06-29 01:14:06
Document Modified: 2018-06-29 01:14:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 30808 |
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