83 FR 3812 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Amend the NYSE Listed Company Manual To Modify Its Requirements With Respect to Physical Delivery of Proxy Materials to the Exchange

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 18 (January 26, 2018)

Page Range		3812-3813
FR Document		2018-01419

Federal Register, Volume 83 Issue 18 (Friday, January 26, 2018)

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3812-3813]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01419]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82565; File No. SR-NYSE-2017-42]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Designation of a Longer Period for Commission Action on 
Proposed Rule Change To Amend the NYSE Listed Company Manual To Modify 
Its Requirements With Respect to Physical Delivery of Proxy Materials 
to the Exchange

January 22, 2018.
    On November 22, 2017, New York Stock Exchange LLC (``NYSE'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend the NYSE Listed Company Manual (the 
``Manual'') to modify its requirements with respect to the physical 
delivery of proxy materials to the Exchange. The proposed rule change 
was published for comment in the

[[Page 3813]]

Federal Register on December 12, 2017.\3\ The Commission received no 
comments on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82225 (December 6, 
2017), 82 FR 58473.
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    Section 19(b)(2) of the Act \4\ provides that, within 45 days of 
the publication of notice of the filing of a proposed rule change, or 
within such longer period up to 90 days as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding or as to which the self-regulatory organization 
consents, the Commission shall either approve the proposed rule change, 
disapprove the proposed rule change, or institute proceedings to 
determine whether the proposed rule change should be disapproved. The 
45th day after publication of the notice for this filing is January 26, 
2018.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission is extending the 45-day time period for Commission 
action on the proposed rule change. The Commission finds that it is 
appropriate to designate a longer period within which to take action on 
the proposed rule change so that it has sufficient time to consider the 
Exchange's proposal. Accordingly, pursuant to Section 19(b)(2) of the 
Act,\5\ the Commission designates March 12, 2018, as the date by which 
the Commission shall either approve or disapprove or institute 
proceedings to determine whether to disapprove the proposed rule change 
(File No. SR-NYSE-2017-42).
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    \5\ 15 U.S.C. 78s(b)(2).
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01419 Filed 1-25-18; 8:45 am]
 BILLING CODE 8011-01-P

3812 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices

auction markets with price and quote facilitate the listing and trading of an communications relating to the
transparency. The Exchange believes the additional type of Index Fund Shares proposed rule change between the
highly regulated options markets and that will enhance competition among Commission and any person, other than
the broad base and scope of the S&P 500 market participants, to the benefit of those that may be withheld from the
Index make securities that derive their investors and the marketplace. public in accordance with the
value from that index less susceptible to provisions of 5 U.S.C. 552, will be
market manipulation in view of market C. Self-Regulatory Organization’s available for website viewing and
capitalization and liquidity of the S&P Statement on Comments on the printing in the Commission’s Public
500 Index components, price and quote Proposed Rule Change Received From Reference Room, 100 F Street NE,
transparency, and arbitrage Members, Participants or Others Washington, DC 20549 on official
opportunities. The Exchange has neither solicited business days between the hours of
The Exchange believes that the nor received written comments on the 10:00 a.m. and 3:00 p.m. Copies of the
liquidity of the markets for S&P 500 proposed rule change. filing also will be available for
Index securities, S&P 500 Index inspection and copying at the principal
III. Date of Effectiveness of the
Options, and other related derivatives is office of the Exchange. All comments
sufficiently great to deter fraudulent or Proposed Rule Change and Timing for
received will be posted without change.
manipulative acts associated with the Commission Action
Persons submitting comments are
price of the Shares. The Exchange also Within 45 days of the date of cautioned that we do not redact or edit
believes that such efficiency and publication of this notice in the Federal personal identifying information from
liquidity are sufficient to support the Register or up to 90 days (i) as the comment submissions. You should
creation and redemption mechanism. Commission may designate if it finds submit only information that you wish
Coupled with the extensive surveillance such longer period to be appropriate to make available publicly. All
programs of the SROs described above, and publishes its reasons for so finding submissions should refer to File
the Exchange does not believe that or (ii) as to which the self-regulatory Number SR–CboeBZX–2018–005 and
trading in the Fund’s Shares would organization consents, the Commission should be submitted on or before
present manipulation concerns. will: February 16, 2018.
The Exchange represents that, except (A) By order approve or disapprove For the Commission, by the Division of
as it relates to the options portion of the the proposed rule change, or Trading and Markets, pursuant to delegated
Index and the index dissemination (B) Institute proceedings to determine authority.22
requirements described above, the Fund whether the proposed rule change Eduardo A. Aleman,
will meet and be subject to all other should be disapproved. Assistant Secretary.
requirements of Rule 14.11(c)(5) related
IV. Solicitation of Comments [FR Doc. 2018–01354 Filed 1–25–18; 8:45 am]
to generic listing standards of the Index
Interested persons are invited to BILLING CODE 8011–01–P
and other applicable requirements for
such a series of Index Fund Shares submit written data, views, and
under Rule 14.11(c) on an initial and arguments concerning the foregoing,
SECURITIES AND EXCHANGE
continued listing basis, including those including whether the proposed rule
COMMISSION
requirements regarding the change is consistent with the Act.
dissemination of key information such Comments may be submitted by any of [Release No. 34–82565; File No. SR–NYSE–
as the Net Asset Value, and the Intraday the following methods: 2017–42]
Indicative Value, rules governing the Electronic Comments
trading of equity securities, trading Self-Regulatory Organizations; New
hours, trading halts, surveillance, and • Use the Commission’s internet York Stock Exchange LLC; Notice of
comment form (http://www.sec.gov/ Designation of a Longer Period for
the information circular, as set forth in
rules/sro.shtml); or Commission Action on Proposed Rule
Exchange rules applicable to Index
Fund Shares and the orders approving • Send an email to rule-comments@ Change To Amend the NYSE Listed
sec.gov. Please include File Number SR– Company Manual To Modify Its
such rules. The Trust is required to
CboeBZX–2018–005 on the subject line. Requirements With Respect to
comply with Rule 10A–3 under the Act
Physical Delivery of Proxy Materials to
for the initial and continued listing of Paper Comments the Exchange
the Shares of the Fund. Moreover, all of
the options contracts held by the Fund • Send paper comments in triplicate
January 22, 2018.
will trade on markets that are a member to Secretary, Securities and Exchange
On November 22, 2017, New York
of ISG or affiliated with a member of Commission, 100 F Street NE,
Stock Exchange LLC (‘‘NYSE’’ or the
ISG or with which the Exchange has in Washington, DC 20549–1090.
‘‘Exchange’’) filed with the Securities
place a comprehensive surveillance All submissions should refer to File and Exchange Commission
sharing agreement. Number SR–CboeBZX–2018–005. This (‘‘Commission’’), pursuant to Section
For the above reasons, the Exchange file number should be included on the 19(b)(1) of the Securities Exchange Act
believes that the proposed rule change subject line if email is used. To help the of 1934 (‘‘Act’’) 1 and Rule 19b–4
is consistent with the requirements of Commission process and review your thereunder,2 a proposed rule change to
Section 6(b)(5) of the Act. comments more efficiently, please use amend the NYSE Listed Company
only one method. The Commission will Manual (the ‘‘Manual’’) to modify its
B. Self-Regulatory Organization’s post all comments on the Commission’s requirements with respect to the
daltland on DSKBBV9HB2PROD with NOTICES

Statement on Burden on Competition internet website (http://www.sec.gov/ physical delivery of proxy materials to
The Exchange does not believe that rules/sro.shtml). Copies of the the Exchange. The proposed rule change
the proposed rule change will impose submission, all subsequent was published for comment in the
any burden on competition that is not amendments, all written statements
necessary or appropriate in furtherance with respect to the proposed rule 22 17 CFR 200.30–3(a)(12).
of the purpose of the Act. The Exchange change that are filed with the 1 15 U.S.C. 78s(b)(1).
notes that the proposed rule change will Commission, and all written 2 17 CFR 240.19b–4.

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Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices 3813

Federal Register on December 12, notice is hereby given that on January proposed rule change also aligns the
2017.3 The Commission received no 12, 2018, BOX Options Exchange LLC ORF rule text of the Exchange to rule
comments on the proposed rule change. (the ‘‘Exchange’’) filed with the text recently adopted by Miami
Section 19(b)(2) of the Act 4 provides Securities and Exchange Commission International Securities Exchange
that, within 45 days of the publication (the ‘‘Commission’’) the proposed rule (‘‘MIAX’’).5
of notice of the filing of a proposed rule change as described in Items I, II, and The per-contract ORF will continue to
change, or within such longer period up III below, which Items have been be assessed by BOX Options to each
to 90 days as the Commission may prepared by the Exchange. The BOX Options Participant for all options
designate if it finds such longer period Exchange filed the proposed rule change transactions, cleared or ultimately
to be appropriate and publishes its pursuant to Section 19(b)(3)(A)(ii) of the cleared by the BOX Options Participant
reasons for so finding or as to which the Act,3 and Rule 19b–4(f)(2) thereunder,4 that are cleared by the Options Clearing
self-regulatory organization consents, which renders the proposal effective Corporation (‘‘OCC’’) in the customer
the Commission shall either approve the upon filing with the Commission. The range, regardless of the exchange on
proposed rule change, disapprove the Commission is publishing this notice to which the transaction occurs. The ORF
proposed rule change, or institute solicit comments on the proposed rule will be collected by OCC on behalf of
proceedings to determine whether the change from interested persons. BOX from either (1) a Participant that
proposed rule change should be was the ultimate clearing firm for the
I. Self-Regulatory Organization’s transaction or (2) a non-Participant that
disapproved. The 45th day after Statement of the Terms of Substance of
publication of the notice for this filing was the ultimate clearing firm where a
the Proposed Rule Change Participant was the executing clearing
is January 26, 2018.
The Commission is extending the 45- The Exchange is filing with the firm for the transaction. The Exchange
day time period for Commission action Securities and Exchange Commission uses reports from OCC to determine the
on the proposed rule change. The (‘‘Commission’’) a proposed rule change identity of the executing clearing firm
Commission finds that it is appropriate to amend the Fee Schedule to clarify the and ultimate clearing firm.
to designate a longer period within manner in which the Exchange assesses To illustrate how the ORF is assessed
which to take action on the proposed its Options Regulatory Fee (‘‘ORF’’). The and collected, the Exchange provides
rule change so that it has sufficient time text of the proposed rule change is the following set of examples. If the
to consider the Exchange’s proposal. available from the principal office of the transaction is executed on the Exchange
Accordingly, pursuant to Section Exchange, at the Commission’s Public and the ORF is assessed, if there is no
19(b)(2) of the Act,5 the Commission Reference Room and also on the change to the clearing account of the
designates March 12, 2018, as the date Exchange’s internet website at http:// original transaction, then the ORF is
by which the Commission shall either boxexchange.com. collected from the Participant that is the
approve or disapprove or institute II. Self-Regulatory Organization’s executing clearing firm for the
proceedings to determine whether to Statement of the Purpose of, and transaction. (The Exchange notes that,
disapprove the proposed rule change Statutory Basis for, the Proposed Rule for purposes of the Fee Schedule, when
(File No. SR–NYSE–2017–42). Change there is no change to the clearing
account of the original transaction, the
For the Commission, by the Division of In its filing with the Commission, the
Trading and Markets, pursuant to delegated
executing clearing firm is deemed to be
Exchange included statements the ultimate clearing firm.) If there is a
authority.6 concerning the purpose of and basis for
Eduardo A. Aleman,
change to the clearing account of the
the proposed rule change and discussed original transaction (i.e., the executing
Assistant Secretary. any comments it received on the clearing firm ‘‘gives-up’’ or ‘‘CMTAs’’
[FR Doc. 2018–01419 Filed 1–25–18; 8:45 am] proposed rule change. The text of these the transaction to another clearing firm),
BILLING CODE 8011–01–P statements may be examined at the then the ORF is collected from the
places specified in Item IV below. The clearing firm that ultimately clears the
Exchange has prepared summaries, set transaction—the ultimate clearing firm.
SECURITIES AND EXCHANGE forth in Sections A, B, and C below, of The ultimate clearing firm may be either
COMMISSION the most significant aspects of such
a Participant or non-Participant of the
statements.
[Release No. 34–82547; File No. SR–BOX– Exchange. If the transaction is executed
2018–02] A. Self-Regulatory Organization’s on an away exchange and the ORF is
Statement of the Purpose of, and the assessed, then the ORF is collected from
Self-Regulatory Organizations; BOX Statutory Basis for, the Proposed Rule the ultimate clearing firm for the
Options Exchange LLC; Notice of Change transaction. Again, the ultimate clearing
Filing and Immediate Effectiveness of firm may be either a Participant or non-
a Proposed Rule Change To Clarify the 1. Purpose
Participant of the Exchange. The
Manner in Which the Exchange The Exchange proposes to amend the Exchange notes, however, that when the
Assesses Its Options Regulatory Fee BOX Fee Schedule (the ‘‘Fee Schedule’’) transaction is executed on an away
to clarify the manner in which the exchange, the Exchange does not assess
January 19, 2018.
Exchange assesses its Options the ORF when neither the executing
Pursuant to Section 19(b)(1) under the Regulatory Fee (‘‘ORF’’). Currently, the
Securities Exchange Act of 1934 (the clearing firm nor the ultimate clearing
Exchange charges an ORF in the amount firm is a Participant (even if a
‘‘Act’’) 1 and Rule 19b–4 thereunder,2 of $0.0038 per contract side. The Participant is ‘‘given-up’’ or ‘‘CMTAed’’
daltland on DSKBBV9HB2PROD with NOTICES

3 See Securities Exchange Act Release No. 82225
proposed rule change does not change and then such Participant subsequently
(December 6, 2017), 82 FR 58473. the amount of the ORF, but instead ‘‘gives-up’’ or ‘‘CMTAs’’ the transaction
4 15 U.S.C. 78s(b)(2). modifies the rule text to clarify how the to another non-Participant via a CMTA
5 15 U.S.C. 78s(b)(2). ORF is assessed and collected. The
6 17 CFR 200.30–3(a)(31). 5 See Securities Exchange Act Release No. 81063
1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(ii). (June 30, 2017, 82 FR 31668 (July 7, 2017) (SR–
2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(2). MIAX–2017–31).

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Document Created: 2018-10-26 10:04:17
Document Modified: 2018-10-26 10:04:17

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 3812