83_FR_46945 83 FR 46766 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.23E, Obligations of Market Makers

83 FR 46766 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.23E, Obligations of Market Makers

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 179 (September 14, 2018)

Page Range46766-46768
FR Document2018-19970

Federal Register, Volume 83 Issue 179 (Friday, September 14, 2018)
[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Notices]
[Pages 46766-46768]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19970]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84069; File No. SR-NYSEAMER-2018-43]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend 
Rule 7.23E, Obligations of Market Makers

September 10, 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 August 28, 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.
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    \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 Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.23E, Obligations of Market 
Makers. The proposed rule change is available on the Exchange's website 
at www.nyse.com, at the principal office of the Exchange, and at the 
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to codify existing practice by harmonizing 
Rule 7.23E, Obligations of Market Makers, with similar rules of its 
affiliates, the New York Stock Exchange, Inc. (``NYSE''),\4\ NYSE Arca, 
Inc. (``NYSE Arca''),\5\ and NYSE National LLC (``NYSE National'') \6\. 
Specifically, the Exchange proposes to add language to paragraphs 
(a)(1)(B)(iii) and (iv) of Exchange Rule 7.23E to state that for 
purposes of each paragraph, rights and warrants will be considered Tier 
2 NMS Stocks. This text was inadvertently not included in each 
paragraph when Exchange Rule 7.23E was first adopted.\7\
---------------------------------------------------------------------------

    \4\ See NYSE Rule 104(a)(1)(B)(iii) and (iv).
    \5\ See NYSE Arca Rule 7.23-E(a)(1)(B)(iii) and (iv).
    \6\ See NYSE National Rule 7.23(a)(1)(B)(iii) and (iv).
    \7\ See Securities Exchange Act Release No. 80577 (May 2, 2017), 
82 FR 21446 (May 8, 2017) (SR-NYSEMKT-2017-04).
---------------------------------------------------------------------------

    In sum, Exchange Rule 7.23E(a)(1) sets forth the two-side quoting 
obligations of market makers and requires that the price of the bid 
(offer) interest shall be not more than the Designated Percentage away 
from the then current National Best Bid (Offer), or if no National Best 
Bid (Offer), not more than the Designated Percentage away from the last 
reported sale from the responsible single plan processor. In the event 
that the National Best Bid (Offer) (or if no National Best Bid (Offer), 
the last reported sale) increases (decreases) to a level that would 
cause the bid (offer) interest of the Two-Sided Obligation to be more 
than the Defined Limit away from the National Best Bid (Offer) (or if 
no National Best Bid (Offer), the last reported sale) or if the bid 
(offer) is executed or cancelled, the Market Maker shall enter new bid 
(offer) interest at a price not more than the Designated Percentage 
away from the then current National Best Bid (Offer) (or if no National 
Best Bid (Offer), the last reported sale), or identify to the Exchange 
current resting interest that satisfies the Two-Sided Obligation.
    Exchange Rules 7.23E(a)(1)(B)(iii) and (iv) include definitions for 
the terms ``Designated Percentage'' and ``Defined Limit.'' Pursuant to 
paragraph (a)(1)(B)(iii) of Exchange Rule 7.23E, the ``Designated 
Percentage'' shall be 8% for Tier 1 NMS Stocks under the Limit Up-Limit 
Down Plan (``Tier 1 NMS Stocks''), 28% for Tier 2 NMS Stocks under the 
Limit Up-Limit Down Plan (``Tier 2 NMS Stocks'') with a price equal to 
or greater than $1.00, and 30% for Tier 2 NMS Stocks with a price lower 
than $1.00, except that between 9:30 a.m. and 9:45 a.m. Eastern Time 
and between 3:35 p.m. Eastern Time and the close of Core Trading Hours, 
the Designated Percentage shall be 20% for Tier 1 NMS Stocks, 28% for 
Tier 2 NMS Stocks with a price equal to or greater than $1.00, and 30% 
for Tier 2 NMS Stocks with a price lower than $1.00.
    Pursuant to paragraph (a)(1)(B)(iv) of Exchange Rule 7.23E, the 
``Defined Limit'' shall be 9.5% for Tier 1 NMS Stocks, 29.5% for Tier 2 
NMS Stocks with a price equal to or greater than $1.00, and 31.5% for 
Tier 2 NMS Stocks with a price lower than $1.00, except that between 
9:30 a.m. and 9:45 a.m. Eastern Time and between 3:35 p.m. Eastern Time 
and the close of Core Trading Hours, the Defined Limit shall be 21.5% 
for Tier 1 NMS Stocks, 29.5% for Tier 2 NMS Stocks with a price equal 
to or greater than $1.00, and 31.5% for Tier 2 NMS Stocks with a price 
lower than $1.00.

[[Page 46767]]

    The Exchange proposes to add the following sentence to the end of 
subparagraphs (a)(1)(B)(iii) and (iv) of Exchange Rule 7.23E: For 
purposes of this paragraph, rights and warrants will be considered Tier 
2 NMS Stocks. Because rights and warrants are not subject to the Limit 
Up-Limit Down Plan, but are subject to market maker quoting 
requirements, the Exchange proposes to provide that for purposes of 
Rule 7.23E(a)(1)(B)(iii) and (iv), rights and warrants would be 
considered Tier 2 NMS Stocks. This sentence is included in similar 
rules of the Exchange's affiliates, NYSE,\8\ NYSE Arca,\9\ and NYSE 
National \10\ and was inadvertently not included when Exchange Rule 
7.23E was first adopted.\11\
---------------------------------------------------------------------------

    \8\ See NYSE Rule 104(a)(1)(B)(iii) and (iv).
    \9\ See NYSE Arca Rule 7.23-E(a)(1)(B)(iii) and (iv).
    \10\ See NYSE National Rule 7.23(a)(1)(B)(iii) and (iv).
    \11\ See supra note 7.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\12\ in general, and 
furthers the objectives of Section 6(b)(5),\13\ 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 proposed 
rule change would further harmonize the definition of the terms 
``Designated Percentage'' and ``Defined Limit'' under Exchange Rule 
7.23E(a)(1)(B) with the definition of those same terms under the rules 
of its affiliates \14\ by inserting language that was inadvertently 
excluded when Exchange Rule 7.23E was adopted. The proposed rule change 
should, therefore, provide for consistency among similar rules of the 
Exchange and its affiliates, thereby removing impediments to, and 
perfecting the mechanism of, a free and open market and a national 
market system and, in general, protecting investors and the public 
interest.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ See supra notes 4, 5, and 6.
---------------------------------------------------------------------------

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 Exchange believes that 
the proposed rule change would not have any impact on competition since 
it simply seeks to further harmonize the text of Exchange Rule 
7.23E(a)(1)(B) with the rules of its affiliates \15\ by inserting 
language that was inadvertently excluded when Exchange Rule 7.23E was 
adopted.
---------------------------------------------------------------------------

    \15\ Id.
---------------------------------------------------------------------------

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 \16\ and Rule 19b-4(f)(6) thereunder.\17\ 
Because the foregoing proposed rule 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 if consistent with the protection of investors 
and the public interest, provided that the self-regulatory organization 
has given the Commission written notice of its intent to file 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,\18\ the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \19\ and Rule 19b-4(f)(6) 
thereunder.\20\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ The Exchange has satisfied this requirement.
    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under 
Section 19(b)(2)(B) \21\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEAMER-2018-43 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE, 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEAMER-2018-43. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NYSEAMER-2018-43 and should be submitted 
on or before October 5, 2018.


[[Page 46768]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-19970 Filed 9-13-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               46766                          Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices

                                                                                                                                                                                                         ADAMS
                                                        Date                                                                      Title                                                               accession No.

                                               2/14/2018 ..........     Letter from Exelon to NRC titled ‘‘Certification of Permanent Cessation of Power Operations for Oyster                       ML18045A084
                                                                          Creek Nuclear Generating Station’’.
                                               5/21/2018 ..........     Letter from Exelon to NRC titled ‘‘Oyster Creek Nuclear Generating Station—Post-Shutdown Decommis-                           ML18141A775
                                                                          sioning Activities Report’’.
                                               12/1974 .............    Final Environmental Statement for Oyster Creek Nuclear Generating Station ................................................   ML072200150
                                               1/2007 ...............   NUREG–1437, Supplement 28, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear                           ML070100234
                                                                          Plants: Regarding Oyster Creek Nuclear Generating Station,’’ Volumes 1 and 2.                                              ML070100258



                                                 Dated at Rockville, Maryland, this 10th day             II. Self-Regulatory Organization’s                       the event that the National Best Bid
                                               of September 2018.                                        Statement of the Purpose of, and                         (Offer) (or if no National Best Bid
                                                 For the Nuclear Regulatory Commission.                  Statutory Basis for, the Proposed Rule                   (Offer), the last reported sale) increases
                                               John G. Lamb,                                             Change                                                   (decreases) to a level that would cause
                                               Senior Project Manager, Special Projects and                In its filing with the Commission, the                 the bid (offer) interest of the Two-Sided
                                               Process Branch, Division of Operating Reactor             self-regulatory organization included                    Obligation to be more than the Defined
                                               Licensing, Office of Nuclear Reactor                      statements concerning the purpose of,                    Limit away from the National Best Bid
                                               Regulation.                                               and basis for, the proposed rule change                  (Offer) (or if no National Best Bid
                                               [FR Doc. 2018–19976 Filed 9–13–18; 8:45 am]               and discussed any comments it received                   (Offer), the last reported sale) or if the
                                               BILLING CODE 7590–01–P                                    on the proposed rule change. The text                    bid (offer) is executed or cancelled, the
                                                                                                         of those statements may be examined at                   Market Maker shall enter new bid (offer)
                                                                                                         the places specified in Item IV below.                   interest at a price not more than the
                                                                                                         The Exchange has prepared summaries,                     Designated Percentage away from the
                                               SECURITIES AND EXCHANGE                                   set forth in sections A, B, and C below,                 then current National Best Bid (Offer)
                                               COMMISSION                                                of the most significant parts of such                    (or if no National Best Bid (Offer), the
                                                                                                         statements.                                              last reported sale), or identify to the
                                                                                                                                                                  Exchange current resting interest that
                                               [Release No. 34–84069; File No. SR–                       A. Self-Regulatory Organization’s                        satisfies the Two-Sided Obligation.
                                               NYSEAMER–2018–43]                                         Statement of the Purpose of, and the
                                                                                                         Statutory Basis for, the Proposed Rule                      Exchange Rules 7.23E(a)(1)(B)(iii) and
                                               Self-Regulatory Organizations; NYSE                       Change                                                   (iv) include definitions for the terms
                                               American LLC; Notice of Filing and                                                                                 ‘‘Designated Percentage’’ and ‘‘Defined
                                               Immediate Effectiveness of Proposed                       1. Purpose                                               Limit.’’ Pursuant to paragraph
                                               Rule Change To Amend Rule 7.23E,                             The Exchange proposes to codify                       (a)(1)(B)(iii) of Exchange Rule 7.23E, the
                                               Obligations of Market Makers                              existing practice by harmonizing Rule                    ‘‘Designated Percentage’’ shall be 8% for
                                                                                                         7.23E, Obligations of Market Makers,                     Tier 1 NMS Stocks under the Limit Up-
                                               September 10, 2018.                                                                                                Limit Down Plan (‘‘Tier 1 NMS
                                                                                                         with similar rules of its affiliates, the
                                                  Pursuant to Section 19(b)(1) 1 of the                  New York Stock Exchange, Inc.                            Stocks’’), 28% for Tier 2 NMS Stocks
                                               Securities Exchange Act of 1934 (the                      (‘‘NYSE’’),4 NYSE Arca, Inc. (‘‘NYSE                     under the Limit Up-Limit Down Plan
                                               ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                    Arca’’),5 and NYSE National LLC                          (‘‘Tier 2 NMS Stocks’’) with a price
                                               notice is hereby given that on August                     (‘‘NYSE National’’) 6. Specifically, the                 equal to or greater than $1.00, and 30%
                                               28, 2018, NYSE American LLC (the                          Exchange proposes to add language to                     for Tier 2 NMS Stocks with a price
                                               ‘‘Exchange’’ or ‘‘NYSE American’’) filed                  paragraphs (a)(1)(B)(iii) and (iv) of                    lower than $1.00, except that between
                                               with the Securities and Exchange                          Exchange Rule 7.23E to state that for                    9:30 a.m. and 9:45 a.m. Eastern Time
                                               Commission (the ‘‘Commission’’) the                       purposes of each paragraph, rights and                   and between 3:35 p.m. Eastern Time
                                               proposed rule change as described in                      warrants will be considered Tier 2 NMS                   and the close of Core Trading Hours, the
                                               Items I and II below, which Items have                    Stocks. This text was inadvertently not                  Designated Percentage shall be 20% for
                                               been prepared by the self-regulatory                      included in each paragraph when                          Tier 1 NMS Stocks, 28% for Tier 2 NMS
                                               organization. The Commission is                           Exchange Rule 7.23E was first adopted.7                  Stocks with a price equal to or greater
                                               publishing this notice to solicit                            In sum, Exchange Rule 7.23E(a)(1)                     than $1.00, and 30% for Tier 2 NMS
                                               comments on the proposed rule change                      sets forth the two-side quoting                          Stocks with a price lower than $1.00.
                                               from interested persons.                                  obligations of market makers and                            Pursuant to paragraph (a)(1)(B)(iv) of
                                               I. Self-Regulatory Organization’s                         requires that the price of the bid (offer)               Exchange Rule 7.23E, the ‘‘Defined
                                               Statement of the Terms of Substance of                    interest shall be not more than the                      Limit’’ shall be 9.5% for Tier 1 NMS
                                               the Proposed Rule Change                                  Designated Percentage away from the                      Stocks, 29.5% for Tier 2 NMS Stocks
                                                                                                         then current National Best Bid (Offer),                  with a price equal to or greater than
                                                 The Exchange proposes to amend                          or if no National Best Bid (Offer), not                  $1.00, and 31.5% for Tier 2 NMS Stocks
                                               Rule 7.23E, Obligations of Market                         more than the Designated Percentage                      with a price lower than $1.00, except
                                               Makers. The proposed rule change is                       away from the last reported sale from                    that between 9:30 a.m. and 9:45 a.m.
                                               available on the Exchange’s website at                    the responsible single plan processor. In                Eastern Time and between 3:35 p.m.
daltland on DSKBBV9HB2PROD with NOTICES




                                               www.nyse.com, at the principal office of                                                                           Eastern Time and the close of Core
                                               the Exchange, and at the Commission’s                        4 See NYSE Rule 104(a)(1)(B)(iii) and (iv).           Trading Hours, the Defined Limit shall
                                                                                                            5 See NYSE Arca Rule 7.23–E(a)(1)(B)(iii) and (iv).
                                               Public Reference Room.                                                                                             be 21.5% for Tier 1 NMS Stocks, 29.5%
                                                                                                            6 See NYSE National Rule 7.23(a)(1)(B)(iii) and
                                                                                                                                                                  for Tier 2 NMS Stocks with a price
                                                                                                         (iv).
                                                 1 15 U.S.C. 78s(b)(1).                                     7 See Securities Exchange Act Release No. 80577       equal to or greater than $1.00, and
                                                 2 15 U.S.C. 78a.                                        (May 2, 2017), 82 FR 21446 (May 8, 2017) (SR–            31.5% for Tier 2 NMS Stocks with a
                                                 3 17 CFR 240.19b–4.                                     NYSEMKT–2017–04).                                        price lower than $1.00.


                                          VerDate Sep<11>2014     17:06 Sep 13, 2018   Jkt 244001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\14SEN1.SGM     14SEN1


                                                                            Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices                                         46767

                                                 The Exchange proposes to add the                       any burden on competition that is not                change should be approved or
                                               following sentence to the end of                         necessary or appropriate in furtherance              disapproved.
                                               subparagraphs (a)(1)(B)(iii) and (iv) of                 of the purposes of the Act. The
                                                                                                                                                             IV. Solicitation of Comments
                                               Exchange Rule 7.23E: For purposes of                     Exchange believes that the proposed
                                               this paragraph, rights and warrants will                 rule change would not have any impact                  Interested persons are invited to
                                               be considered Tier 2 NMS Stocks.                         on competition since it simply seeks to              submit written data, views, and
                                               Because rights and warrants are not                      further harmonize the text of Exchange               arguments concerning the foregoing,
                                               subject to the Limit Up-Limit Down                       Rule 7.23E(a)(1)(B) with the rules of its            including whether the proposed rule
                                               Plan, but are subject to market maker                    affiliates 15 by inserting language that             change is consistent with the Act.
                                               quoting requirements, the Exchange                       was inadvertently excluded when                      Comments may be submitted by any of
                                               proposes to provide that for purposes of                 Exchange Rule 7.23E was adopted.                     the following methods:
                                               Rule 7.23E(a)(1)(B)(iii) and (iv), rights
                                               and warrants would be considered Tier                    C. Self-Regulatory Organization’s                    Electronic Comments
                                               2 NMS Stocks. This sentence is                           Statement on Comments on the
                                                                                                        Proposed Rule Change Received From                      • Use the Commission’s internet
                                               included in similar rules of the                                                                              comment form (http://www.sec.gov/
                                               Exchange’s affiliates, NYSE,8 NYSE                       Members, Participants, or Others
                                                                                                                                                             rules/sro.shtml); or
                                               Arca,9 and NYSE National 10 and was                        No written comments were solicited
                                               inadvertently not included when                                                                                  • Send an email to rule-comments@
                                                                                                        or received with respect to the proposed             sec.gov. Please include File Number SR–
                                               Exchange Rule 7.23E was first                            rule change.
                                               adopted.11                                                                                                    NYSEAMER–2018–43 on the subject
                                                                                                        III. Date of Effectiveness of the                    line.
                                               2. Statutory Basis                                       Proposed Rule Change and Timing for                  Paper Comments
                                                  The proposed rule change is                           Commission Action
                                               consistent with Section 6(b) of the                                                                             • Send paper comments in triplicate
                                               Securities Exchange Act of 1934 (the                        The Exchange has filed the proposed               to Brent J. Fields, Secretary, Securities
                                               ‘‘Act’’),12 in general, and furthers the                 rule change pursuant to Section                      and Exchange Commission, 100 F Street
                                               objectives of Section 6(b)(5),13 in                      19(b)(3)(A)(iii) of the Act 16 and Rule              NE, Washington, DC 20549–1090.
                                               particular, because it is designed to                    19b–4(f)(6) thereunder.17 Because the
                                                                                                        foregoing proposed rule does not (i)                 All submissions should refer to File
                                               prevent fraudulent and manipulative
                                                                                                        significantly affect the protection of               Number SR–NYSEAMER–2018–43. This
                                               acts and practices, to promote just and
                                                                                                        investors or the public interest; (ii)               file number should be included on the
                                               equitable principles of trade, to foster
                                                                                                        impose any significant burden on                     subject line if email is used. To help the
                                               cooperation and coordination with
                                                                                                        competition; and (iii) become operative              Commission process and review your
                                               persons engaged in facilitating
                                                                                                        for 30 days from the date on which it                comments more efficiently, please use
                                               transactions in securities, to remove
                                                                                                        was filed, or such shorter time as the               only one method. The Commission will
                                               impediments to, and perfect the
                                                                                                        Commission may designate if consistent               post all comments on the Commission’s
                                               mechanism of, a free and open market
                                                                                                        with the protection of investors and the             internet website (http://www.sec.gov/
                                               and a national market system and, in
                                                                                                        public interest, provided that the self-             rules/sro.shtml). Copies of the
                                               general, to protect investors and the
                                                                                                        regulatory organization has given the                submission, all subsequent
                                               public interest. The proposed rule
                                               change would further harmonize the                       Commission written notice of its intent              amendments, all written statements
                                               definition of the terms ‘‘Designated                     to file the proposed rule change at least            with respect to the proposed rule
                                               Percentage’’ and ‘‘Defined Limit’’ under                 five business days prior to the date of              change that are filed with the
                                               Exchange Rule 7.23E(a)(1)(B) with the                    filing of the proposed rule change or                Commission, and all written
                                               definition of those same terms under the                 such shorter time as designated by the               communications relating to the
                                               rules of its affiliates 14 by inserting                  Commission,18 the proposed rule                      proposed rule change between the
                                               language that was inadvertently                          change has become effective pursuant to              Commission and any person, other than
                                               excluded when Exchange Rule 7.23E                        Section 19(b)(3)(A) of the Act 19 and                those that may be withheld from the
                                               was adopted. The proposed rule change                    Rule 19b–4(f)(6) thereunder.20                       public in accordance with the
                                               should, therefore, provide for                                                                                provisions of 5 U.S.C. 552, will be
                                                                                                           At any time within 60 days of the                 available for website viewing and
                                               consistency among similar rules of the                   filing of such proposed rule change, the
                                               Exchange and its affiliates, thereby                                                                          printing in the Commission’s Public
                                                                                                        Commission summarily may                             Reference Room, 100 F Street NE,
                                               removing impediments to, and                             temporarily suspend such rule change if
                                               perfecting the mechanism of, a free and                                                                       Washington, DC 20549 on official
                                                                                                        it appears to the Commission that such               business days between the hours of
                                               open market and a national market                        action is necessary or appropriate in the
                                               system and, in general, protecting                                                                            10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                        public interest, for the protection of               filing also will be available for
                                               investors and the public interest.                       investors, or otherwise in furtherance of            inspection and copying at the principal
                                               B. Self-Regulatory Organization’s                        the purposes of the Act. If the                      office of the Exchange. All comments
                                               Statement on Burden on Competition                       Commission takes such action, the                    received will be posted without change.
                                                 The Exchange does not believe that                     Commission shall institute proceedings               Persons submitting comments are
                                               the proposed rule change will impose                     under Section 19(b)(2)(B) 21 of the Act to           cautioned that we do not redact or edit
                                                                                                        determine whether the proposed rule                  personal identifying information from
daltland on DSKBBV9HB2PROD with NOTICES




                                                 8 See  NYSE Rule 104(a)(1)(B)(iii) and (iv).                                                                comment submissions. You should
                                                                                                         15 Id.
                                                 9 See  NYSE Arca Rule 7.23–E(a)(1)(B)(iii) and (iv).                                                        submit only information that you wish
                                                  10 See NYSE National Rule 7.23(a)(1)(B)(iii) and       16 15 U.S.C. 78s(b)(3)(A)(iii).                     to make available publicly. All
                                               (iv).                                                     17 17 CFR 240.19b–4(f)(6).
                                                  11 See supra note 7.                                   18 The Exchange has satisfied this requirement.
                                                                                                                                                             submissions should refer to File
                                                  12 15 U.S.C. 78f(b).                                   19 15 U.S.C. 78s(b)(3)(A).                          Number SR–NYSEAMER–2018–43 and
                                                  13 15 U.S.C. 78f(b)(5).                                20 17 CFR 240.19b–4(f)(6).                          should be submitted on or before
                                                  14 See supra notes 4, 5, and 6.                        21 15 U.S.C. 78s(b)(2)(B).                          October 5, 2018.


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                                               46768                         Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices

                                                 For the Commission, by the Division of                  certain names or titles; a discussion                 open-end management investment
                                               Trading and Markets, pursuant to delegated                regarding the Commission’s proposed                   company with multiple series, and
                                               authority.22                                              Form CRS Relationship Summary,                        Wealthn LLC (the ‘‘Initial Adviser’’), a
                                               Eduardo A. Aleman,                                        including effective disclosure and                    Delaware limited liability company,
                                               Assistant Secretary.                                      design.                                               which will register as an investment
                                               [FR Doc. 2018–19970 Filed 9–13–18; 8:45 am]               CONTACT PERSON FOR MORE INFORMATION:                  adviser under the Investment Advisers
                                               BILLING CODE 8011–01–P                                    For further information, please contact               Act of 1940.
                                                                                                         Brent J. Fields from the Office of the                FILING DATES: The application was filed
                                                                                                         Secretary at (202) 551–5400.                          on June 11, 2018 and amended on
                                               SECURITIES AND EXCHANGE                                                                                         August 15, 2018.
                                                                                                           Dated: September 12, 2018.
                                               COMMISSION
                                                                                                         Brent J. Fields,                                      HEARING OR NOTIFICATION OF HEARING: An
                                               Sunshine Act Meetings                                     Secretary.                                            order granting the requested relief will
                                                                                                         [FR Doc. 2018–20179 Filed 9–12–18; 4:15 pm]
                                                                                                                                                               be issued unless the Commission orders
                                               TIME AND DATE:   Notice is hereby given,                                                                        a hearing. Interested persons may
                                                                                                         BILLING CODE 8011–01–P
                                               pursuant to the provisions of the                                                                               request a hearing by writing to the
                                               Government in the Sunshine Act, Public                                                                          Commission’s Secretary and serving
                                               Law 94–409, that a public roundtable                      SECURITIES AND EXCHANGE                               applicants with a copy of the request,
                                               will be held in Baltimore, MD on                          COMMISSION                                            personally or by mail. Hearing requests
                                               Thursday, September 20, 2018 from                                                                               should be received by the Commission
                                               6:00–7:30 p.m. (ET).                                      [Investment Company Act Release No.                   by 5:30 p.m. on October 8, 2018, and
                                                                                                         33223; 812–14919]                                     should be accompanied by proof of
                                               PLACE: The roundtable will be held at
                                               the Reginald F. Lewis Museum of                                                                                 service on applicants, in the form of an
                                                                                                         Wealthn LLC and TigerShares Trust
                                               Maryland African American History &                                                                             affidavit, or for lawyers, a certificate of
                                               Culture, 830 E Pratt Street, Baltimore,                   September 11, 2018.                                   service. Pursuant to rule 0–5 under the
                                               MD 21202.                                                 AGENCY: Securities and Exchange                       Act, hearing requests should state the
                                               STATUS: The roundtable will be open to                    Commission (‘‘Commission’’).                          nature of the writer’s interest, any facts
                                               the public. Seating for public observers                  ACTION: Notice.                                       bearing upon the desirability of a
                                               will be on a first-come, first-served                                                                           hearing on the matter, the reason for the
                                               basis. Doors will open at 5:30 p.m. and                      Notice of an application for an order              request, and the issues contested.
                                               the event will begin at 6:00 p.m. Visitors                under section 6(c) of the Investment                  Persons who wish to be notified of a
                                               will be subject to security checks. A                     Company Act of 1940 (the ‘‘Act’’) for an              hearing may request notification by
                                               transcript of the roundtable will be                      exemption from sections 2(a)(32),                     writing to the Commission’s Secretary.
                                               made available in the comment file for                    5(a)(1), 22(d), and 22(e) of the Act and              ADDRESSES: Secretary, Securities and
                                               the Commission’s proposed rulemaking                      rule 22c–1 under the Act, under                       Exchange Commission, 100 F Street, NE,
                                               package regarding the standards of                        sections 6(c) and 17(b) of the Act for an             Washington, DC 20549–1090;
                                               conduct for investment professionals.                     exemption from sections 17(a)(1) and                  Applicants: 3532 Muirwood Drive,
                                               MATTERS TO BE CONSIDERED: On April 18,
                                                                                                         17(a)(2) of the Act, and under section                Newtown Square, PA 19073.
                                               2018, the Commission voted to propose                     12(d)(1)(J) for an exemption from                     FOR FURTHER INFORMATION CONTACT:
                                               a package of rulemakings and                              sections 12(d)(1)(A) and 12(d)(1)(B) of               Laura L. Solomon, Senior Counsel, at
                                               interpretations designed to enhance the                   the Act. The requested order would                    (202) 551–6915, or Kaitlin C. Bottock,
                                               quality and transparency of investors’                    permit (a) index-based series of certain              Branch Chief, at (202) 551–6821
                                               relationships with investment advisers                    open-end management investment                        (Division of Investment Management,
                                               and broker-dealers while preserving                       companies (‘‘Funds’’) to issue shares                 Chief Counsel’s Office).
                                               access to a variety of types of advice                    redeemable in large aggregations only
                                                                                                                                                               SUPPLEMENTARY INFORMATION: The
                                               relationships and investment products.                    (‘‘Creation Units’’); (b) secondary market
                                                                                                         transactions in Fund shares to occur at               following is a summary of the
                                               On April 24, 2018, Chairman Jay                                                                                 application. The complete application
                                               Clayton issued a statement announcing                     negotiated market prices rather than at
                                                                                                         net asset value (‘‘NAV’’); (c) certain                may be obtained via the Commission’s
                                               that he had asked SEC staff to put                                                                              website by searching for the file
                                               together a series of roundtables focused                  Funds to pay redemption proceeds,
                                                                                                         under certain circumstances, more than                number, or for an applicant using the
                                               on the retail investor to be held in                                                                            Company name box, at http://
                                               different cities across the country. The                  seven days after the tender of shares for
                                                                                                         redemption; (d) certain affiliated                    www.sec.gov/search/search.htm or by
                                               roundtables are intended to gather                                                                              calling (202) 551–8090.
                                               information directly from those                           persons of a Fund to deposit securities
                                               investors most affected by the                            into, and receive securities from, the                Summary of the Application
                                               Commission’s rulemaking.                                  Fund in connection with the purchase                    1. Applicants request an order that
                                                  The Baltimore roundtable is open to                    and redemption of Creation Units; (e)                 would allow Funds to operate as index
                                               the public. This Sunshine Act notice is                   certain registered management                         exchange traded funds (‘‘ETFs’’).1 Fund
                                               being issued because a quorum of the                      investment companies and unit
                                               Commission may attend the roundtable.                     investment trusts outside of the same                    1 Applicants request that the order apply to the

                                                  The agenda for the meeting includes                    group of investment companies as the                  Initial Fund and any additional series of the Trust,
                                               a discussion with Chairman Clayton,                       Funds (‘‘Funds of Funds’’) to acquire                 and any other existing or future open-end
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                         shares of the Funds; and (f) certain                  management investment company or existing or
                                               Commissioners Kara Stein, Robert                                                                                future series thereof (each, included in the term
                                               Jackson and Elad Roisman, and senior                      Funds (‘‘Feeder Funds’’) to create and                ‘‘Fund’’), each of which will operate as an ETF and
                                               SEC staff regarding the Commission’s                      redeem Creation Units in-kind in a                    will track a specified index comprised of domestic
                                               proposed Regulation Best Interest and                     master-feeder structure.                              and/or foreign equity securities and/or domestic
                                                                                                                                                               and/or foreign fixed income securities (each, an
                                               the proposed restriction on the use of                    APPLICANTS: TigerShares Trust (the
                                                                                                                                                               ‘‘Underlying Index’’). Any Fund will (a) be advised
                                                                                                         ‘‘Trust’’), a Delaware statutory trust,               by the Initial Adviser or an entity controlling,
                                                 22 17   CFR 200.30–3(a)(12).                            which will register under the Act as an               controlled by, or under common control with the



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Document Created: 2018-09-14 03:03:03
Document Modified: 2018-09-14 03:03:03
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 46766 

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