83 FR 53324 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change of Non-Substantive Amendments to Rules 1.1, 7.31, and 7.46
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 204 (October 22, 2018)
Federal Register Volume 83, Issue 204 (October 22, 2018)
| Page Range | 53324-53326 | |
| FR Document | 2018-22905 |
[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)] [Notices] [Pages 53324-53326] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22905] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-84434; File No. SR-NYSE-2018-48] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change of Non-Substantive Amendments to Rules 1.1, 7.31, and 7.46 October 16, 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 October 3, 2018, New York Stock Exchange LLC (``NYSE'' or the ``Exchange'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C.78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes non-substantive amendments to Rules 1.1, 7.31, and 7.46. 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 reorganize the terms defined in Rule 1.1, Definitions, to place them in alphabetical order. The Exchange does not propose to amend the definition of any term that is currently defined in Rule 1.1. The Exchange also proposes to adopt a definition of the term ``Exchange Act'' under Rule 1.1(h), which would be defined as ``the Securities Exchange Act of 1934, as amended.'' This definition is identical [[Page 53325]] to the same definition in the rules of the Exchange's affiliate, NYSE Arca.\4\ --------------------------------------------------------------------------- \4\ See NYSE Arca Rule 1.1(q). --------------------------------------------------------------------------- The Exchange also proposes to amend Rules 7.31 and 7.46 to re-name ``Limit Non-Routable Order'' as ``Non-Routable Limit Order'' and ``Limit Non-Displayed Order'' as ``Non-Displayed Limit Order.'' These proposed rule changes are based on the terms used by the Exchange's affiliates, NYSE American LLC (``NYSE American'') and NYSE Arca, for the same order types.\5\ In both cases, the Exchange believes that it promotes clarity and consistency in its rules to move the respective modifier for each of these rules before the term ``Limit Order.'' The Exchange does not propose to amend the operation of either order type. --------------------------------------------------------------------------- \5\ See NYSE American Rules 7.31E(d)(2), 7.31E(e)(1)(E), 7.46E(f)(5)(E), and 7.46-E(f)(5)(F). See also NYSE Arca Rule 7.31- E(d)(2), 7.31-E(e)(1), 7.46-E(f)(5)(E), and 7.46-E(f)(5)(F). --------------------------------------------------------------------------- 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Securities Exchange Act of 1934 (the ``Act''),\6\ in general, and furthers the objectives of Section 6(b)(5),\7\ 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. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b). \7\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that alphabetizing the defined terms under Rule 1.1 would remove impediments to, and perfect the mechanism of, a free and open market and a national market system because it add clarity to the Exchange's rules and make the defined terms easier to navigate. The Exchange does not propose to amend the definition of any term that is currently defined in Rule 1.1. In addition, the proposed definition of the term ``Exchange Act'' under Rule 1.1(h), is identical to the same definition in the rules of the Exchange's affiliate, NYSE Arca.\8\ --------------------------------------------------------------------------- \8\ See NYSE Arca Rule 1.1(q). --------------------------------------------------------------------------- The Exchange also believes that renaming ``Limit Non-Displayed Order'' as ``Non-Displayed Limit Order'' and ``Limit Non-Routable Order'' as ``Non-Routable Limit Order'' would remove impediments to and perfect the mechanism of a free and open market and a national market system because the proposed changes are designed to promote clarity and consistency in Exchange rules by moving the modifier describing the function of the order type before the term ``Limit Order.'' The Exchange does not propose any changes to the operation of either order type. These proposed rule changes are also based on the terms used by the Exchange's affiliates, NYSE American and NYSE Arca, for the same order types,\9\ and would, therefore, remove impediments to, and perfect the mechanism of, a free and open market and a national market system by ensuring consistent terms are use amongst the Exchange and its affiliates for the same order types. --------------------------------------------------------------------------- \9\ See NYSE American Rules 7.31E(d)(2), 7.31E(e)(1)(E), 7.46E(f)(5)(E), and 7.46-E(f)(5)(F). See also NYSE Arca Rule 7.31- E(d)(2), 7.31-E(e)(1), 7.46-E(f)(5)(E), and 7.46-E(f)(5)(F). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change will not have any impact on competition because it simply alphabetize definitions and renames two order types and does not make any changes to the operation of those order types or to alter any existing definition. In addition, the proposed definition of ``Exchange Act'' will not have a competitive impact because the new definition is intended to simply add clarity to the Exchange's rules and is identical to the same definition in the rules of the Exchange's affiliate, NYSE Arca.\10\ --------------------------------------------------------------------------- \10\ See NYSE Arca Rule 1.1(q). --------------------------------------------------------------------------- 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 \11\ and Rule 19b-4(f)(6) thereunder.\12\ 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,\13\ the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\ --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A)(iii). \12\ 17 CFR 240.19b-4(f)(6). \13\ The Exchange has satisfied this requirement. \14\ 15 U.S.C. 78s(b)(3)(A). \15\ 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) \16\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \16\ 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 CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to rule-comments@sec.gov. Please include File Number SR-NYSE-2018-48 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-NYSE-2018-48. 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 [[Page 53326]] amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR- NYSE-2018-48 and should be submitted on or before November 13, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\17\ --------------------------------------------------------------------------- \17\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-22905 Filed 10-19-18; 8:45 am] BILLING CODE 8011-01-P
![53324 Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices
The following Schedule C appointing
authorities were revoked during May
2018.
Request
Agency name Organization name Position title Date vacated
number
DEPARTMENT OF COMMERCE .. Office of Public Affairs ................... Deputy Director of Speechwriting .. DC170075 05/12/2018
Press Assistant .............................. DC170057 05/15/2018
OFFICE OF THE SECRETARY OF Office of the Secretary of Defense Speechwriter .................................. DD180034 05/26/2018
DEFENSE.
DEPARTMENT OF EDUCATION .. Office of Elementary and Sec- Confidential Assistant (2) ............... DB180026 05/14/2018
ondary Education. DB170102 05/26/2018
DEPARTMENT OF ENERGY ........ Office of Science ............................ Physical Scientist (Senior Advisor) DE180016 05/26/2018
DEPARTMENT OF HEALTH AND Office of Refugee Resettlement/Of- Policy Advisor ................................ DH170339 05/06/2018
HUMAN SERVICES. fice of the Director.
Administration for Children and Confidential Assistant .................... DH170086 05/12/2018
Families.
Office of Global Affairs ................... Senior Advisor ................................ DH170103 05/12/2018
DEPARTMENT OF HOUSING Office of Public and Indian Hous- Special Policy Advisor ................... DU170113 05/12/2018
AND URBAN DEVELOPMENT. ing.
Office of Public Affairs ................... Director of Communications .......... DU170141 05/12/2018
DEPARTMENT OF JUSTICE ......... Office of Legal Policy ..................... Counsel .......................................... DJ170048 05/03/2018
DEPARTMENT OF LABOR ........... Office of Public Liaison .................. Special Assistant ............................ DL180053 05/26/2018
Office of the Secretary ................... Counselor to the Secretary ............ DL170052 05/26/2018
DEPARTMENT OF STATE ............ Office of the Secretary ................... Special Assistant (Scheduler) ........ DS180027 05/12/2018
Special Advisor .............................. DS170147 05/26/2018
DEPARTMENT OF THE NAVY ..... Office of the Under Secretary of Special Assistant ............................ DN170022 05/26/2018
the Navy.
DEPARTMENT OF THE TREAS- Department of the Treasury ........... Special Assistant ............................ DY170113 05/04/2018
URY.
DEPARTMENT OF TRANSPOR- Secretary ........................................ Special Assistant for Scheduling DT170137 05/11/2018
TATION. and Advance.
ENVIRONMENTAL PROTECTION Office of Public Affairs ................... Deputy Associate Administrator for EP170085 05/13/2018
AGENCY. State and Regional Affairs.
SMALL BUSINESS ADMINISTRA- Office of Capital Access ................ Special Advisor .............................. SB170021 05/05/2018
TION.
Office of Congressional and Legis- Special Advisor .............................. SB180021 05/12/2018
lative Affairs.
Authority: 5 U.S.C. 3301 and 3302; E.O. 3, 2018, New York Stock Exchange LLC and basis for, the proposed rule change
10577, 3 CFR, 1954–1958 Comp., p. 218. (‘‘NYSE’’ or the ‘‘Exchange’’) filed with and discussed any comments it received
U.S. Office of Personnel Management. the Securities and Exchange on the proposed rule change. The text
Alexys Stanley, Commission (the ‘‘Commission’’) the of those statements may be examined at
Regulatory Affairs Analyst, proposed rule change as described in the places specified in Item IV below.
[FR Doc. 2018–22685 Filed 10–19–18; 8:45 am]
Items I and II below, which Items have The Exchange has prepared summaries,
been prepared by the self-regulatory set forth in sections A, B, and C below,
BILLING CODE 6325–39–P
organization. The Commission is of the most significant parts of such
publishing this notice to solicit statements.
comments on the proposed rule change
SECURITIES AND EXCHANGE from interested persons. A. Self-Regulatory Organization’s
COMMISSION Statement of the Purpose of, and the
I. Self-Regulatory Organization’s
[Release No. 34–84434; File No. SR–NYSE– Statutory Basis for, the Proposed Rule
Statement of the Terms of Substance of
2018–48] the Proposed Rule Change Change
Self-Regulatory Organizations; New The Exchange proposes non- 1. Purpose
York Stock Exchange LLC; Notice of substantive amendments to Rules 1.1,
The Exchange proposes to reorganize
Filing and Immediate Effectiveness of 7.31, and 7.46. The proposed rule
change is available on the Exchange’s the terms defined in Rule 1.1,
Proposed Rule Change of Non- Definitions, to place them in
Substantive Amendments to Rules 1.1, website at www.nyse.com, at the
principal office of the Exchange, and at alphabetical order. The Exchange does
7.31, and 7.46 not propose to amend the definition of
the Commission’s Public Reference
October 16, 2018. Room. any term that is currently defined in
Pursuant to Section 19(b)(1) 1 of the Rule 1.1. The Exchange also proposes to
daltland on DSKBBV9HB2PROD with NOTICES
II. Self-Regulatory Organization’s adopt a definition of the term
Securities Exchange Act of 1934 (the
Statement of the Purpose of, and ‘‘Exchange Act’’ under Rule 1.1(h),
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
Statutory Basis for, the Proposed Rule which would be defined as ‘‘the
notice is hereby given that on October
Change
Securities Exchange Act of 1934, as
1 15 U.S.C.78s(b)(1). In its filing with the Commission, the amended.’’ This definition is identical
2 15 U.S.C. 78a. self-regulatory organization included
3 17 CFR 240.19b–4. statements concerning the purpose of,
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![53326 Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices
amendments, all written statements of companies and individuals with Company Act, or any rule or regulation
with respect to the proposed rule obligations under the federal securities thereunder, if and to the extent that
change that are filed with the laws who have been directly or such exemption is necessary or
Commission, and all written indirectly affected by Hurricane Michael appropriate in the public interest and
communications relating to the and its aftermath. consistent with the protection of
proposed rule change between the Section 15B(a)(4) of the Securities investors and the purposes fairly
Commission and any person, other than Exchange Act of 1934 (the ‘‘Exchange intended by the policy and provisions of
those that may be withheld from the Act’’) provides that the Securities and the Company Act. Section 38(a) of the
public in accordance with the Exchange Commission (the Company Act provides that the
provisions of 5 U.S.C. 552, will be ‘‘Commission’’), by rule or order, upon Commission may make, issue, amend
available for website viewing and its own motion or upon application, and rescind such rules and regulations
printing in the Commission’s Public may conditionally or unconditionally and such orders as are necessary or
Reference Room, 100 F Street NE, exempt any broker, dealer, municipal appropriate to the exercise of the
Washington, DC 20549 on official securities dealer or municipal advisor, powers conferred upon the Commission
business days between the hours of or class of brokers, dealers, municipal under the Company Act.
10:00 a.m. and 3:00 p.m. Copies of the securities dealers, or municipal advisors The necessity for prompt action of the
filing also will be available for from any provision of Section 15B or the Commission does not permit prior
inspection and copying at the principal rules or regulations thereunder, if the notice of the Commission’s action.
office of the Exchange. All comments Commission finds that such exemption
I. Time Period for the Relief
received will be posted without change. is consistent with the public interest,
Persons submitting comments are the protection of investors and the The time period for the relief
cautioned that we do not redact or edit purposes of Section 15B. specified in Sections II and VI of this
personal identifying information from Section 36 of the Exchange Act Order is as follows:
comment submissions. You should authorizes the Commission, by rule, • With respect to those persons or
submit only information that you wish regulation or order, to exempt, either entities affected by Hurricane Michael,
to make available publicly. All conditionally or unconditionally, any for the period from and including
submissions should refer to File person, security or transaction, or any October 10, 2018 to November 21, 2018,
Number SR–NYSE–2018–48 and should class or classes of persons, securities or all reports, schedules or forms must be
be submitted on or before November 13, transactions, from any provision or filed on or before November 23, 2018.
2018. provisions of the Exchange Act or any II. Filing Requirements for Registrants
For the Commission, by the Division of
rule or regulation thereunder, to the and Other Persons
Trading and Markets, pursuant to delegated extent that such exemption is necessary
or appropriate in the public interest, The lack of communications,
authority.17
and is consistent with the protection of transportation, electricity, facilities and
Eduardo A. Aleman, available staff and professional advisors
Assistant Secretary. investors.
Section 17A(c)(1) of the Exchange Act as a result of Hurricane Michael could
[FR Doc. 2018–22905 Filed 10–19–18; 8:45 am] hamper the efforts of public companies
provides that the appropriate regulatory
BILLING CODE 8011–01–P
agency, by rule or by order, upon its and other persons with filing obligations
own motion or upon application, may to meet their filing deadlines. At the
conditionally or unconditionally same time, investors have an interest in
SECURITIES AND EXCHANGE the timely availability of required
COMMISSION exempt any person or security or class
of persons or securities from any information about these companies and
provision of Section 17A or any rule or the activities of persons required to file
Securities Exchange Act of 1934;
regulation prescribed under Section schedules and reports with respect to
Release No. 34–84440/October 16,
17A, if the appropriate regulatory these companies. While the Commission
2018; Investment Company Act of
agency 1 finds that such exemption is in believes that the relief from filing
1940; Release No. IC–33272/October
the public interest and consistent with requirements provided by the
16, 2018; Order Under Section 15b,
the protection of investors and the exemption below is necessary and
Section 17a and Section 36 of the
purposes of Section 17A, including the appropriate in the public interest and
Securities Exchange Act of 1934
prompt and accurate clearance and consistent with the protection of
Granting Exemptions From Specified
settlement of securities transactions and investors, we remind public companies
Provisions of the Exchange Act and
the safeguarding of securities and funds. and other persons who are the subjects
Certain Rules Thereunder; Order
Section 17A(c)(1) also requires that the of this Order to continue to evaluate
Under Section 6(C) and Section 38(A)
Commission not object to the use of their obligations to make materially
of the Investment Company Act of
exemptive authority in instances where accurate and complete disclosures in
1940 Granting Exemptions From
an appropriate regulatory authority accordance with the anti-fraud
Specified Provisions of the Investment
other than the Commission is providing provisions of the federal securities laws.
Company Act and Certain Rules
exemptive relief. Accordingly, it is ordered, pursuant to
Thereunder
Section 6(c) of the Investment Section 36 of the Exchange Act, that a
On October 10, 2018, Hurricane Company Act of 1940 (the ‘‘Company registrant (as defined in Exchange Act
Michael made landfall on the Florida Act’’) provides that the Commission Rule 12b–2) subject to the reporting
Panhandle. The storm and subsequent may conditionally or unconditionally requirements of Exchange Act Section
daltland on DSKBBV9HB2PROD with NOTICES
flooding has displaced individuals and exempt any person, security or 13(a) or 15(d), and any person required
businesses and disrupted transaction, or any class or classes of to make any filings with respect to such
communications and transportation persons, securities or transactions, from a registrant, is exempt from any
across the affected region. We are any provision or provisions of the requirement to file or furnish materials
issuing this Order to address the needs with the Commission under Exchange
1 Section 3(a)(34)(B) of the Exchange Act defines Act Sections 13(a), 13(d), 13(f), 13(g),
17 17 CFR 200.30–3(a)(12). ‘‘appropriate regulatory authority.’’ 14(a), 14(c), 14(f), 15(d) and 16(a),
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Document Created: 2018-10-20 01:50:19
Document Modified: 2018-10-20 01:50:19
| 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 53324 |
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