83_FR_63176 83 FR 62942 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Amend the Listed Company Manual for Acquisition Companies To Reduce the Continued Listing Standards for Public Holders From 300 to 100 and To Enable the Exchange To Exercise Discretion To Allow Acquisition Companies a Reasonable Time Period Following a Business Combination To Demonstrate Compliance With the Applicable Quantitative Listing Standards

83 FR 62942 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Amend the Listed Company Manual for Acquisition Companies To Reduce the Continued Listing Standards for Public Holders From 300 to 100 and To Enable the Exchange To Exercise Discretion To Allow Acquisition Companies a Reasonable Time Period Following a Business Combination To Demonstrate Compliance With the Applicable Quantitative Listing Standards

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range62942-62942
FR Document2018-26397

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Page 62942]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26397]



[[Page 62942]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84680; File No. SR-NYSE-2018-46]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Designation of a Longer Period for Commission Action on a 
Proposed Rule Change To Amend the Listed Company Manual for Acquisition 
Companies To Reduce the Continued Listing Standards for Public Holders 
From 300 to 100 and To Enable the Exchange To Exercise Discretion To 
Allow Acquisition Companies a Reasonable Time Period Following a 
Business Combination To Demonstrate Compliance With the Applicable 
Quantitative Listing Standards

November 29, 2018.
    On October 1, 2018, New York Stock Exchange LLC (``NYSE'' or 
``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 Listed Company Manual for Acquisition 
Companies (``ACs'') to reduce the continued listing standards for 
public holders from 300 to 100 and to enable the Exchange to exercise 
discretion to allow ACs a reasonable time period following a business 
combination to demonstration compliance with the applicable 
quantitative listing standards. The proposed rule change was published 
for comment in the Federal Register on October 18, 2018.\3\ The 
Commission received one comment on the proposal.\4\
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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. 84420 (October 12, 
2018), 83 FR 52854 (October 18, 2018) (``Notice'').
    \4\ See Letter to Brent J. Fields, Secretary, Commission, from 
Jeffrey P. Mahoney, General Counsel, Council of Institutional 
Investors, dated November 8, 2018 (``CII Letter'').
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    Section 19(b)(2) of the Act \5\ provides that within 45 days of the 
notice publication 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 proposed rule change 
is December 2, 2018. The Commission is extending this 45-day time 
period.
    The Commission finds it 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 proposal and the comment letter. 
Accordingly, the Commission, pursuant to Section 19(b)(2) of the 
Act,\6\ designates January 16, 2019, 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-2018-46).
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    \5\ 15 U.S.C. 78s(b)(2).
    \6\ Id.
    \7\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26397 Filed 12-4-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               62942                      Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               SECURITIES AND EXCHANGE                                 after publication of the notice for this                  The text of the proposed rule change
                                               COMMISSION                                              proposed rule change is December 2,                    is available on the Exchange’s website at
                                                                                                       2018. The Commission is extending this                 http://nasdaqphlx.cchwallstreet.com/,
                                               [Release No. 34–84680; File No. SR–NYSE–
                                               2018–46]
                                                                                                       45-day time period.                                    at the principal office of the Exchange,
                                                                                                          The Commission finds it appropriate                 and at the Commission’s Public
                                               Self-Regulatory Organizations; New                      to designate a longer period within                    Reference Room.
                                               York Stock Exchange LLC; Notice of                      which to take action on the proposed
                                                                                                       rule change so that it has sufficient time             II. Self-Regulatory Organization’s
                                               Designation of a Longer Period for
                                                                                                       to consider the proposal and the                       Statement of the Purpose of, and
                                               Commission Action on a Proposed
                                                                                                       comment letter. Accordingly, the                       Statutory Basis for, the Proposed Rule
                                               Rule Change To Amend the Listed
                                                                                                       Commission, pursuant to Section                        Change
                                               Company Manual for Acquisition
                                               Companies To Reduce the Continued                       19(b)(2) of the Act,6 designates January
                                                                                                                                                                In its filing with the Commission, the
                                               Listing Standards for Public Holders                    16, 2019, as the date by which the
                                                                                                                                                              Exchange included statements
                                               From 300 to 100 and To Enable the                       Commission shall either approve or
                                                                                                                                                              concerning the purpose of and basis for
                                               Exchange To Exercise Discretion To                      disapprove, or institute proceedings to
                                                                                                                                                              the proposed rule change and discussed
                                               Allow Acquisition Companies a                           determine whether to disapprove, the
                                                                                                       proposed rule change (File No. SR–                     any comments it received on the
                                               Reasonable Time Period Following a                                                                             proposed rule change. The text of these
                                               Business Combination To                                 NYSE–2018–46).
                                                                                                                                                              statements may be examined at the
                                               Demonstrate Compliance With the                           For the Commission, by the Division of               places specified in Item IV below. The
                                               Applicable Quantitative Listing                         Trading and Markets, pursuant to delegated
                                                                                                       authority.7
                                                                                                                                                              Exchange has prepared summaries, set
                                               Standards                                                                                                      forth in sections A, B, and C below, of
                                                                                                       Eduardo A. Aleman,
                                               November 29, 2018.                                                                                             the most significant aspects of such
                                                                                                       Assistant Secretary.
                                                  On October 1, 2018, New York Stock                                                                          statements.
                                                                                                       [FR Doc. 2018–26397 Filed 12–4–18; 8:45 am]
                                               Exchange LLC (‘‘NYSE’’ or ‘‘Exchange’’)                                                                        A. Self-Regulatory Organization’s
                                                                                                       BILLING CODE 8011–01–P
                                               filed with the Securities and Exchange                                                                         Statement of the Purpose of, and
                                               Commission (‘‘Commission’’), pursuant                                                                          Statutory Basis for, the Proposed Rule
                                               to Section 19(b)(1) of the Securities                   SECURITIES AND EXCHANGE                                Change
                                               Exchange Act of 1934 (‘‘Act’’) 1 and Rule               COMMISSION
                                               19b-4 thereunder,2 a proposed rule                                                                             1. Purpose
                                               change to amend the Listed Company                      [Release No. 34–84685; File No. SR–Phlx–
                                               Manual for Acquisition Companies                        2018–76]                                                  In August 2017 the Commission
                                               (‘‘ACs’’) to reduce the continued listing                                                                      approved a proposed rule change for the
                                                                                                       Self-Regulatory Organizations; Nasdaq                  listing on the Exchange of NDXPM
                                               standards for public holders from 300 to                PHLX LLC; Notice of Filing and
                                               100 and to enable the Exchange to                                                                              options on a pilot basis, with the pilot
                                                                                                       Immediate Effectiveness of Proposed                    to terminate on the earlier to occur of (i)
                                               exercise discretion to allow ACs a                      Rule Change To Amend the Pilot
                                               reasonable time period following a                                                                             12 months following the date of the first
                                                                                                       Period for the Listing of P.M.-Settled                 listing of the NDXPM options, or (ii)
                                               business combination to demonstration                   Nasdaq-100 Index Options Expiring on
                                               compliance with the applicable                                                                                 December 29, 2018.3 Notwithstanding
                                                                                                       the Third Friday of the Month                          this approval, due to unforeseen
                                               quantitative listing standards. The
                                               proposed rule change was published for                  November 29, 2018.                                     technical programming delays P.M.–
                                               comment in the Federal Register on                         Pursuant to Section 19(b)(1) of the                 settled options on the NASDAQ–100
                                               October 18, 2018.3 The Commission                       Securities Exchange Act of 1934                        Index (‘‘NASDAQ–100’’) have not yet
                                               received one comment on the proposal.4                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                been listed by the Exchange. In order to
                                                  Section 19(b)(2) of the Act 5 provides               notice is hereby given that on November                allow sufficient time to realize the
                                               that within 45 days of the notice                       20, 2018, Nasdaq PHLX LLC                              benefits of a pilot program for NDXPM
                                               publication of the filing of a proposed                 (‘‘Exchange’’) filed with the Securities               options, the Exchange proposes to
                                               rule change, or within such longer                      and Exchange Commission                                amend Rule 1101A, Commentary .05
                                               period up to 90 days as the Commission                  (‘‘Commission’’) the proposed rule                     such that he pilot will terminate on May
                                               may designate if it finds such longer                   change as described in Items I, II, and                6, 2019. By extending the outer limit of
                                               period to be appropriate and publishes                  III below, which Items have been                       the pilot period, the Exchange believes
                                               its reasons for so finding, or as to which              prepared by the Exchange. The                          it will have adequate time to resolve the
                                               the self-regulatory organization                        Commission is publishing this notice to                programming issues, implement the
                                               consents, the Commission shall either                   solicit comments on the proposed rule                  listing of NDXPM options, and provide
                                               approve the proposed rule change,                       change from interested persons.                        the pilot reports associated with the
                                               disapprove the proposed rule change, or                                                                        initial approval order over a meaningful
                                               institute proceedings to determine                      I. Self-Regulatory Organization’s                      period of time. Without the amendment,
                                               whether the proposed rule change                        Statement of the Terms of Substance of                 the pilot period would end on December
                                               should be disapproved. The 45th day                     the Proposed Rule Change                               29, 2018 and would not afford the
                                                                                                          The Exchange proposes to amend the                  Exchange or Commission a sufficient
                                                 1 15  U.S.C. 78s(b)(1).                               pilot period for the listing of P.M.-                  period of time within which NDXPM
khammond on DSK30JT082PROD with NOTICES




                                                 2 17  CFR 240.19b–4.                                  settled Nasdaq-100 Index Options                       options may trade in order to be
                                                  3 See Securities Exchange Act Release No. 84420
                                                                                                       expiring on the third Friday of the                    meaningfully evaluated by the Exchange
                                               (October 12, 2018), 83 FR 52854 (October 18, 2018)
                                               (‘‘Notice’’).
                                                                                                       month (‘‘NDXPM options’’).                             as provided in the August 2017
                                                  4 See Letter to Brent J. Fields, Secretary,
                                                                                                         6 Id.
                                               Commission, from Jeffrey P. Mahoney, General                                                                     3 See Rule 1101A Commentary .05 and Securities
                                                                                                         7 17 CFR 200.30–3(a)(31).
                                               Counsel, Council of Institutional Investors, dated                                                             Exchange Act Release No. 81293 (August 2, 2017),
                                               November 8, 2018 (‘‘CII Letter’’).                        1 15 U.S.C. 78s(b)(1).
                                                                                                                                                              82 FR 37138 (August 8, 2017) (approving SR–Phlx–
                                                  5 15 U.S.C. 78s(b)(2).                                 2 17 CFR 240.19b–4.                                  2017–04).



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Document Created: 2018-12-05 02:36:23
Document Modified: 2018-12-05 02:36:23
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 62942 

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