83_FR_64198 83 FR 63960 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change of Amendments to the Exchange's Rules To Delete References to the Term “Allied Member” and Correct Rule 2.1220

83 FR 63960 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change of Amendments to the Exchange's Rules To Delete References to the Term “Allied Member” and Correct Rule 2.1220

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 238 (December 12, 2018)

Page Range63960-63962
FR Document2018-26823

Federal Register, Volume 83 Issue 238 (Wednesday, December 12, 2018)
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63960-63962]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26823]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84724; File No. SR-NYSEAMER-2018-54]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change of 
Amendments to the Exchange's Rules To Delete References to the Term 
``Allied Member'' and Correct Rule 2.1220

December 6, 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 November 30, 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, 
II, and III 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes amendments to the Exchange's rules to delete 
references to the term ``allied member'' and correct an inadvertent 
error in Rule 2.1220. The proposed rule change is intended to harmonize 
Exchange rules with the rules of the Exchange's affiliates and the 
Financial Regulatory Authority, Inc. (``FINRA'') and thus promote 
consistency within the securities industry. 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 amend its rules to delete the term 
``allied member'' from its rules. The ``allied member'' designation is 
a regulatory category based on a person's control of a member 
organization. The Exchange's affiliate New York Stock Exchange LLC (the 
``NYSE'') no longer has allied members, and FINRA has deleted the term 
from its Incorporated NYSE Rules.\4\ In order to harmonize with the 
rules of the NYSE and FINRA, the Exchange accordingly proposes to 
delete reference to ``allied member'' from the following Exchange 
rules: Rule 2, Rule 2.21E, Rule 7.3E, Rule 18, Rule 25, Rule 50, Rule 
204, Rule 310, Rule 317, Rule 320, Rule 341, Rule 341A, Rule 342, Rule 
356, Rule 359, Rule 359B, Rule 415, the preamble to the rule regarding 
Proxies, Rule 458--Equities, Rule 472, Rule 481, Rule 520, Rule 624, 
Rule 724, Rule 900.2NY and Rule 9232. The Exchange also proposes to 
delete Rule 23, which defines the term allied member, and Rule 355, 
which provides the requirements for an allied membership, in their 
entirety.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 58549 (September 15, 
2008), 73 FR 54444 (September 19, 2008) (SR-NYSE-2008-80) (Notice); 
Securities Exchange Act Release No. 58533 (September 12, 2008), 73 
FR 54652 (September 22, 2008) (SR-FINRA-2008-036) (Order).

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[[Page 63961]]

    Additionally, in October 2017, the Exchange filed to amend its 
rules regarding qualification, registration and continuing education 
requirements applicable to member organizations, Equity Trading Permit 
Holders and American Trading Permit (``ATP'') Holders.\5\ The Exchange 
mistakenly included a cross reference in Rule 2.1220(a)(7) to Rule 
11.18(b)(2) (which does not exist) rather than to Rule 920(a) when 
amending these rules.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 84388 (October 10, 
2018), 83 FR 52287 (October 16, 2018) (SR-NYSEAmer-20018-46) 
(Notice) (``Registration Rules'').
---------------------------------------------------------------------------

    Rule 2.1220(a)(7) provides that each ATP Holder engaged in options 
transactions with the public have at least one Registered Options 
Principal. The rule further requires that a principal responsible for 
supervising an ATP Holder's options sales practices with the public, 
including a person designated pursuant to Rule 11.18(b)(2) register 
with the Exchange as a Registered Options Principal, unless such 
principal's options activities are limited solely to those activities 
that may be supervised by a General Securities Sales Supervisor, in 
which case, such person may register as a General Securities Sales 
Supervisor in lieu of registering as a Registered Options Principal. 
The reference to Rule 11.18(b)(2) is incorrect because there is no Rule 
11.18(b)(2) in the Exchange rulebook. The correct reference should be 
to Rule 920(a).\6\ Therefore, the Exchange proposes to replace the 
reference to Rule 11.18(b)(2) with Rule 920(a). The Exchange is not 
proposing to amend any other part of the Registration Rules.
---------------------------------------------------------------------------

    \6\ Rule 920(a) provides that ``no member organization shall 
transact any business with the public in option contracts unless 
those persons engaged in the supervision of options sales practices, 
or a person to whom the designated general partner or executive 
officer (pursuant to Rule 922) or another Registered Options 
Principal delegates the authority to supervise options sales 
practices, are registered with and approved by the Exchange as 
Options Principals.'' The rule further provides that ``no individual 
member shall transact any business directly with the public in 
option contracts unless he is registered with and approved by the 
Exchange as an Options Principal.''
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\7\ in general, and 
furthers the objectives of Section 6(b)(5),\8\ 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will harmonize 
its rules with NYSE and FINRA rules, thus assisting members and member 
organizations in complying with those rules and thereby enhancing 
regulatory efficiency. In addition, the Exchange believes that 
providing greater harmonization between the Exchange and NYSE and FINRA 
rules would result in less burdensome and more efficient regulatory 
compliance for Exchange members and member organizations that are 
subject to regulatory examination and oversight, thereby removing 
impediments to and perfecting the mechanism of a free and open market 
and a national market system, consistent with the objectives of Section 
6(b)(5) of the Act. Additionally, the Exchange believes that deletion 
of the term ``allied member'' is consistent with the Act because the 
Exchange no longer recognizes allied member as a registration category 
and no Exchange member is currently registered as an allied member. 
Accordingly, deletion of the term from the Exchange's rules will 
provide clarity and remove any potential confusion among potential 
Exchange members and member organizations as to the category of 
memberships and registration requirements on the Exchange. Finally, the 
Exchange believes it is consistent with the Act to correct the 
incorrect cross reference in Rule 2.1220(a)(7) so that the Exchange's 
rules are accurate, avoiding any potential among ATP Holders.

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 amendments are 
intended to promote clarity to the Exchange's rules applicable to 
member organizations and their registered personnel. Further, the 
proposed changes would apply to all Exchange members and member 
organizations in the same manner and therefore would not impose any 
unnecessary intramarket burdens.

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 \9\ and Rule 19b-4(f)(6) thereunder.\10\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\11\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give 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. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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) \12\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 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

[[Page 63962]]

     Send an email to [email protected]. Please include 
File Number SR-NYSEAMER-2018-54 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-2018-54. 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-2018-54 and should be submitted 
on or before January 2, 2019.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26823 Filed 12-11-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              63960                    Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices

                                              any new or novel issues. Thus, the                      Washington, DC 20549 on official                      intended to harmonize Exchange rules
                                              Commission believes that waiver of the                  business days between the hours of                    with the rules of the Exchange’s
                                              30-day operative delay is consistent                    10:00 a.m. and 3:00 p.m. Copies of the                affiliates and the Financial Regulatory
                                              with the protection of investors and the                filing also will be available for                     Authority, Inc. (‘‘FINRA’’) and thus
                                              public interest and hereby waives the                   inspection and copying at the principal               promote consistency within the
                                              30-day operative delay and designates                   office of the Exchange. All comments                  securities industry. The proposed rule
                                              the proposed rule change to be operative                received will be posted without change.               change is available on the Exchange’s
                                              upon filing.14                                          Persons submitting comments are                       website at www.nyse.com, at the
                                                 At any time within 60 days of the                    cautioned that we do not redact or edit               principal office of the Exchange, and at
                                              filing of the proposed rule change, the                 personal identifying information from                 the Commission’s Public Reference
                                              Commission summarily may                                comment submissions. You should                       Room.
                                              temporarily suspend such rule change if                 submit only information that you wish
                                              it appears to the Commission that such                  to make available publicly. All                       II. Self-Regulatory Organization’s
                                              action is necessary or appropriate in the               submissions should refer to File                      Statement of the Purpose of, and
                                              public interest, for the protection of                  Number SR–NYSEArca–2018–87 and                        Statutory Basis for, the Proposed Rule
                                              investors, or otherwise in furtherance of               should be submitted on or before                      Change
                                              the purposes of the Act.                                January 2, 2019.                                        In its filing with the Commission, the
                                              IV. Solicitation of Comments                              For the Commission, by the Division of              self-regulatory organization included
                                                                                                      Trading and Markets, pursuant to delegated            statements concerning the purpose of,
                                                Interested persons are invited to                     authority.15
                                              submit written data, views, and                                                                               and basis for, the proposed rule change
                                                                                                      Eduardo A. Aleman,                                    and discussed any comments it received
                                              arguments concerning the foregoing,
                                                                                                      Assistant Secretary.                                  on the proposed rule change. The text
                                              including whether the proposed rule
                                              change is consistent with the Act.                      [FR Doc. 2018–26832 Filed 12–11–18; 8:45 am]          of those statements may be examined at
                                              Comments may be submitted by any of                     BILLING CODE 8011–01–P                                the places specified in Item IV below.
                                              the following methods:                                                                                        The Exchange has prepared summaries,
                                                                                                                                                            set forth in sections A, B, and C below,
                                              Electronic Comments                                     SECURITIES AND EXCHANGE                               of the most significant parts of such
                                                • Use the Commission’s internet                       COMMISSION                                            statements.
                                              comment form (http://www.sec.gov/                       [Release No. 34–84724; File No. SR–                   A. Self-Regulatory Organization’s
                                              rules/sro.shtml); or                                    NYSEAMER–2018–54]
                                                • Send an email to rule-comments@                                                                           Statement of the Purpose of, and the
                                              sec.gov. Please include File Number SR–                 Self-Regulatory Organizations; NYSE                   Statutory Basis for, the Proposed Rule
                                              NYSEArca–2018–87 on the subject line.                   American LLC; Notice of Filing and                    Change
                                                                                                      Immediate Effectiveness of Proposed                   1. Purpose
                                              Paper Comments
                                                                                                      Rule Change of Amendments to the
                                                 • Send paper comments in triplicate                  Exchange’s Rules To Delete                               The Exchange proposes to amend its
                                              to Secretary, Securities and Exchange                   References to the Term ‘‘Allied                       rules to delete the term ‘‘allied member’’
                                              Commission, 100 F Street NE,                            Member’’ and Correct Rule 2.1220                      from its rules. The ‘‘allied member’’
                                              Washington, DC 20549–1090.                                                                                    designation is a regulatory category
                                              All submissions should refer to File                    December 6, 2018.                                     based on a person’s control of a member
                                              Number SR–NYSEArca–2018–87. This                           Pursuant to Section 19(b)(1) 1 of the              organization. The Exchange’s affiliate
                                              file number should be included on the                   Securities Exchange Act of 1934 (the                  New York Stock Exchange LLC (the
                                              subject line if email is used. To help the              ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                ‘‘NYSE’’) no longer has allied members,
                                              Commission process and review your                      notice is hereby given that on November               and FINRA has deleted the term from its
                                              comments more efficiently, please use                   30, 2018, NYSE American LLC (the                      Incorporated NYSE Rules.4 In order to
                                              only one method. The Commission will                    ‘‘Exchange’’ or ‘‘NYSE American’’) filed              harmonize with the rules of the NYSE
                                              post all comments on the Commission’s                   with the Securities and Exchange                      and FINRA, the Exchange accordingly
                                              internet website (http://www.sec.gov/                   Commission (the ‘‘Commission’’) the                   proposes to delete reference to ‘‘allied
                                              rules/sro.shtml). Copies of the                         proposed rule change as described in                  member’’ from the following Exchange
                                              submission, all subsequent                              Items I, II, and III below, which Items               rules: Rule 2, Rule 2.21E, Rule 7.3E,
                                              amendments, all written statements                      have been prepared by the self-                       Rule 18, Rule 25, Rule 50, Rule 204,
                                              with respect to the proposed rule                       regulatory organization. The                          Rule 310, Rule 317, Rule 320, Rule 341,
                                              change that are filed with the                          Commission is publishing this notice to               Rule 341A, Rule 342, Rule 356, Rule
                                              Commission, and all written                             solicit comments on the proposed rule                 359, Rule 359B, Rule 415, the preamble
                                              communications relating to the                          change from interested persons.                       to the rule regarding Proxies, Rule 458—
                                              proposed rule change between the                        I. Self-Regulatory Organization’s                     Equities, Rule 472, Rule 481, Rule 520,
                                              Commission and any person, other than                   Statement of the Terms of Substance of                Rule 624, Rule 724, Rule 900.2NY and
                                              those that may be withheld from the                     the Proposed Rule Change                              Rule 9232. The Exchange also proposes
                                              public in accordance with the                                                                                 to delete Rule 23, which defines the
                                                                                                         The Exchange proposes amendments
                                              provisions of 5 U.S.C. 552, will be                                                                           term allied member, and Rule 355,
                                                                                                      to the Exchange’s rules to delete
                                              available for website viewing and                                                                             which provides the requirements for an
                                                                                                      references to the term ‘‘allied member’’
amozie on DSK3GDR082PROD with NOTICES1




                                              printing in the Commission’s Public                                                                           allied membership, in their entirety.
                                                                                                      and correct an inadvertent error in Rule
                                              Reference Room, 100 F Street NE,
                                                                                                      2.1220. The proposed rule change is
                                                                                                                                                              4 See Securities Exchange Act Release No. 58549
                                                14 For purposes only of waiving the 30-day                                                                  (September 15, 2008), 73 FR 54444 (September 19,
                                                                                                        15 17 CFR 200.30–3(a)(12).
                                              operative delay, the Commission has also                                                                      2008) (SR–NYSE–2008–80) (Notice); Securities
                                                                                                        1 15 U.S.C. 78s(b)(1).
                                              considered the proposed rule’s impact on                                                                      Exchange Act Release No. 58533 (September 12,
                                                                                                        2 15 U.S.C. 78a.
                                              efficiency, competition, and capital formation. See                                                           2008), 73 FR 54652 (September 22, 2008) (SR–
                                              15 U.S.C. 78c(f).                                         3 17 CFR 240.19b–4.                                 FINRA–2008–036) (Order).



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                                                                       Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices                                                     63961

                                                 Additionally, in October 2017, the                   persons engaged in facilitating                       C. Self-Regulatory Organization’s
                                              Exchange filed to amend its rules                       transactions in securities, to remove                 Statement on Comments on the
                                              regarding qualification, registration and               impediments to, and perfect the                       Proposed Rule Change Received From
                                              continuing education requirements                       mechanism of, a free and open market                  Members, Participants, or Others
                                              applicable to member organizations,                     and a national market system and, in                    No written comments were solicited
                                              Equity Trading Permit Holders and                       general, to protect investors and the                 or received with respect to the proposed
                                              American Trading Permit (‘‘ATP’’)                       public interest.                                      rule change.
                                              Holders.5 The Exchange mistakenly
                                              included a cross reference in Rule                         The Exchange believes that the                     III. Date of Effectiveness of the
                                              2.1220(a)(7) to Rule 11.18(b)(2) (which                 proposed rule change will harmonize its               Proposed Rule Change and Timing for
                                              does not exist) rather than to Rule 920(a)              rules with NYSE and FINRA rules, thus                 Commission Action
                                              when amending these rules.                              assisting members and member
                                                                                                                                                               The Exchange has filed the proposed
                                                 Rule 2.1220(a)(7) provides that each                 organizations in complying with those
                                                                                                                                                            rule change pursuant to Section
                                              ATP Holder engaged in options                           rules and thereby enhancing regulatory
                                                                                                                                                            19(b)(3)(A)(iii) of the Act 9 and Rule
                                              transactions with the public have at                    efficiency. In addition, the Exchange                 19b–4(f)(6) thereunder.10 Because the
                                              least one Registered Options Principal.                 believes that providing greater                       proposed rule change does not: (i)
                                              The rule further requires that a principal              harmonization between the Exchange                    Significantly affect the protection of
                                              responsible for supervising an ATP                      and NYSE and FINRA rules would                        investors or the public interest; (ii)
                                              Holder’s options sales practices with the               result in less burdensome and more                    impose any significant burden on
                                              public, including a person designated                   efficient regulatory compliance for                   competition; and (iii) become operative
                                              pursuant to Rule 11.18(b)(2) register                   Exchange members and member                           prior to 30 days from the date on which
                                              with the Exchange as a Registered                       organizations that are subject to                     it was filed, or such shorter time as the
                                              Options Principal, unless such                          regulatory examination and oversight,                 Commission may designate, if
                                              principal’s options activities are limited              thereby removing impediments to and                   consistent with the protection of
                                              solely to those activities that may be                  perfecting the mechanism of a free and                investors and the public interest, the
                                              supervised by a General Securities Sales                open market and a national market                     proposed rule change has become
                                              Supervisor, in which case, such person                  system, consistent with the objectives of             effective pursuant to Section 19(b)(3)(A)
                                              may register as a General Securities                    Section 6(b)(5) of the Act. Additionally,             of the Act and Rule 19b–4(f)(6)(iii)
                                              Sales Supervisor in lieu of registering as                                                                    thereunder.11
                                                                                                      the Exchange believes that deletion of
                                              a Registered Options Principal. The                                                                              At any time within 60 days of the
                                                                                                      the term ‘‘allied member’’ is consistent
                                              reference to Rule 11.18(b)(2) is incorrect                                                                    filing of such proposed rule change, the
                                                                                                      with the Act because the Exchange no
                                              because there is no Rule 11.18(b)(2) in                                                                       Commission summarily may
                                              the Exchange rulebook. The correct                      longer recognizes allied member as a
                                                                                                      registration category and no Exchange                 temporarily suspend such rule change if
                                              reference should be to Rule 920(a).6                                                                          it appears to the Commission that such
                                              Therefore, the Exchange proposes to                     member is currently registered as an
                                                                                                      allied member. Accordingly, deletion of               action is necessary or appropriate in the
                                              replace the reference to Rule 11.18(b)(2)                                                                     public interest, for the protection of
                                              with Rule 920(a). The Exchange is not                   the term from the Exchange’s rules will
                                                                                                                                                            investors, or otherwise in furtherance of
                                              proposing to amend any other part of                    provide clarity and remove any
                                                                                                                                                            the purposes of the Act. If the
                                              the Registration Rules.                                 potential confusion among potential
                                                                                                                                                            Commission takes such action, the
                                                                                                      Exchange members and member                           Commission shall institute proceedings
                                              2. Statutory Basis                                      organizations as to the category of                   under Section 19(b)(2)(B) 12 of the Act to
                                                 The proposed rule change is                          memberships and registration                          determine whether the proposed rule
                                              consistent with Section 6(b) of the                     requirements on the Exchange. Finally,                change should be approved or
                                              Securities Exchange Act of 1934 (the                    the Exchange believes it is consistent                disapproved.
                                              ‘‘Act’’),7 in general, and furthers the                 with the Act to correct the incorrect
                                              objectives of Section 6(b)(5),8 in                      cross reference in Rule 2.1220(a)(7) so               IV. Solicitation of Comments
                                              particular, because it is designed to                   that the Exchange’s rules are accurate,                 Interested persons are invited to
                                              prevent fraudulent and manipulative                     avoiding any potential among ATP                      submit written data, views, and
                                              acts and practices, to promote just and                 Holders.                                              arguments concerning the foregoing,
                                              equitable principles of trade, to foster                                                                      including whether the proposed rule
                                              cooperation and coordination with                       B. Self-Regulatory Organization’s                     change is consistent with the Act.
                                                                                                      Statement on Burden on Competition                    Comments may be submitted by any of
                                                5 See Securities Exchange Act Release No. 84388

                                              (October 10, 2018), 83 FR 52287 (October 16, 2018)        The Exchange does not believe that                  the following methods:
                                              (SR–NYSEAmer–20018–46) (Notice) (‘‘Registration         the proposed rule change will impose                  Electronic Comments
                                              Rules’’).
                                                6 Rule 920(a) provides that ‘‘no member
                                                                                                      any burden on competition that is not                   • Use the Commission’s internet
                                              organization shall transact any business with the       necessary or appropriate in furtherance               comment form (http://www.sec.gov/
                                              public in option contracts unless those persons         of the purposes of the Act. The                       rules/sro.shtml); or
                                              engaged in the supervision of options sales             proposed amendments are intended to
                                              practices, or a person to whom the designated
                                              general partner or executive officer (pursuant to       promote clarity to the Exchange’s rules                 9 15  U.S.C. 78s(b)(3)(A)(iii).
                                              Rule 922) or another Registered Options Principal       applicable to member organizations and                  10 17  CFR 240.19b–4(f)(6).
amozie on DSK3GDR082PROD with NOTICES1




                                              delegates the authority to supervise options sales      their registered personnel. Further, the                 11 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
                                              practices, are registered with and approved by the                                                            19b–4(f)(6) requires a self-regulatory organization to
                                              Exchange as Options Principals.’’ The rule further      proposed changes would apply to all                   give the Commission written notice of its intent to
                                              provides that ‘‘no individual member shall transact     Exchange members and member                           file the proposed rule change at least five business
                                              any business directly with the public in option         organizations in the same manner and                  days prior to the date of filing of the proposed rule
                                              contracts unless he is registered with and approved                                                           change, or such shorter time as designated by the
                                              by the Exchange as an Options Principal.’’
                                                                                                      therefore would not impose any
                                                                                                                                                            Commission. The Exchange has satisfied this
                                                7 15 U.S.C. 78f(b).                                   unnecessary intramarket burdens.                      requirement.
                                                8 15 U.S.C. 78f(b)(5).                                                                                         12 15 U.S.C. 78s(b)(2)(B).




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                                              63962                      Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices

                                                 • Send an email to rule-comments@                      SECURITIES AND EXCHANGE                               www.reginfo.gov. Comments should be
                                              sec.gov. Please include File Number SR–                   COMMISSION                                            directed to: (i) Desk Officer for the
                                              NYSEAMER–2018–54 on the subject                                                                                 Securities and Exchange Commission,
                                                                                                        [SEC File No. 270–034, OMB Control No.
                                              line.                                                     3235–0034]
                                                                                                                                                              Office of Information and Regulatory
                                                                                                                                                              Affairs, Office of Management and
                                              Paper Comments                                                                                                  Budget, Room 10102, New Executive
                                                                                                        Submission for OMB Review;
                                                • Send paper comments in triplicate                     Comment Request                                       Office Building, Washington, DC 20503,
                                                                                                                                                              or by sending an email to:
                                              to Brent J. Fields, Secretary, Securities                 Upon Written Request, Copies Available                Lindsay.M.Abate@omb.eop.gov; and (ii)
                                              and Exchange Commission, 100 F Street                      From: Securities and Exchange                        Charles Riddle, Acting Director/Chief
                                              NE, Washington, DC 20549–1090.                             Commission, Office of FOIA Services,                 Information Officer, Securities and
                                              All submissions should refer to File                       100 F Street NE, Washington, DC                      Exchange Commission, c/o Candace
                                              Number SR–NYSEAMER–2018–54. This                           20549–2736                                           Kenner, 100 F Street NE, Washington,
                                              file number should be included on the                     Extension:                                            DC 20549, or by sending an email to:
                                              subject line if email is used. To help the                  Rule 17f–2(a)                                       PRA_Mailbox@sec.gov. Comments must
                                              Commission process and review your                           Notice is hereby given that pursuant               be submitted to OMB within 30 days of
                                              comments more efficiently, please use                     to the Paperwork Reduction Act of 1995                this notice.
                                              only one method. The Commission will                      (44 U.S.C. 3501 et seq.), the Securities                Dated: December 4, 2018.
                                              post all comments on the Commission’s                     and Exchange Commission                               Eduardo A. Aleman,
                                              internet website (http://www.sec.gov/                     (‘‘Commission’’) has submitted to the                 Assistant Secretary.
                                              rules/sro.shtml). Copies of the                           Office of Management and Budget                       [FR Doc. 2018–26851 Filed 12–11–18; 8:45 am]
                                              submission, all subsequent                                (‘‘OMB’’) a request for approval of                   BILLING CODE 8011–01–P
                                              amendments, all written statements                        extension of the previously approved
                                              with respect to the proposed rule                         collection of information provided for in
                                              change that are filed with the                            the Rule 17f–2(a), (17 CFR 240.17f–2(a)),
                                                                                                        under the Securities Exchange Act of                  SOCIAL SECURITY ADMINISTRATION
                                              Commission, and all written
                                              communications relating to the                            1934 (15 U.S.C. 78a et seq.).                         [Docket No. SSA 2018–0068]
                                              proposed rule change between the                             Rule 17f–2(a) (Fingerprinting
                                                                                                        Requirements for Securities                           Notice Announcing Addresses for
                                              Commission and any person, other than
                                                                                                        Professionals) requires that securities               Service of Process
                                              those that may be withheld from the
                                                                                                        professionals be fingerprinted. This
                                              public in accordance with the                                                                                         Social Security Administration.
                                                                                                                                                              AGENCY:
                                                                                                        requirement serves to identify security-
                                              provisions of 5 U.S.C. 552, will be                       risk personnel, to allow an employer to                    Notice announcing addresses for
                                                                                                                                                              ACTION:
                                              available for website viewing and                         make fully informed employment                        summons and complaints.
                                              printing in the Commission’s Public                       decisions, and to deter possible
                                              Reference Room, 100 F Street NE,                                                                                SUMMARY:     Our Office of the General
                                                                                                        wrongdoers from seeking employment
                                              Washington, DC 20549 on official                                                                                Counsel (OGC) is responsible for
                                                                                                        in the securities industry. Partners,
                                              business days between the hours of                                                                              processing and handling summonses
                                                                                                        directors, officers, and employees of
                                              10:00 a.m. and 3:00 p.m. Copies of the                                                                          and complaints in lawsuits involving
                                                                                                        exchanges, brokers, dealers, transfer
                                              filing also will be available for                                                                               judicial review of our final decisions on
                                                                                                        agents, and clearing agencies are
                                              inspection and copying at the principal                                                                         individual claims for benefits under
                                                                                                        included.
                                              office of the Exchange. All comments                                                                            titles II, VIII, and XVI of the Social
                                                                                                           The Commission staff estimates that
                                                                                                                                                              Security Act (Act). This notice sets out
                                              received will be posted without change.                   approximately 4,480 respondents will
                                                                                                                                                              the names and current addresses of
                                              Persons submitting comments are                           submit an aggregate total 289,780 new
                                                                                                                                                              those offices and the jurisdictions for
                                              cautioned that we do not redact or edit                   fingerprint cards each year or
                                                                                                                                                              which each office has responsibility.
                                              personal identifying information from                     approximately 65 fingerprint cards per
                                                                                                        year per registrant. The staff estimates              FOR FURTHER INFORMATION CONTACT:
                                              comment submissions. You should
                                                                                                        that the average number of hours                      David Mansfield, Office of the General
                                              submit only information that you wish
                                                                                                        necessary to complete a fingerprint card              Counsel, Office of Program Law, Social
                                              to make available publicly. All
                                                                                                        is one-half hour. Thus, the total                     Security Administration, 6401 Security
                                              submissions should refer to File                                                                                Boulevard, Baltimore, MD 21235–6404,
                                              Number SR–NYSEAMER–2018–54 and                            estimated annual burden is 144,890
                                                                                                        hours for all respondents (289,780 times              (410) 966–2305. For information on
                                              should be submitted on or before                                                                                eligibility or filing for benefits, call our
                                              January 2, 2019.                                          one-half hour). The average internal
                                                                                                        labor cost of compliance per hour is                  national toll-free number, 1–800–772–
                                                For the Commission, by the Division of                  approximately $283. Therefore, the total              1213 or TTY 1–800–325–0778, or visit
                                              Trading and Markets, pursuant to delegated                estimated annual internal labor cost of               our internet site, Social Security Online,
                                              authority.13                                              compliance for all respondents is                     at http://www.socialsecurity.gov.
                                              Eduardo A. Aleman,                                        $41,003,870 (144,890 times $283).                     SUPPLEMENTARY INFORMATION: You
                                              Assistant Secretary.                                         This rule does not involve the                     should mail summonses and complaints
                                              [FR Doc. 2018–26823 Filed 12–11–18; 8:45 am]              collection of confidential information.               in cases involving judicial review of our
                                                                                                           An agency may not conduct or                       final decisions on individual claims for
amozie on DSK3GDR082PROD with NOTICES1




                                              BILLING CODE 8011–01–P
                                                                                                        sponsor, and a person is not required to              benefits under titles II, VIII, and XVI of
                                                                                                        respond to, a collection of information               the Act directly to the OGC location
                                                                                                        under the PRA unless it displays a                    responsible for the jurisdiction in which
                                                                                                        currently valid OMB control number.                   the complaint has been filed. This
                                                                                                           The public may view background                     notice replaces the notice we published
                                                                                                        documentation for this information                    on February 23, 2017 (82 FR 11494), and
                                                13 17   CFR 200.30–3(a)(12).                            collection at the following website:                  reflects the current jurisdictional


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Document Created: 2018-12-12 01:40:12
Document Modified: 2018-12-12 01:40:12
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 63960 

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