[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45142-45143]
[FR Doc No: 2016-16388]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3203-004.
    Applicants: J. Aron & Company.
    Description: Notice of Non-Material Change in Status of J. Aron &
Company.
    Filed Date: 7/1/16.
    Accession Number: 20160701-5346.
    Comments Due: 5 p.m. ET 7/22/16.

    Docket Numbers: ER16-1649-003.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2016-07-01 Petition for Ltd Waiver
to be effective N/A.
    Filed Date: 7/1/16.
    Accession Number: 20160701-5281.
    Comments Due: 5 p.m. ET 7/15/16.

    Docket Numbers: ER16-1888-001.
    Applicants: Tidal Energy Marketing Inc.
    Description: Tariff Amendment: Baseline Amendment to be effective
8/6/2016.
    Filed Date: 7/5/16.
    Accession Number: 20160705-5165.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-2133-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) Rate Filing: 2016-07-05_SA 2739 ATC-
UPPCo 1st Rev. Project Service Agreement to be effective 9/4/2016.
    Filed Date: 7/5/16.
    Accession Number: 20160705-5158.
    Comments Due: 5 p.m. ET 7/26/16.

    Docket Numbers: ER16-2134-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Service Agreement No.
4489, Queue Position AA1-116/AA1-117 to be effective 6/2/2016.
    Filed Date: 7/5/16.
    Accession Number: 20160705-5166.
    Comments Due: 5 p.m. ET 7/26/16.

    Docket Numbers: ER16-2135-000.
    Applicants: Terrapin Energy LLC.
    Description: Baseline eTariff Filing: Application for Market Based
Rate to be effective 9/1/2016.
    Filed Date: 7/6/16.
    Accession Number: 20160706-5001, 20160706-5092.
    Comments Due: 5 p.m. ET 7/27/16.

    Docket Numbers: ER16-2136-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Section 205(d) Rate Filing: 3203 KCP&L GMO and City of
Osceola, MO Interconnection Agreement to be effective 7/5/2016.
    Filed Date: 7/6/16.
    Accession Number: 20160706-5028.
    Comments Due: 5 p.m. ET 7/27/16.

    Docket Numbers: ER16-2137-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. Resource Termination--Enerwise
Global Technologies, Inc.
    Filed Date: 7/1/16.
    Accession Number: 20160701-5347.
    Comments Due: 5 p.m. ET 7/22/16.

    Docket Numbers: ER16-2138-000.
    Applicants: AEP Texas North Company.
    Description: Section 205(d) Rate Filing: TNC (WTU)--Indian Mesa
Power Partners I & II Cancellation to be effective 5/27/2016.
    Filed Date: 7/6/16.
    Accession Number: 20160706-5035.
    Comments Due: 5 p.m. ET 7/27/16.

    Docket Numbers: ER16-2139-000.
    Applicants: AEP Texas North Company.
    Description: Section 205(d) Rate Filing: TNC-Duke Energy Renewables
Solar I Interconnection Agreement First Amd & Restate to be effective
6/14/2016.
    Filed Date: 7/6/16.
    Accession Number: 20160706-5036.
    Comments Due: 5 p.m. ET 7/27/16.

    Docket Numbers: ER16-2140-000.
    Applicants: Arizona Public Service Company.
    Description: Section 205(d) Rate Filing: Rate Schedule No. 286--
Participant Services Agreement with 4CA to be effective 9/5/2016.
    Filed Date: 7/6/16.
    Accession Number: 20160706-5061.
    Comments Due: 5 p.m. ET 7/27/16.

    Docket Numbers: ER16-2141-000.

    Applicants: El Paso Electric Company.
    Description: Notice of Cancellation of Rate Schedules Nos. 21, 22
and 65 of El Paso Electric Company.
    Filed Date: 7/5/16.
    Accession Number: 20160705-5210.
    Comments Due: 5 p.m. ET 7/26/16.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES16-41-000.
    Applicants: Ameren Illinois Company.
    Description: Application of Ameren Illinois Company for
Authorization under Federal Power Act Section 204.
    Filed Date: 7/5/16.
    Accession Number: 20160705-5197.
    Comments Due: 5 p.m. ET 7/26/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 6, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-16388 Filed 7-11-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5525-5531]
[FR Doc No: 2020-01647]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88036; File No. SR-Phlx-2020-02]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Phlx's
Pricing Schedule

January 24, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 14, 2020, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Phlx's Pricing Schedule.
Specifically, the Exchange proposes to amend Options 7, Section 4,
titled ``Multiply Listed Options Fees (Includes options overlying
equities, ETFs, ETNs and indexes which are Multiply Listed).''
    The Exchange originally filed the proposed pricing changes on
January 2, 2020 (SR-Phlx-2020-01). On January 14, 2020, the Exchange
withdrew that filing and submitted this filing.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqphlx.cchwallstreet.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 Exchange 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 these 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 aspects of such
statements.

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

1. Purpose
    Phlx proposes to amend its Pricing Schedule at Options 7, Section
4, titled ``Multiply Listed Options Fees (Includes options overlying
equities, ETFs, ETNs and indexes which are Multiply Listed).'' The
Exchange proposes to amend pricing for certain strategy caps. The
Exchange believes the proposed amendments will incentivize market
participants to transact various options strategies on Phlx to take
advantage of the opportunity to cap floor option transaction charges
and lower their costs.
    Today, to qualify for a strategy cap, the buy and sell side of a
transaction must originate from the Exchange floor.\3\ Today, the
Exchange offers the following strategy caps:
---------------------------------------------------------------------------

    \3\ See Phlx's Pricing Schedule at Options 7, Section 4.

----------------------------------------------------------------------------------------------------------------
  Floor Options Transactions--Multiply
             Listed Options                        Strategy                  Qualification              Cap
----------------------------------------------------------------------------------------------------------------
Specialist, Market Maker, Professional,   dividend, merger and short  executed on the same                $1,500
 Firm and Broker-Dealer.                   stock interest strategies.  trading day in the same
                                                                       options class when such
                                                                       members are trading in
                                                                       their own proprietary
                                                                       accounts..
Specialist, Market Maker, Professional,   reversal and conversion     executed on the same                   700
 Firm and Broker-Dealer.                   strategies.                 trading day in the same
                                                                       options class.
Specialist, Market Maker, Professional,   jelly rolls...............  executed on the same                   700
 Firm and Broker-Dealer.                                               trading day in the same
                                                                       options class.
Specialist, Market Maker, Professional,   box spreads...............  executed on the same                   700
 Firm and Broker-Dealer.                                               trading day in the same
                                                                       options class.
Per member organization.................  dividend, merger, short     combined executions in a            65,000
                                           stock interest, reversal    month when trading in own
                                           and conversion, jelly       proprietary accounts.
                                           roll and box spread
                                           strategies (``Monthly
                                           Strategy Cap'').
----------------------------------------------------------------------------------------------------------------

    NDX and NDXP Options Transactions are excluded from Strategy Cap
pricing.\4\
---------------------------------------------------------------------------

    \4\ Today, reversal and conversion, jelly roll and box spread
strategy executions are not included in the Monthly Strategy Cap for
a Firm. Also, all dividend, merger, short stock interest, reversal
and conversion, jelly roll and box spread strategy executions are
excluded from the Monthly Market Maker Cap. Specialists and Market
Makers are subject to a ``Monthly Market Maker Cap'' of $500,000
which is explained in greater detail within Options 7, Section 4.
---------------------------------------------------------------------------

    The Exchange proposes to amend the strategy caps applicable to
Specialists,\5\ Market Makers,\6\ Professionals,\7\ Firms \8\ and
Broker-Dealers \9\ with respect to dividend,\10\ merger \11\ and short
stock interest \12\ strategies.
---------------------------------------------------------------------------

    \5\ The term ``Specialist'' applies to transactions for the
account of a Specialist (as defined in Exchange Rule 1020(a)). A
Specialist is an Exchange member who is registered as an options
specialist pursuant to Rule 1020(a). An options Specialist includes
a Remote Specialist which is defined as an options specialist in one
or more classes that does not have a physical presence on an
Exchange floor and is approved by the Exchange pursuant to Rule 501.
    \6\ The term ``Market Maker'' will be utilized to describe fees
and rebates applicable to Registered Options Traders, Streaming
Quote Traders (``SQTs'') and Remote Streaming Quote Traders
(``RSQTs''). RSQTs may also be referred to as Remote Market Markers
(``RMMs''). The term ``Registered Option Trader'' or ``ROT'' is
defined in Exchange Rule 1000(b)(57). A ROT includes SQTs and RSQTs
as well as on and off-floor ROTS. The term ``Streaming Quote
Trader'' is defined in Exchange Rule 1000(b)(59). The term ``Remote
Streaming Quote Trader'' is defined in Exchange Rule in 1000(b)(60).
A Remote Streaming Quote Trader Organization or ``RSQTO,'' which may
also be referred to as a Remote Market Making Organization
(``RMO''), is a member organization in good standing that satisfies
the RSQTO readiness requirements in Rule 507(a).
    \7\ The term ``Professional'' applies to transactions for the
accounts of Professionals, as defined in Exchange Rule 1000(b)(14)
means any person or entity that (i) is not a broker or dealer in
securities, and (ii) places more than 390 orders in listed options
per day on average during a calendar month for its own beneficial
account(s).
    \8\ The term ``Firm'' applies to any transaction that is
identified by a member or member organization for clearing in the
Firm range at The Options Clearing Corporation. See Options 7,
Section 1.
    \9\ The term ``Broker-Dealer'' applies to any transaction which
is not subject to any of the other transaction fees applicable
within a particular category. See Options 7, Section 1.
    \10\ A dividend strategy is defined as transactions done to
achieve a dividend arbitrage involving the purchase, sale and
exercise of in-the-money options of the same class, executed the
first business day prior to the date on which the underlying stock
goes ex-dividend. See Options 7, Section 4.
    \11\ A merger strategy is defined as transactions done to
achieve a merger arbitrage involving the purchase, sale and exercise
of options of the same class and expiration date, executed the first
business day prior to the date on which shareholders of record are
required to elect their respective form of consideration, i.e., cash
or stock. See Options 7, Section 4.
    \12\ A short stock interest strategy is defined as transactions
done to achieve a short stock interest arbitrage involving the
purchase, sale and exercise of in-the-money options of the same
class. See Options 7, Section 4.
---------------------------------------------------------------------------

Dividend Strategy
    Today, to qualify for a dividend cap, a Specialist, Market Maker,
Professional, Firm or Broker-Dealer must execute on the same trading
day in the same options class when such members are trading in their
own proprietary accounts. If the qualification is met, Specialists,
Market Makers, Professionals, Firms and Broker-Dealers floor option
transaction charges are capped at $1,500. The Exchange proposes to
amend the qualification for Specialists, Market Makers, Professionals,
Firms and Broker-Dealers dividend strategies by lowering the cap from
$1,500 to $1,100 and also amending the qualification for dividend
strategies. The proposed qualification would be expanded to allow
Specialists, Market Makers, Professionals, Firms and Broker-Dealers to
qualify for the cap by executing on the same trading in the same
options class when (1) such members are trading in their own
proprietary account, as is the case today, or (2) when transacted on an
agency basis. If transacted on an agency basis, the daily cap will
apply per beneficial account. For example, if Firm A transacted $600 of
qualifying dividend strategies for customer A, $1,500 qualifying
dividend strategies for customer B and $2,000 qualifying dividend
strategies for customer C, then customer A would not qualify for a

dividend strategy cap and customers B and C would each separately cap
at $1,100 for qualifying dividend strategies pursuant to this proposal.
The Exchange believes that its proposal will incentivize members to
transact a greater number of dividend strategies because the cap is
being lowered from $1,500 to $1,100 and the Exchange is permitting
members to qualify for the cap by transacting dividend strategies
either in their proprietary account or on an agency basis.
Merger and Short Stock Interest Strategies
    The Exchange proposes to amend the current merger and short stock
interest strategy cap which require the strategies to be executed on
the same trading day in the same options class when such members are
trading in their own proprietary accounts, to qualify for a $1,500 cap.
The Exchange proposes to instead require Specialists, Market Makers,
Professionals, Firms and Broker-Dealers that transact merger and short
stock interest strategies, along with reversal, conversion, jelly roll
and box spread strategies, to execute these strategies on the same
trading day for all options classes in the aggregate when such members
are trading (1) in their own proprietary accounts, as is the case
today, or (2) on an agency basis. If transacted on an agency basis, the
daily cap will apply per beneficial account. The Exchange would offer a
cap of $1,100 to Specialists, Market Makers, Professionals, Firms and
Broker-Dealers who qualify for the merger, short stock interest,
reversal, conversion, jelly roll and box spread strategies,
collectively. The Exchange believes that its proposal will incentivize
members to transact a greater number of merger and short stock interest
strategies because the cap for merger and short stock interest
strategies is being lowered from $1,500 to $1,100 and the Exchange is
permitting members to aggregate all options classes to qualify for the
cap and also permitting members to transact merger, short stock
interest, reversal, conversion, jelly roll and box spread strategies
either in their proprietary account or on an agency basis.
Reversal and Conversion, Jelly Roll and Box Spread Strategies
    The Exchange proposes to eliminate the current reversal and
conversion,\13\ jelly roll \14\ and box spread\15\ strategy caps for
Specialists, Market Makers, Professionals, Firms and Broker-Dealers
which require the strategies to be executed on the same trading day in
the same options class for a cap of $700, respectively, for each
strategy and adopt strategy caps similar to those proposed for the
merger and short stock interest strategies. Specifically, Phlx proposes
to adopt a new strategy cap for Specialists, Market Makers,
Professionals, Firms and Broker-Dealers for merger, short stock
interest, reversal and conversion, jelly roll and box spread
strategies, collectively, which requires that these strategies be
executed on the same trading day for all options classes in the
aggregate. Today, members are not limited as to the manner in which
they may transact reversal and conversion, jelly roll or box spread
strategies. For clarity, the Exchange proposes to state within the rule
text that members may transact these strategies in their own
proprietary accounts or on an agency basis to qualify for the merger,
short stock interest, reversal and conversion, jelly roll and box
spread strategy cap. The Exchange proposes to limit members who
transact merger, short stock interest, reversal and conversion, jelly
roll or box spread strategies on an agency basis by applying the cap
per beneficial account similar to the dividend strategy cap. The
Exchange would offer a cap of $1,100 for qualifying merger, short stock
interest, reversal and conversion, jelly roll or box spread strategies.
The Exchange believes that its proposal will incentivize members to
transact a greater number of reversal and conversion, jelly roll and
box spread strategies despite the increase in the cap from $700 to
$1,100 because members may aggregate all options classes and
collectively aggregate merger, short stock interest, reversal and
conversion, jelly roll or box spread strategies to qualify for the cap.
---------------------------------------------------------------------------

    \13\ Reversal and conversion strategies are transactions that
employ calls and puts of the same strike price and the underlying
stock. Reversals are established by combining a short stock position
with a short put and a long call position that shares the same
strike and expiration. Conversions employ long positions in the
underlying stock that accompany long puts and short calls sharing
the same strike and expiration. See Options 7, Section 4.
    \14\ A jelly roll strategy is defined as transactions created by
entering into two separate positions simultaneously. One position
involves buying a put and selling a call with the same strike price
and expiration. The second position involves selling a put and
buying a call, with the same strike price, but with a different
expiration from the first position. See Options 7, Section 4.
    \15\ A box spread strategy is a strategy that synthesizes long
and short stock positions to create a profit. Specifically, a long
call and short put at one strike is combined with a short call and
long put at a different strike to create synthetic long and
synthetic short stock positions, respectively. See Options 7,
Section 4.
---------------------------------------------------------------------------

    For purposes of the Exhibit 5 rule text, the dividend strategy cap
will have its own qualification and cap and the remainder of the
strategies, merger, short stock interest, reversal and conversion,
jelly roll and box spread, will be grouped into a second category with
a collective qualification and cap applicable to those strategies. The
Exchange proposes the below rule text:

----------------------------------------------------------------------------------------------------------------
  Floor Options Transactions--Multiply
             Listed Options                        Strategy                  Qualification              Cap
----------------------------------------------------------------------------------------------------------------
Specialist, Market Maker, Professional,   dividend..................  executed on the same                $1,100
 Firm and Broker-Dealer.                                               trading day in the same
                                                                       options class when such
                                                                       members are trading: (1)
                                                                       In their own proprietary
                                                                       accounts; or (2) on an
                                                                       agency basis. If
                                                                       transacted on an agency
                                                                       basis, the daily cap will
                                                                       apply per beneficial
                                                                       account.
Specialist, Market Maker, Professional,   reversal and conversion,    executed on the same                 1,100
 Firm and Broker-Dealer.                   merger, short stock         trading day for all
                                           interest, jelly roll, and   options classes in the
                                           box spread strategies.      aggregate when such
                                                                       members are trading. (1)
                                                                       In their own proprietary
                                                                       accounts; or (2) on an
                                                                       agency basis. If
                                                                       transacted on an agency
                                                                       basis, the daily cap will
                                                                       apply per beneficial
                                                                       account.

Per member organization.................  dividend, merger, short     combined executions in a            65,000
                                           stock interest, reversal    month when trading in its
                                           and conversion, jelly       own proprietary accounts.
                                           roll and box spread
                                           strategies (``Monthly
                                           Strategy Cap'').
----------------------------------------------------------------------------------------------------------------

    The Exchange is not proposing to amend the $65,000 cap per member
organization which is currently offered.\16\ The Exchange is proposing
a technical amendment to add the word ``its'' for the qualifying
language for a member organization. The amended phrase would state
``combined executions in a month when trading in its own proprietary
account.''
---------------------------------------------------------------------------

    \16\ Member organization that qualify for a Monthly Strategy Cap
for a dividend, merger, short stock interest, reversal and
conversion, jelly roll and box spread strategy by combining
executions in a month when trading in their own proprietary accounts
are capped at $65,000 for the month.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\17\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\18\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \19\
---------------------------------------------------------------------------

    \19\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Likewise, in NetCoalition v. Securities and Exchange Commission
\20\ (``NetCoalition'') the D.C. Circuit upheld the Commission's use of
a market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\21\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \22\
---------------------------------------------------------------------------

    \20\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \21\ See NetCoalition, at 534-535.
    \22\ Id. at 537.
---------------------------------------------------------------------------

    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers'. . . .'' \23\ Although the court and
the SEC were discussing the cash equities markets, the Exchange
believes that these views apply with equal force to the options
markets.
---------------------------------------------------------------------------

    \23\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
---------------------------------------------------------------------------

Dividend Strategy
    The Exchange's proposal to amend the Specialist, Market Maker,
Professional, Firm and Broker-Dealer qualification and cap for dividend
strategies cap is reasonable. The Exchange is lowering the cap from
$1,500 to $1,100. Also, the proposed qualification would be expanded to
allow Specialists, Market Makers, Professionals, Firms and Broker-
Dealers to qualify for the cap by executing on the same trading in the
same options class when such members are trading: (1) In their own
proprietary account, as is the case today; or (2) on an agency
basis.\24\ This expanded qualification would allow additional options
transactions to qualify for the dividend strategy cap. The combination
of the expansion of the qualification and lowering of the dividend cap
should encourage members to transact additional dividend strategies on
Phlx. Finally, the proposal to permit the dividend strategy cap to
apply to each beneficial account is reasonable. As explained herein,
members would be permitted to transact dividend strategies in their own
proprietary account or on an agency basis. To the extent that a member
is transacting a dividend strategy on an agency basis, the benefit of
the dividend cap would apply separately to each beneficial account on
whose behalf the member is executing the dividend strategy. The
Exchange believes that it is reasonable to apply the cap to each
beneficial account when the dividend strategy was transacted on an
agency basis, as compared to the member that transacts a dividend
strategy for his own proprietary account and therefore may capture the
benefit of the dividend strategy for all qualifying transactions in
their proprietary account. When the member transacts the dividend
strategy on an agency basis, it is for the benefit of a customer. The
Exchange believes that applying the dividend cap to each of those
customer accounts separately is reasonable as the dividend cap is
intended to encourage each member to execute a greater amount of
dividend strategies. The Exchange believes applying the dividend cap
per beneficial account when transacted on an agency basis would allow
the Exchange to incentivize dividend strategies in accordance with the
order flow that each member executes on the Exchange.
---------------------------------------------------------------------------

    \24\ If transacted on an agency basis, the daily cap will apply
per beneficial account.
---------------------------------------------------------------------------

    The Exchange's proposal to amend the qualification for Specialists,
Market Makers, Professionals, Firms and Broker-Dealers dividend
strategies by lowering the cap from $1,500 to $1,100 and also amending
the qualification for dividend strategies is equitable and not unfairly
discriminatory because all members may qualify for the dividend
strategy cap provided they transact the requisite amount of dividend
strategies wherein the buy and sell side of a transaction originated
from the Exchange floor. The Exchange also believes that it is
equitable and not unfairly discriminatory to permit a dividend strategy
cap to apply to each beneficial account when transacted on an agency
basis. To the extent that a member is transacting a dividend strategy
on an agency basis, the Exchange would uniformly apply the benefit of
the dividend cap separately to each beneficial account on whose behalf
the member is executing the dividend strategy because the transaction
is for

the benefit of a customer and not the member.
Merger and Short Stock Strategies
    The Exchange's proposal to amend the current merger and short stock
interest strategy cap, which requires that the strategies be executed
on the same trading day in the same options class when such members are
trading in their own proprietary accounts, to qualify for a $1,500 cap
is reasonable. The Exchange proposes to expand the current requirement
to permit Specialists, Market Makers, Professionals, Firms and Broker-
Dealers that transact merger and short stock interest strategies, along
with reversal, conversion, jelly roll and box spread strategies, to
execute these strategies on the same trading day for all options
classes in the aggregate when such members are trading in their own
proprietary accounts or on an agency basis to qualify. Today, members
may transact merger and short stock interest strategies in their own
proprietary account. Adding the ability to transact merger and short
stock interest on an agency basis to qualify for the cap is proposed
herein. To the extent that a member is transacting merger or short
stock interest strategies on an agency basis, or a reversal,
conversion, jelly roll and box spread strategy, the benefit of the cap
would apply separately to each beneficial account on whose behalf the
member is executing the merger, short stock interest, reversal,
conversion, jelly roll and box spread strategy. The Exchange believes
that it is reasonable to apply the cap to each beneficial account when
the merger or short stock interest strategy, along with the reversal,
conversion, jelly roll and box spread strategy, was transacted on an
agency basis, as compared to the member that transacts a merger or
short stock interest strategy, or reversal, conversion, jelly roll and
box spread strategy, for his own proprietary account and therefore may
capture the benefit of the merger or short stock interest strategy, or
reversal, conversion, jelly roll and box spread strategy, for all
qualifying transactions in their proprietary account. When the member
transacts the merger or short stock interest strategy on an agency
basis, or reversal, conversion, jelly roll and box spread strategy, it
is for the benefit of a customer. The Exchange believes that applying
the merger, short stock interest, reversal, conversion, jelly roll and
box spread strategy cap to each of those customer accounts separately
is reasonable as the merger, short stock interest, reversal,
conversion, jelly roll and box spread strategy cap is intended to
encourage each member to execute a greater amount of these strategies.
The Exchange believes applying the merger, short stock interest,
reversal, conversion, jelly roll and box spread strategy cap per
beneficial account when transacted on an agency basis would allow the
Exchange to incentivize merger and short stock interest strategies in
accordance with the order flow that each member executes on the
Exchange.
    The Exchange would also lower the current merger and short stock
interest cap from $1,500 to $1,100. The Exchange believes that the
combination of expanding the qualifications to permit members to
aggregate all options classes and transact on an agency basis, in
addition to also continuing to trade in their own proprietary account,
as well as lowering the cap will encourage members to transact a
greater number of merger and short stock interest strategies.
    The Exchange's proposal to amend the qualification for Specialists,
Market Makers, Professionals, Firms and Broker-Dealers merger and short
stock interest strategies by lowering the cap from $1,500 to $1,100 and
also amending the qualification for these strategies is equitable and
not unfairly discriminatory because all members may qualify for the
merger, short stock interest, reversal, conversion, jelly roll and box
spread strategy cap provided they transact the requisite amount of
merger, short stock interest, reversal, conversion, jelly roll and box
spread strategies wherein the buy and sell side of a transaction
originated from the Exchange floor. The Exchange also believes that it
is equitable and not unfairly discriminatory to permit a merger, short
stock interest, reversal, conversion, jelly roll and box spread
strategy cap to apply to each beneficial account when transacted on an
agency basis. To the extent that a member is transacting a merger,
short stock interest, reversal, conversion, jelly roll and box spread
strategy on an agency basis, the benefit of the merger or short stock
interest cap would apply separately to each beneficial account on whose
behalf the member is executing the merger, short stock interest,
reversal, conversion, jelly roll and box spread strategy because the
transaction is for the benefit of a customer and not the member.
Reversal and Conversion, Jelly Roll and Box Spread Strategies
    The Exchange's proposal to eliminate the current reversal and
conversion, jelly roll and box spread strategy caps for Specialists,
Market Makers, Professionals, Firms and Broker-Dealers and adopt a new
strategy cap for these strategies, along with the merger and short
stock interest strategies, which requires that these strategies be
executed on the same trading day for all options classes in the
aggregate when such members are trading in their own proprietary
accounts or transacted on an agency basis to qualify is reasonable.
Unlike the current qualification for reversal and conversion, jelly
roll and box spread strategies which requires that these strategies be
executed on the same trading day in the same options class, the
proposed qualification would permit the strategies to be executed on
the same trading day for all options classes in the aggregate, along
with the merger and short stock interest strategies. Further, the
Exchange will continue to not limit the manner in which the
transactions may be executed, either in a member's proprietary account
or on an agency basis, for the reversal and conversion, jelly roll and
box spread strategies. Today, there is no limitation as to whether
reversal and conversion, jelly roll and box spread strategy caps must
be executed on a proprietary or agency basis. For clarity, the Exchange
is noting within the rule text that members may transact reversal and
conversion, jelly roll and box spread strategy caps either in their own
proprietary accounts or on an agency basis, in conjunction with merger
and short stock interest strategies. To the extent that a member is
transacting merger, short stock interest, reversal and conversion,
jelly roll and box spread strategies on an agency basis, the benefit of
the cap would apply separately to each beneficial account on whose
behalf the member is executing the merger, short stock interest,
reversal and conversion, jelly roll and box spread strategy. The
Exchange believes that it is reasonable to apply the cap to each
beneficial account when the merger, short stock interest, reversal and
conversion, jelly roll and box spread strategies were transacted on an
agency basis, as compared to the member that transacts a merger, short
stock interest, reversal and conversion, jelly roll and box spread
strategy for his own proprietary account and therefore may capture the
benefit of these strategies for all qualifying transactions in their
proprietary account. When the member transacts a merger, short stock
interest, reversal and conversion, jelly roll and box spread strategy
on an agency basis, it is for the benefit of a customer. The Exchange
believes that applying the merger, short stock interest, reversal and
conversion, jelly roll and box spread strategy cap to each of those
customer

accounts separately is reasonable as the merger, short stock interest,
reversal and conversion, jelly roll and box spread strategy cap is
intended to encourage each member to execute a greater amount of these
strategies. The Exchange believes applying the merger, short stock
interest, reversal and conversion, jelly roll and box spread strategy
cap per beneficial account when transacted on an agency basis would
allow the Exchange to incentivize reversal and conversion, jelly roll
and box spread strategies in accordance with the order flow that each
member executes on the Exchange. Despite the increase in the cap from
$700 to $1,100 for the reversal and conversion, jelly roll and box
spread strategies, the Exchange believes that members will be able to
meet the new qualification because members will be able to aggregate
all options classes to qualify for the increased cap.
    The Exchange's proposal to eliminate the current reversal and
conversion, jelly roll and box spread strategy caps for Specialists,
Market Makers, Professionals, Firms and Broker-Dealers and adopt a new
strategy cap for these strategies which requires that these strategies
be executed on the same trading day for all options classes in the
aggregate, when such members are trading in their own proprietary
accounts or on an agency basis, in conjunction with the merger and
short stock interest strategies, is equitable and not unfairly
discriminatory. All members may qualify for the merger, short stock
interest, reversal and conversion, jelly roll and box spread strategy
caps provided they transact the requisite amount of merger, short stock
interest, reversal and conversion, jelly roll and box spread strategies
wherein the buy and sell side of a transaction originated from the
Exchange floor. The Exchange also believes that it is equitable and not
unfairly discriminatory to permit a merger, short stock interest,
reversal and conversion, jelly roll and box spread strategy cap to
apply to each beneficial account when transacted on an agency basis. To
the extent that a member is transacting a merger, short stock interest,
reversal and conversion, jelly roll and box spread strategy on an
agency basis, the benefit of the merger, short stock interest, reversal
and conversion, jelly roll and box spread cap would apply separately to
each beneficial account on whose behalf the member is executing these
strategies because the transaction is for the benefit of a customer and
not the member.

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 not necessary or appropriate in
furtherance of the purposes of the Act.
Inter-market Competition
    The proposal does not impose an undue burden on inter-market
competition. The Exchange believes its proposal remains competitive
with other options markets and will offer market participants with
another choice of where to transact options. The Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges that have been exempted from compliance with the statutory
standards applicable to exchanges. Because competitors are free to
modify their own fees in response, and because market participants may
readily adjust their order routing practices, the Exchange believes
that the degree to which fee changes in this market may impose any
burden on competition is extremely limited.
Intra-market Competition
    The proposed amendments do not impose an undue burden on intra-
market competition. The Exchange's proposal to amend the qualification
for Specialists, Market Makers, Professionals, Firms and Broker-Dealers
dividend strategies by lowering the cap from $1,500 to $1,100 and also
amending the qualification for dividend strategies does not impose an
undue burden on intra-market competition because all members may
qualify for the dividend strategy cap provided they transact the
requisite amount of dividend strategies wherein the buy and sell side
of a transaction originated from the Exchange floor. The Exchange also
believes that it does not impose an undue burden on competition to
permit a dividend cap to apply to each beneficial account when
transacted on an agency basis. To the extent that a member is
transacting a dividend strategy on an agency basis, the benefit of the
dividend cap would apply separately to each beneficial account on whose
behalf the member is executing the dividend strategy because the
transaction is for the benefit of a customer and not the member.
    The Exchange's proposal to amend the qualification for Specialists,
Market Makers, Professionals, Firms and Broker-Dealers merger and short
stock interest strategies by lowering the cap from $1,500 to $1,100 and
also amending the qualification for these strategies to allow these
strategies to be in the aggregate for all options classes and on an
agency basis, along with reversal and conversion, jelly roll and box
spread strategies, while continuing to permit members to trade in their
own proprietary accounts, in conjunction with the reversal and
conversion, jelly roll and box spread strategies, does not impose an
undue burden on competition because all members may qualify for the
merger and short stock interest strategy caps provided they transact
the requisite amount of merger, short stock interest, reversal and
conversion, jelly roll and box spread strategies wherein the buy and
sell side of a transaction originated from the Exchange floor. The
Exchange also believes that it does not impose an undue burden on
competition to permit a merger, short stock interest, reversal and
conversion, jelly roll and box spread cap to apply to each beneficial
account when transacted on an agency basis. To the extent that a member
is transacting a merger, short stock interest, reversal and conversion,
jelly roll and box spread strategy on an agency basis, the benefit of
the merger, short stock interest, reversal and conversion, jelly roll
and box spread would apply separately to each beneficial account on
whose behalf the member is executing these strategies because the
transaction is for the benefit of a customer and not the member.
    The Exchange's proposal to eliminate the current reversal and
conversion, jelly roll and box spread strategy caps for Specialists,
Market Makers, Professionals, Firms and Broker-Dealers and adopt a new
strategy increased cap of $1,100 for these strategies which requires
that these strategies be executed on the same trading day for all
options classes in the aggregate, when such members are trading in
their own proprietary accounts or on an agency basis, in conjunction
with merger and short stock interest strategies, does not impose an
undue burden on competition. All members may qualify for the merger,
short stock interest, reversal and conversion, jelly roll and box
spread strategy caps provided they transact the requisite amount of
merger, short stock interest, reversal and conversion, jelly roll and
box spread strategies wherein the buy and sell side

of a transaction originated from the Exchange floor. Further,
increasing the cap from $700 to $1,100 for the reversal and conversion,
jelly roll and box spread strategies does not impose an undue burden on
competition because all members may qualify for the new qualification
by aggregating all options classes to qualify for the increased cap in
the merger and short stock interest, reversal and conversion, jelly
roll and box spread strategies

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\25\
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2020-02 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2020-02. 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-Phlx-2020-02 and should be submitted on
or before February 20, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-01647 Filed 1-29-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46548-46550]
[FR Doc No: 2017-21411]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81776; File No. SR-NYSE-2017-49]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Make Technical and Conforming Changes to Section 703.02 of the NYSE
Listed Company Manual

September 29, 2017.
    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 September 20, 2017, 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 to make technical and conforming changes to
Section 703.02 (part2) (Stock Split/Stock Rights/Stock Dividend Listing
Process) (``Section 703.02 (part2)'') of the NYSE Listed Company Manual
(``Listed Company Manual''). The proposed rule change is available on
the Exchange's Web site 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 make certain technical and conforming
changes to Section 703.02 (part2) of the Listed Company Manual.
    Currently, Section 703.02(part 2) provides that ``a distribution of
less than 25% is traded ``ex'' (without the distribution) on and after
the business day prior to the record date.'' Section 703.02 (part 2)
was recently amended to conform to amendments to Securities and
Exchange Act Rule 15c6-1(a), which shortened the settlement cycle from
three days to two days (``T+2).\4\ The tabulation chart in Section
703.02 (part2) setting forth the relation between record dates and
normal ex-dividend dates according to the days of the week, however,
was inadvertently not updated to reflect the shortened settlement
cycle. The Exchange accordingly proposes to amend the tabulation chart
to reflect two day settlements, as follows:
---------------------------------------------------------------------------

    \4\ See 17 CFR 240.15c6-1(a); Securities Exchange Act Release
No. 80021 (February 14, 2017), 82 FR 10931(February 16, 2017) (SR-
NYSE-2016-87) and Securities Exchange Act Release No. 81231 (July
27, 2017), 82 FR 36008 (August 2, 2017) (SR-NYSE-2017-38).

------------------------------------------------------------------------
             Record date                    Normal ex-dividend date
------------------------------------------------------------------------
Monday..............................  preceding Friday.
Tuesday.............................  preceding Monday.
Wednesday...........................  preceding Tuesday.
Thursday............................  preceding Wednesday.
Friday..............................  preceding Thursday.
Saturday............................  preceding Thursday.
Sunday..............................  preceding Thursday.
------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and further the objectives
of Section 6(b)(5) of the Act,\6\ in particular, because it is designed
to prevent fraudulent and manipulative acts and practices, promote just
and equitable principles of trade, 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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed changes
removes [sic] impediments to and perfects the mechanism of a free and
open market by conforming the tabulation chart in Section 703.02 (part
2) of the Listed Company Manual to reflect a two day settlement,
thereby reducing potential confusion, and making the Exchange's rules
easier to navigate. The Exchange also believes that updating the
illustrative material in the Listed Company Manual also removes
impediments to and perfects the mechanism of a free and open market by
removing confusion that may result from having outdated or inconsistent
material in the Listed Company Manual. The Exchange believes that
aligning such material would not be inconsistent with the public
interest and the protection of investors because investors will not be
harmed and in fact would benefit from increased transparency, thereby
reducing potential confusion.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue but rather is solely
concerned with conforming Section 703.02 (part 2) of the Listed Company
Manual to reflect the two day settlement cycle. The Exchange also
believes that the proposed rule change will serve to promote clarity
and consistency, thereby reducing burdens on the marketplace and
facilitating investor protection.

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

    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,\7\ the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \7\ The Exchange has fulfilled this requirement.
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 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) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2017-49 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-2017-49. 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 Web site (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 Web site 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2017-49 and should be
submitted on or before October 26, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21411 Filed 10-4-17; 8:45 am]
 BILLING CODE 8011-01-P