[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46325-46329]
[FR Doc No: 2017-21280]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81755; File No. SR-NYSEAMER-2017-19]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
NYSE American Rule 5.2E (j)(6)

September 28, 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 18, 2017, NYSE American LLC (the ``Exchange''
or ``NYSE American'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE American Rule 5.2E(j)(6) to
exclude Investment Company Units, securities defined in Section 2 of
NYSE American Rule 8E and Index-Linked Securities when applying the
quantitative generic listing criteria applicable to Equity Index-Linked
Securities. 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 amend NYSE American Rule 5.2E(j)(6) to
exclude Investment Company Units (``Units'') and securities defined in
Section 2 of NYSE American Rule 8E (collectively, together with Units,
``Derivative Securities Products''),\4\ as well as Index-Linked
Securities,\5\ when applying the quantitative generic listing criteria
applicable to Equity Index-Linked Securities.\6\
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    \4\ Units are securities that represent an interest in a
registered investment company that could be organized as a unit
investment trust, an open-end management investment company, or a
similar entity, that holds securities comprising, or otherwise based
on or representing an interest in, an index or portfolio of
securities or securities in another registered investment company
that holds such securities. See NYSE American Rule 5.2E(j)(3). The
following securities currently are included in Section 2 of NYSE
American Rule 8E: Portfolio Depositary Receipts (Rule 8.100E); Trust
Issued Receipts (Rule 8.200E); Commodity-Based Trust Shares (Rule
8.201E); Currency Trust Shares (Rule 8.202E); Commodity Index Trust
Shares (Rule 8.203E); Commodity Futures Trust Shares (Rule 8.204E);
Partnership Units (Rule 8.300E); Paired Trust Shares (Rule 8.400E);
Trust Units (Rule 8.500E); Managed Fund Shares (Rule 8.600E); and
Managed Trust Securities (Rule 8.700E).
    \5\ Index-Linked Securities are securities that qualify for
Exchange listing and trading under NYSE American Rule 5.2E(j)(6).
The securities described in Rule 5.2E(j)(3), Rule 5.2E(j)(6) and
Section 2 of Rule 8E, as referenced above, would include securities
listed on another national securities exchange pursuant to
substantially equivalent listing rules.
    \6\ The Commission has approved amendments to NYSE Arca Rule
5.2E(j)(6) that are substantially identical to those proposed
herein. See Securities Exchange Act Release No. 81442 (August 18,
2017), 82 FR 40178 (August 24, 2017) (SR-NYSEArca-2017-54) (order
approving a proposed rule change to amend the generic listing
criteria applicable to Equity Index-Linked Securities).
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    Equity Index-Linked Securities are securities that provide for the
payment at maturity (or earlier redemption) based on the performance of
an underlying index or indexes of equity securities, securities of
closed end management investment companies registered under the
Investment Company Act of 1940 \7\ and/or Units.\8\ In addition to
certain other generic listing criteria, Equity Index-Linked Securities
must satisfy the generic quantitative initial and continued listing
criteria under NYSE American Rule 5.2E(j)(6)(B)(I) in order to become,
and continue to be, listed and traded on the Exchange. Certain of the
applicable quantitative criteria specify minimum or maximum thresholds
that must be satisfied with respect to, for example, market value,
trading volume, and dollar weight of the index represented by a single
component or groups of components.
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    \7\ 15 U.S.C. 80-1.
    \8\ See Rule 5.2E(j)(6)(B)(I)(1).
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    The applicable initial quantitative listing criteria include (i)
that each underlying index is required to have at least ten component
securities; \9\ (ii) that each component security has a minimum market
value of at least $75 million, except that for each of the lowest
dollar weighted component securities in the index that in the aggregate
account for no more than 10% of the dollar weight of the index, the
market value can be at least $50 million; (iii) that component stocks
that in the aggregate account for at least 90% of the weight of the
index each have a minimum global monthly trading volume of 1,000,000
shares, or minimum global notional volume traded per month of
$25,000,000, averaged over the last six months; (iv) that no underlying
component security represents more than 25% of the dollar weight of the
index, and the five highest dollar weighted component securities in the
index do not in the aggregate account for more than 50% of the dollar
weight of the index (60% for an index consisting of fewer than 25
component securities); and (v) that 90% of the index's numerical value
and at least 80% of the total number of component securities meet the
then current criteria for standardized option trading set forth in Rule
915; except that an index will not be subject to this last requirement
if (a) no underlying component security represents more than 10% of the
dollar weight of the index and (b) the index

has a minimum of 20 components.\10\ The applicable continued
quantitative listing criteria require that component stocks that in the
aggregate account for at least 90% of the weight of the index each have
a minimum global monthly trading volume of 500,000 shares, or minimum
global notional volume traded per month of $12,500,000, averaged over
the last six months.\11\
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    \9\ See Rule 5.2E(j)(6)(B)(I)(1)(a).
    \10\ See Rule 5.2E(j)(6)(B)(I)(1)(b)(i)-(iv).
    \11\ See Rule 5.2E(j)(6)(B)(I)(2)(a)(ii).
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    The Exchange proposes to amend NYSE American Rule
5.2E(j)(6)(B)(I)(1)(a), which provides that each underlying index is
required to have at least ten component securities, to provide that
there will be no minimum number of component securities if one or more
issues of Derivative Securities Products or Index-Linked Securities
constitute, at least in part, component securities underlying an issue
of Equity Index-Linked Securities. The proposed amendment to NYSE
American Rule 5.2E(j)(6)(B)(I)(1)(a) also would provide that the
securities described in Rule 5.2E(j)(3)) and Section 2 of Rule 8E (that
is, Derivative Securities Products), and Rule 5.2E(j)(6) (that is,
Index-Linked Securities), as referenced in proposed amended Rule
5.2E(j)(6)(B)(I)(1)(b)(2) and Rule 5.2E(j)(6)(B)(I)(2)(a) would include
securities listed on another national securities exchange pursuant to
substantially equivalent listing rules.\12\
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    \12\ This provision is similar to that in Commentary .01(a) to
NYSE American Rule 8.600E relating to generic listing criteria
applicable to issues of Managed Fund Shares.
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    The Exchange also proposes to exclude Derivative Securities
Products and Index-Linked Securities from consideration when
determining whether the applicable quantitative generic thresholds have
been satisfied under the initial listing standards specified in NYSE
American Rule 5.2E(j)(6)(B)(I)(1)(b)(i)-(iv) and the continued listing
standards specified in NYSE American Rules 5.2E(j)(6)(B)(I)(2)(a)(i)
and (ii).\13\ Thus, for example, when determining compliance with NYSE
American Rule 5.2E(j)(6)(B)(I)(1)(b)(ii), component stocks, excluding
Derivative Securities Products or Index-Linked Securities, that in the
aggregate account for at least 90% of the remaining index weight would
be required to have a minimum global monthly trading volume of 1
million shares, or minimum global notional volume traded per month of
25 million, averaged over the last six months.
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    \13\ NYSE American Rules 5.2E(j)(6)(B)(I)(2)(a)(i) and (ii)
provide that the Exchange will maintain surveillance procedures for
securities listed under Rule 5.2E(j)(6) and may halt trading in such
securities and will initiate delisting proceedings pursuant to Rule
5.5E(m) (unless the Commission has approved the continued trading of
the subject Index-Linked Security), if any of the standards set
forth in Rules 5.2E(j)(6)(B)(I)(1)(a) and 5.2E(j)(6)(B)(I)(1)(b)(2)
are not continuously maintained, except that: (i) The criteria that
no single component represent more than 25% of the dollar weight of
the index and the five highest dollar weighted components in the
index cannot represent more than 50% (or 60% for indexes with less
than 25 components) of the dollar weight of the index, need only be
satisfied at the time the index is rebalanced (Rule
5.2E(j)(6)(B)(I)(2)(a)(i)), and (ii) component stocks that in the
aggregate account for at least 90% of the weight of the index each
will have a minimum global monthly trading volume of 500,000 shares,
or minimum global notional volume traded per month of $12,500,000,
averaged over the last six months (Rule 5.2E(j)(6)(B)(I)(2)(a)(ii)).
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    The Exchange proposes further to provide that the weighting
limitation for the five highest weighted component securities in an
index in NYSE American Rules 5.2E(j)(6)(B)(I)(1)(b)(iii) and
5.2E(j)(6)(B)(I)(2)(a)(i) would apply ``to the extent applicable.''
\14\ When considered in conjunction with the proposed amendment to NYSE
American Rule 5.2E(j)(6)(B)(I)(1)(a) referenced above, this language
would make clear that an index that includes Derivative Securities
Products or Index-Linked Securities may include fewer than five
component securities.
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    \14\ The phrase ``to the extent applicable'' also is included in
Commentary .01(a)(A)(3) to NYSE American Rule 5.2E(j)(3) for
Investment Company Units and Commentary .01(a)(1)(C) to NYSE
American Rule 8.600E for Managed Fund Shares.
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    The Exchange believes that it is appropriate to exclude Derivative
Securities Products and Index-Linked Securities from the generic
listing and continued listing criteria specified above for Equity
Index-Linked Securities because Derivative Securities Products and
Index-Linked Securities that may be included in an index or portfolio
underlying a series of Equity Index-Linked Securities are themselves
subject to specific initial and continued listing requirements of the
exchange on which they are listed. For example, Units listed and traded
on the Exchange are subject to the listing standards specified under
NYSE American Rule 5.2E(j)(3). Also, Derivative Securities Products and
Index-Linked Securities would have been listed and traded on an
exchange pursuant to a filing submitted under Sections 19(b)(2) or
19(b)(3)(A) of the Act,\15\ or would have been listed by an exchange
pursuant to the requirements of Rule 19b-4(e) under the Act.\16\
Derivative Securities Products and Index-Linked Securities are
derivatively priced, and, therefore, the Exchange does not believe that
it is necessary to apply the generic quantitative criteria (e.g.,
market capitalization, trading volume, or component weighting)
applicable to securities that are not Derivative Securities Products or
Index-Linked Securities (e.g., common stocks) to such products.
Finally, by way of comparison, Derivative Securities Products are
excluded from consideration when determining whether the components of
Units satisfy the applicable listing criteria in Rule 5.2E(j)(3),\17\
and both Derivative Securities Products and Index-Linked Securities are
excluded from the applicable listing criteria for Managed Fund Shares
holding equity securities in Commentary .01 to Rule 8.600E.\18\
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    \15\ 15 U.S.C. 78s(b)(2); 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(e).
    \17\ See Commentary .01 to NYSE American Rule 5.2E(j)(3). See
also, Securities Exchange Act Release No. 57751 (May 1, 2008), 73 FR
25818 (May 7, 2008) (SR-NYSEArca-2008-29) (order approving
amendments to the eligibility criteria for components of an index
underlying Investment Company Units).
    \18\ See Commentary .01 to NYSE American Rule 8.600E. See also,
Securities Exchange Act Release No. 78397 (July 22, 2016), 81 FR
49320 (July 27, 2016) (SR-NYSEArca-2015-110) (order approving
amendments to NYSE Arca Equities Rule 8.600 to adopt generic listing
standards for Managed Fund Shares).
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    The Exchange also proposes (1) to replace ``investment company
units'' with ``Investment Company Units'' in two places in NYSE
American Rule 5.2E(j)(6)(B)(I)(1) in order to conform to other usages
of this term in Exchange rules; and (2) to replace the word ``Index''
with ``index'' in two places in Rule 5.2E(j)(6)(B)(I)(2)(a)(i) to
conform to other usages of this word in Rule 5.2E(j)(6)(B)(I)(2).
    The Exchange notes that the proposed change is not otherwise
intended to address any other issues and that the Exchange is not aware
of any problems that ETP Holders or issuers would have in complying
with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\19\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\20\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
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    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed change would facilitate the
listing and trading of additional types of Equity Index-Linked
Securities, which would enhance competition among market participants,
to the benefit of

investors and the marketplace. The proposed change would also result in
greater efficiencies in the listing process with respect to Equity
Index-Linked Securities by eliminating an unnecessary consideration
regarding underlying components, which would therefore remove
impediments to, and perfect the mechanism of, a free and open market.
In addition, the proposed amendment to the Equity Index-Linked
Securities listing criteria is intended to protect investors and the
public interest in that it is consistent with the manner in which
Derivative Securities Products are also excluded from consideration
when determining whether the components of an index or portfolio
underlying an issue of Units satisfy the applicable listing
criteria,\21\ and both Derivative Securities Products and Index-Linked
Securities are excluded from the applicable listing criteria for
Managed Fund Shares holding equity securities in Commentary .01 to Rule
8.600E.\22\ Additionally, Equity Index-Linked Securities would remain
subject to all existing listing standards, thereby maintaining existing
levels of investor protection. The Exchange believes that the proposed
rule change is designed to prevent fraudulent and manipulative acts and
practices because the Equity Index-Linked Securities would continue to
be listed and traded on the Exchange pursuant to the initial and
continued listing criteria in Rule 5.2E(j)(6). Further, the proposed
change would not impact the existing listing process for Derivative
Securities Products and Index-Linked Securities, whereby the exchanges
on which such securities are listed must, for example, submit proposed
rule changes with the Commission prior to listing and trading.
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    \21\ See supra, note 17.
    \22\ See supra, note 18.
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    The Exchange believes that it is appropriate to exclude Derivative
Securities Products and Index-Linked Securities from the generic
criteria specified above for Equity Index-Linked Securities because
Derivative Securities Products and Index-Linked Securities that may be
included in an index or portfolio underlying a series of Equity Index-
Linked Securities are themselves subject to specific initial and
continued listing requirements of the exchange on which they are
listed. For example, Units listed and traded on the Exchange are
subject to the listing standards specified under NYSE American Rule
5.2E(j)(3). Also, such Derivative Securities Products and Index-Linked
Securities would have been listed and traded on an exchange pursuant to
a filing submitted under Sections 19(b)(2) or 19(b)(3)(A) of the
Act,\23\ or would have been listed by an exchange pursuant to the
requirements of Rule 19b-4(e) under the Act.\24\ The Exchange believes
that quantitative factors--such as market value, global monthly trading
volume, or weighting--when applied to index components (such as common
stocks) underlying a series of Equity Index-Linked Securities, are
relevant criteria in establishing that such series is sufficiently
broad-based to minimize potential manipulation.\25\ Derivative
Securities Products and Index-Linked Securities, however, are
derivatively priced, and, therefore, the Exchange does not believe that
it is necessary to apply the generic quantitative criteria applicable
to securities that are not Derivative Securities Products and Index-
Linked Securities (e.g., common stocks) to such products. As noted
above, Derivative Securities Products are excluded from consideration
on NYSE American when determining whether the components of Units
satisfy the applicable listing criteria,\26\ and both Derivative
Securities Products and Index-Linked Securities are excluded from the
applicable listing criteria for Managed Fund Shares holding equity
securities in Commentary .01 to Rule 8.600E. Moreover, for shares of
Derivative Securities Products that are not listed on an exchange
pursuant to an exchange's generic listing rules, the Commission must
first approve an exchange's proposed rule change under Section 19(b) of
the Act regarding a particular Derivative Securities Product or Index-
Linked Securities, which is subject to the representations and
restrictions included in such proposed rule change.
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    \23\ 15 U.S.C. 78s(b)(2); 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(e).
    \25\ See, e.g., Securities Exchange Act Release No. 54739
(November 9, 2006), 71 FR 66693 (SR-Amex-2006-78) (order approving
generic listing standards for Portfolio Depositary Receipts and
Index Fund Shares based on international or global indexes), in
which the Commission stated that ``these standards are reasonably
designed to ensure that stocks with substantial market
capitalization and trading volume account for a substantial portion
of any underlying index or portfolio, and that when applied in
conjunction with the other applicable listing requirements, will
permit the listing only of ETFs that are sufficiently broad-based in
scope to minimize potential manipulation.''
    \26\ See Commentary .01 to NYSE American Rule 5.2E(j)(3). See
also Securities Exchange Act Release No. 57751 (May 1, 2008), 73 FR
25818 (May 7, 2008) (SR-NYSEArca-2008-29) (order approving
amendments to eligibility criteria for components of an index
underlying Investment Company Units), in which the Commission noted
that ``based on the trading characteristics of Derivative Securities
Products, it may be difficult for component Derivative Securities
Products to satisfy certain quantitative index criteria, such as the
minimum market value and trading volume limitations. However,
because Derivative Securities Products are themselves subject to
specific initial and continued listing requirements, the Commission
believes that it would be reasonable to exclude Derivative
Securities Products, as components, from certain index component
eligibility criteria for [Investment Company] Units.''
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    The Exchange also believes it is appropriate to exclude Derivative
Securities Products and Index-Linked Securities from the requirement
under NYSE American Rule 5.2E(j)(6)(B)(I)(1)(b)(iv) that 90% of the
applicable index's numerical value and at least 80% of the total number
of component securities will meet the criteria for standardized option
trading set forth in Rule 915. Rule 915 includes criteria for
securities underlying option contracts approved for listing and trading
on the Exchange. Among such criteria are those applicable to
``Exchange-Traded Fund Shares'' (as referenced in Rule 915, Commentary
.06(a)), Trust Issued Receipts (as referenced in Rule 915, Commentary
.07(a)), and Index-Linked Securities (as referenced in Rule 915,
Commentary .11) that underlie Exchange-traded option contracts. The
Exchange does not believe that criteria in Rule 915 should be applied
to Derivative Securities Products and Index-Linked Securities because
such securities are subject to separate numerical and other criteria
included in the applicable exchange listing rules, including both
generic listing rules permitting listing pursuant to Rule 19b-4(e) and
non-generic listing rules. Derivative Securities Products and Index-
Linked Securities that are the subject of a Commission approval order
under Section 19(b) of the Act also are subject to specific
representations made in the applicable Rule 19b-4 filing. These include
representations regarding the existence of comprehensive surveillance
agreements between the applicable exchange and the principal markets
for certain financial instruments underlying Derivative Securities
Products, or percentage limitations on assets (e.g., non-U.S. stocks,
futures and options) whose principal market is not a member of the
Intermarket Surveillance Group (``ISG'').\27\
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    \27\ See, e.g., Securities Exchange Act Release No. 76719
(December 21, 2015), 80 FR 80859 (December 28, 2015) (order
approving Exchange listing and trading of shares of the Guggenheim
Total Return Bond ETF (``Fund'') under NYSE Arca Equities Rule
8.600), which filing stated: ``Not more than 10% of the net assets
of the Fund in the aggregate invested in equity securities (other
than non exchange-traded investment company securities) will consist
of equity securities whose principal market is not a member of the
ISG or is a market with which the Exchange does not have a
comprehensive surveillance sharing agreement. In addition, not more
than 10% of the net assets of the Fund in the aggregate invested in
futures contracts or exchange-traded options contracts will consist
of futures contracts or exchange-traded options contracts whose
principal market is not a member of ISG or is a market with which
the Exchange does not have a comprehensive surveillance sharing
agreement.''

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    The Exchange believes it is appropriate to provide that the
weighting limitation for the five highest weighted component securities
in an index in NYSE American Rules 5.2E(j)(6)(B)(I)(1)(b)(iii) and
5.2E(j)(6)(B)(I)(2)(a)(i) would apply ``to the extent applicable.''
When considered in conjunction with the proposed amendment to NYSE
American Rule 5.2E(j)(6)(B)(I)(1)(a) referenced above, this language
would make clear that an index that includes Derivative Securities
Products or Index-Linked Securities may include fewer than five
component securities. In addition, the phrase ``to the extent
applicable'' is included in Commentary .01(a)(A)(3) to NYSE American
Rule 5.2E(j)(3) for Investment Company Units and Commentary
.01(a)(1)(C) to NYSE American Rule 8.600E for Managed Fund Shares.
    The proposed replacement of ``investment company units'' with
``Investment Company Units'' in two places in NYSE American Rule
5.2E(j)(6)(B)(I)(1) is appropriate as such changes conform to other
usages of this term in Exchange rules. The proposed replacement of the
word ``Index'' with ``index'' in two places in Rule
5.2E(j)(6)(B)(I)(2)(a)(i) is appropriate as such changes would conform
to other usages of this word in Rule 5.2E(j)(6)(B)(I)(2).
    The Exchange has in place surveillance procedures that are adequate
to properly monitor trading in Index-Linked Securities in all trading
sessions and to deter and detect violations of Exchange rules and
applicable federal securities laws. All Index-Linked Securities listed
and traded pursuant to NYSE American Rule 5.2E(j)(6) are included
within the definition of ``security'' or ``securities'' as such terms
are used in the Exchange rules and, as such, are subject to Exchange
rules and procedures that currently govern the trading of securities on
the Exchange. Trading in the securities will be halted under the
conditions specified in NYSE American Rule 5.2E(j)(6)(E).
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\28\ 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. Instead, the Exchange believes that the
proposed change will encourage competition by enabling additional types
of Equity Index-Linked Securities to be traded on the Exchange and, by
eliminating an unnecessary consideration regarding underlying
components, create a more efficient process surrounding the trading of
Equity Index-Linked Securities.
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    \28\ 15 U.S.C. 78f(b)(8).
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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 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \29\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\30\
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    \29\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \30\ 17 CFR 240.19b-4(f)(6). 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, along
with a brief description and text of 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.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \31\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \32\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. According to
the Exchange, the proposed rule change is substantively identical to
rule changes previously approved for the NYSE Arca exchange and that
trading on the Exchange pursuant to unlisted trading privileges of
issues of Index-Linked Securities that conform to the requirements of
amended NYSE American Rule 5.2E(j)(6) would further competition among
exchange markets. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because permitting the Exchange without delay to trade
issues of Index-Linked Securities that conform to the proposed
requirements of NYSE American Rule 5.2E(j)(6)--which are substantively
identical to previously approved rules of another exchange--would
further competition among exchanges trading these securities.
Therefore, the Commission hereby waives the operative delay and
designates the proposal operative upon filing.\33\
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    \31\ 17 CFR 240.19b-4(f)(6).
    \32\ 17 CFR 240.19b-4(f)(6)(iii).
    \33\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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 will 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-NYSEAMER-2017-19 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-2017-19. 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-NYSEAMER-2017-19, and should be submitted on or before
October 25, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
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    \34\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21280 Filed 10-3-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Notices]
[Pages 10936-10937]
[FR Doc No: 2011-3974]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Aviation Proceedings, Agreements Filed the Week Ending January
29, 2011

    The following Agreements were filed with the Department of
Transportation under the Sections 412 and 414 of the Federal Aviation
Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing
proceedings to enforce these provisions. Answers may be filed within 21
days after the filing of the application.

    Docket Number: DOT-OST-2011-0013.
    Date Filed: January 25, 2011.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote 657TC3 Special Passenger Amending Resolution
010j Special Passenger Amending Resolution between Japan and China
(excluding Hong Kong SAR and Macao SAR) (Memo 1413). Intended effective
date: 21 January 2011.

    Docket Number: DOT-OST-2011-0014.
    Date Filed: January 25, 2011.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote 658TC3 Special Passenger Amending Resolution
010k Special Passenger Amending Resolution

between Brunei Darussalam and Malaysia (Memo 1414). Intended effective
date: 1 February 2011.

    Docket Number: DOT-OST-2011-0015.
    Date Filed: January 24, 2011.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote 632--Flex Fares ResolutionsTC1 Caribbean,
Longhaul, Within South America-Tariffs, 8-17 March 2010 (Memo 0395). r1
041ee. Intended effective date: for travel on/after 1 July 2010.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2011-3974 Filed 2-25-11; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: April 29, 2008 (Volume 73, Number 83)]
[Notices]
[Page 23221-23222]
[DOCID:fr29ap08-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[RT01-99-000, RT01-99-001, RT01-99-002 and RT01-99-003; RT01-86-000,
RT01-86-001 and RT01-86-002; RT01-95-000, RT01-95-001 and RT01-95-002;
RT01-2-000, RT01-2-001, RT01-2-002 and RT01-2-003; RT01-98-000; RT02-3-
000]

Regional Transmission Organizations; Bangor Hydro-Electric
Company, et al.; New York Independent System Operator, Inc., et al.;
PJM Interconnection, L.L.C., et al.; PJM Interconnection, L.L.C.; ISO
New England, Inc.; New York Independent System Operator, Inc.; Notice
of Filing

April 21, 2008.
    Take notice that PJM Interconnection, L.L.C., New York Independent
System Operator, Inc. and ISO New England, Inc. have posted on their
internet Web sites information updating their progress on the
resolution of RTO seams.
    Any person desiring to file comments on this information should
file with the Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). All such comments

should be filed on or before the comment date. Comments may be filed
electronically via the Internet in lieu of paper; see 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: May 13, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-9300 Filed 4-28-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 12, 2007 (Volume 72, Number 28)]
[Notices]
[Page 6564]
[DOCID:fr12fe07-81]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice Reminding Intrastate Pipelines To File FERC-549 (The
Intrastate Pipeline Annual Transportation Report)

February 5, 2007.
    Take notice that intrastate pipelines transporting natural gas
under section 311 of the Natural Gas Policy Act in accordance with the
Commission's regulations 18 CFR 284.126(b) (2006), are required to file
FERC-549, ``Intrastate Pipeline Annual Transportation Report,'' by
March 31, 2007.
    The FERC-549 is an annual report filed by intrastate pipelines
providing the following information for each transportation service
(except storage) provided under Sec.  284.122: (1) The name of the
shipper receiving the transportation service; (2) the type of service
performed (i.e., firm or interruptible); (3) total volumes transported
for the shipper (if it is firm service, the report must separately
state reservation and usage revenues); and (4) total revenues received
for the shipper (if it is firm service, the report must separately
state reservation and usage revenues).
    More information on this filing can be found on the Commission's
Web site: http://www.ferc.gov/docs-filing/hard-fil.asp#549. Questions may be e-mailed to<EMAIL_ADDRESS>

Magalie R. Salas,
Secretary.
[FR Doc. E7-2269 Filed 2-9-07; 8:45 am]

BILLING CODE 6717-01-P