66824 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices 

15 17 CFR 200.30–3(a)(12). 

1 15 U.S.C.78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See current Rule 1.1(b), defining Allied Person. 

5See Securities Exchange Act Release No. 58549 

(September 15, 2008), 73 FR 54444 (September 19, 

2008) (SR–NYSE–2008–80) (Notice). 

6See Securities Exchange Act Release No. 84724 

(December 6, 2018), 83 FR 63960 (December 12, 

2018) (SR–NYSEAmer–2018–54) (Notice). 

7See Securities Exchange Act Release No. 58533 

(September 12, 2008), 73 FR 54652 (September 22, 

2008) (SR–FINRA–2008–036) (Order). 

8 15 U.S.C. 78f(b). 

9 15 U.S.C. 78f(b)(5). 

All submissions should refer to File 

Number SR–NYSE–2018–61. 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–NYSE–2018–61 and should 

be submitted on or before January 17, 

2019. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Brent J. Fields, 

Secretary. 

[FR Doc. 2018–28006 Filed 12–26–18; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–84857; File No. SR– 

NYSEARCA–2018–97] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change of Amendments to Delete 

References to the Term ‘‘Allied Person’’ 

From Exchange Rules 

December 19, 2018. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19bd–4 thereunder,3

notice is hereby given that, on December 

18, 2018, NYSE Arca, Inc. (the 

‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with 

the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by the selfregulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes amendments 

to delete references to the term ‘‘allied 

person’’ from Exchange rules. The 

proposed rule change is intended to 

harmonize Exchange rules with the 

rules of the Exchange’s affiliates and the 

Financial Regulatory Authority, Inc. 

(‘‘FINRA’’) and thus promote 

consistency within the securities 

industry. The proposed rule change is 

available on the Exchange’s website at 

www.nyse.com, at the principal office of 

the Exchange, and at the Commission’s 

Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend its 

rules to delete the term ‘‘allied person’’ 

from its rules. The ‘‘allied person’’ 

designation is a regulatory category 

based on a person’s control of an OTP 

Firm or ETP Holder.4 The Exchange’s 

affiliate New York Stock Exchange LLC 

(the ‘‘NYSE’’) no longer has allied 

members.5 More recently, another 

affiliate of the Exchange, NYSE 

American LLC (‘‘NYSE American’’), 

deleted the term ‘‘allied member’’ from 

its rules.6 FINRA has also deleted the 

term from its Incorporated NYSE Rules.7

In order to harmonize with the rules of 

the NYSE, NYSE American and FINRA, 

the Exchange accordingly proposes to 

delete reference to ‘‘allied person’’ from 

the following Exchange rules: Rule 

1.1(c), Rule 1.1(qq), Rule 1.1(aaa), Rule 

2.14, Rule 2.21, Rule 2.23, Commentary 

.01, Rule 2.24, Commentary .01, Rule 

3.2, Rule 4.2–O(a), Rule 4.2–O(b), Rule 

4.2–O(e), Rule 4.2–O(g), Rule 4.2–O(h), 

Rule 4.16–O(b), Rule 4.16–O(c), Rule 

4.16–O(d), Rule 6.2–O, Rule 9.1–O(c), 

Rule 9.2–O(c), Commentary .01, Rule 

9.3–O(b), Rule 9.6–O(a), Rule 4.3–E(a), 

Rule 4.3–E(b), Rule 4.3–E(e), Rule 4.3– 

E(h), Rule 4.3–E(i), Rule 4.15–E(b), Rule 

4.15–E(c), Rule 4.15–E(d), Rule 7.3–E, 

Rule 9.1–E(c), Rule 9.2–E(c), 

Commentary .01, Rule 9.3–E(b) and Rule 

9.6–E(a). The Exchange also proposes to 

delete Rule 1.1(b), which defines the 

term allied person, in its entirety. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),8 in general, and furthers the 

objectives of Section 6(b)(5),9 in 

particular, because it is designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities, to remove 

impediments to, and perfect the 

mechanism of, a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. 

The Exchange believes that the 

proposed rule change will harmonize its 

rules with NYSE, NYSE American and 

FINRA rules, thus assisting ETP 

Holders, OTP Holders and OTP Firms in 

complying with those rules and thereby 

enhancing regulatory efficiency. In 

addition, the Exchange believes that 

providing greater harmonization 

between the Exchange and NYSE, NYSE 

American and FINRA rules would result 


khammond on DSK30JT082PROD with NOTICES
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices 66825 

10 15 U.S.C. 78s(b)(3)(A)(iii). 

11 17 CFR 240.19b–4(f)(6). 

12 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 

19b–4(f)(6) requires a self-regulatory organization to 

give the Commission written notice of its intent to 

file the proposed rule change at least five business 

days prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. The Exchange has satisfied this 

requirement. 

13 15 U.S.C. 78s(b)(2)(B). 14 17 CFR 200.30–3(a)(12). 

in less burdensome and more efficient 

regulatory compliance for ETP Holders, 

OTP Holders and OTP Firms that are 

subject to regulatory examination and 

oversight, thereby removing 

impediments to and perfecting the 

mechanism of a free and open market 

and a national market system, consistent 

with the objectives of Section 6(b)(5) of 

the Act. Additionally, the Exchange 

believes that deletion of the term ‘‘allied 

person’’ is consistent with the Act 

because the Exchange no longer 

recognizes allied person as a registration 

category and no ETP Holder, OTP 

Holder or OTP Firm is currently 

registered as an allied person. 

Accordingly, deletion of the term from 

the Exchange’s rules will provide clarity 

and remove any potential confusion 

among potential ETP Holders, OTP 

Holders or OTP Firms as to the category 

of memberships and registration 

requirements on the Exchange. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. The 

proposed amendments are intended to 

promote clarity to the Exchange’s rules 

applicable to ETP Holders, OTP Holders 

and OTP Firms and their registered 

personnel. Further, the proposed 

changes would apply to all ETP 

Holders, OTP Holders and OTP Firms in 

the same manner and therefore would 

not impose any unnecessary intramarket 

burdens. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received from 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act 10 and Rule 

19b–4(f)(6) thereunder.11 Because the 

proposed rule change does not: (i) 

Significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition; and (iii) become operative 

prior to 30 days from the date on which 

it was filed, or such shorter time as the 

Commission may designate, if 

consistent with the protection of 

investors and the public interest, the 

proposed rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act and Rule 19bd–4(f)(6)(iii) 

thereunder.12

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) 13 of the Act to 

determine whether the proposed rule 

change 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 rule-comments@

sec.gov. Please include File Number SR– 

NYSEARCA–2018–97 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–NYSEARCA–2018–97. 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–NYSEARCA–2018–97 and 

should be submitted on or before 

January 17, 2019. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Brent J. Fields, 

Secretary. 

[FR Doc. 2018–28004 Filed 12–26–18; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–84683; File No. SR– 

CboeEDGA–2018–019] 

Self-Regulatory Organizations; Cboe 

EDGA Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change Relating To 

Eliminate the Liquidity Swap 

Component of the Discretionary Range 

Instruction 

November 29, 2018. 

Correction 

In notice document 2018–26399 

beginning on page 62933 in the issue of 

Thursday, December 6, 2018, make the 

following correction: 

On page 62936, in the second column, 

the last line of the first full paragraph 

‘‘December 26, 2018’’ should read 

‘‘December 27, 2018’’. 

[FR Doc. C1–2018–26399 Filed 12–26–18; 8:45 am] 

BILLING CODE 1301–00–D 


khammond on DSK30JT082PROD with NOTICES