[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Notices]
[Pages 40051-40055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17807]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81418; File No. SR-NYSEAMER-2017-06]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Add 
Certain Rules Adopted in Connection With the Exchange's Transition to a 
Fully-Automated Cash Equities Market to the List of Minor Rule 
Violations in Rule 9217 of the Office Rules

August 17, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given 
that on August 9, 2017, NYSE American LLC (``NYSE American'' or the 
``Exchange'') filed with the Securities and Exchange

[[Page 40052]]

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.
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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 add certain rules adopted in connection 
with the Exchange's transition to a fully-automated cash equities 
market to the list of minor rule violations in Rule 9217 of the Office 
Rules. 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
    On January 29, 2015, the Exchange announced the implementation of 
Pillar, which is an integrated trading technology platform designed to 
use a single specification for connecting to the equities and options 
markets operated by the Exchange and its affiliates, NYSE Arca, Inc. 
(``NYSE Arca'') and New York Stock Exchange LLC (``NYSE'').\4\ NYSE 
Arca Equities, Inc. (``NYSE Arca Equities),\5\ which operates the cash 
equities trading platform for NYSE Arca, was the first trading system 
to migrate to Pillar.\6\
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    \4\ See Trader Update dated January 29, 2015, available here: 
https://www.nyse.com/trader-update/history#13517.
    \5\ NYSE Arca Equities is a wholly-owned corporation of NYSE 
Arca and operates as a facility of NYSE Arca.
    \6\ NYSE Arca filed four rule proposals in connection with the 
NYSE Arca implementation of Pillar. See Securities Exchange Act 
Release Nos. 74951 (May 13, 2015), 80 FR 28721 (May 19, 2015) 
(Notice) and 75494 (July 20, 2015), 80 FR 44170 (July 24, 2015) (SR-
NYSEArca-2015-38) (Approval Order of NYSE Arca Pillar I Filing, 
adopting rules for Trading Sessions, Order Ranking and Display, and 
Order Execution); Securities Exchange Act Release Nos. 75497 (July 
21, 2015), 80 FR 45022 (July 28, 2015) (Notice) and 76267 (October 
26, 2015), 80 FR 66951 (October 30, 2015) (SR-NYSEArca-2015-56) 
(Approval Order of NYSE Arca Pillar II Filing, adopting rules for 
Orders and Modifiers and the Retail Liquidity Program); Securities 
Exchange Act Release Nos. 75467 (July 16, 2015), 80 FR 43515 (July 
22, 2015) (Notice) and 76198 (October 20, 2015), 80 FR 65274 
(October 26, 2015) (SR-NYSEArca-2015-58) (Approval Order of NYSE 
Arca Pillar III Filing, adopting rules for Trading Halts, Short 
Sales, Limit Up-Limit Down, and Odd Lots and Mixed Lots); and 
Securities Exchange Act Release Nos. 76085 (October 6, 2015), 80 FR 
61513 (October 13, 2015) (Notice) and 76869 (January 11, 2016), 81 
FR 2276 (January 15, 2016) (SR-NYSEArca-2015-86) (Approval Order of 
NYSE Arca Pillar IV Filing, adopting rules for Auctions).
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    To effect its transition to Pillar, the Exchange adopted the rule 
numbering framework of the NYSE Arca Equities, Inc. (``NYSE Arca 
Equities'') rules for Exchange cash equities trading on the Pillar 
trading platform.\7\ As described in the Framework Filing, the Exchange 
denoted the rules applicable to cash equities trading on Pillar with 
the letter ``E'' to distinguish such rules from the then current 
Exchange rules with the same numbering. The Exchange's trading rules 
for cash equity trading on Pillar are also based on the trading rules 
of NYSE Arca Equities.\8\ The Exchange began trading on the Pillar 
platform on July 24, 2017.\9\
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    \7\ See Securities Exchange Act Release No. 79242 (November 4, 
2016), 81 FR 79081 (November 10, 2016) (SR-NYSEMKT-2016-97) (Notice 
and Filing of Immediate Effectiveness of Proposed Rule Change) (the 
``Framework Filing''). In addition, the Exchange filed a proposed 
rule change to support Exchange trading of securities listed on 
other national securities exchanges on an unlisted trading 
privileges basis, including Exchange Traded Products (``ETP'') 
listed on other exchanges. See Securities Exchange Act Release No. 
79400 (November 25, 2016), 81 FR 86750 (December 1, 2016) (SR-
NYSEMKT-2016-103) (Notice) (the ``ETP Listing Rules Filing'').
    \8\ See Securities Exchange Act Release Nos. 80590 (May 4, 
2017), 82 FR 21843 (May 10, 2017) (Approval Order) and 79993 
(February 9, 2017), 82 FR 10814 (February 15, 2017) (SR-NYSEMKT-
2017-01) (Notice) (``Trading Rules Filing''). The Exchange also has 
established market maker obligations when trading on the Pillar 
trading platform. See Securities Exchange Act Release No. 80577 (May 
2, 2017), 82 FR 21446 (May 8, 2017) (SR-NYSEMKT-2017-04) (Approval 
Order). In addition, the Exchange introduced a delay mechanism on 
Pillar that adds the equivalent of 350 microseconds of latency to 
inbound and outbound order messages, as described in greater detail 
in Rules 1.1E(y) and 7.29E(b). See Securities Exchange Act Release 
Nos. 80700 (May 16, 2017), 82 FR 23381 (May 22, 2017) (SR-NYSEMKT-
2017-05) (Approval Order) and 79998 (February 9, 2017), 82 FR 10828 
(February 15, 2017) (SR-NYSEMKT-2017-05) (Notice).
    \9\ With Pillar, the Exchange transitioned its cash equities 
trading platform from a Floor-based market with a parity allocation 
model to a fully automated price-time priority allocation model that 
trades all NMS Stocks. See Trading Rules Filing, supra note 9, 82 FR 
at 21843.
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    Newly Exchange adopted rules that are based on NYSE Arca Equities 
Rules include the following:

<bullet> Rule 2.21E (Employees of ETP Holders Registration)
<bullet> Rule 2.24E (ETP Books and Records)
<bullet> Rule 6.3E (Prevention of the Misuse of Material, Nonpublic 
Information) and its Commentaries
<bullet> Rule 6.15E (Prearranged Trades)
<bullet> Rule 7.16E (Short Sales)
<bullet> Rule 7.20E (Registration of Market Makers)
<bullet> Rule 7.23E (Obligations of Market Makers)
<bullet> Rule 7.30E (Authorized Traders)

    NYSE Arca Equities includes its versions of the above-listed rules 
as eligible for disposition under its Minor Rule Plan.\10\ The Exchange 
proposes to similarly add these rules to the list of rules in Rule 9217 
(Violations Appropriate for Disposition Under Rule 9216(b)) that are 
eligible for summary fines under Rule 9216(b). The Exchange also 
proposes to add accompanying fine levels based on the fine levels 
currently in place on NYSE Arca Equities Rule 10.12 (Minor Rule Plan) 
for each Rule.
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    \10\ See NYSE Arca Equities Rule 10.12(g) & (h).
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Proposed Rule Change
    Rule 9217, the Exchange's Minor Rule Violation Plan (``MRVP''), 
sets forth the list of rules under which a member organization or 
covered person may be subject to a fine under a minor rule violation 
plan as described in proposed Rule 9216(b).
    The Exchange proposes to amend Rule 9217 to add recently adopted 
Rules 2.21E, 2.24E, 6.3E, 6.15E, 7.16E, 7.20E, 7.23E, and 7.30E to the 
list of rules eligible for disposition pursuant to the Exchange's MRVP. 
These proposed changes are based on NYSE Arca Equities Rule 10.12(g) 
and (h), which specifies, in part, that NYSE Arca Equities Rules 2.21, 
2.24, 6.3, 6.15(b),\11\ 7.16, 7.20, 7.23, and 7.30 are eligible for 
disposition pursuant to NYSE Arca's Minor Rule Plan.\12\ The Exchange 
also

[[Page 40053]]

proposes to add the accompanying fine levels for each Rule based on the 
fine levels in NYSE Arca Equities Rule 10.12.\13\
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    \11\ NYSE American Rule 6.15E adopted subdivision (b) of NYSE 
Arca Equities Rule 6.15(b), which prohibits participation in a 
prearranged trade.
    \12\ See NYSE Arca Equities Rule10.12(g)(1) (NYSE Arca Equities 
Rule 7.16); (g)(2) (NYSE Arca Equities Rule 7.23(a)(1)); (g)(4) 
(NYSE Arca Equities Rule 7.30); (g)(5) (NYSE Arca Equities Rule 
7.20(a); and (g)(6) (NYSE Arca Equities Rule 6.15(b)). See also NYSE 
Arca Equities Rule 10.12(h)(7) (Rule 6.3E and its Commentaries); 
(h)(10) (Rule 2.24); and (h)(11) (Rule 2.21).
     Failure to comply with the sponsored participant access 
requirements of NYSE Arca Rule 7.29 is also eligible for disposition 
pursuant to NYSE Arca Equities Rule 10.12(g)(3). NYSE American Rule 
7.29E is based on NYSE Arca Equities Rule 7.29(a) without any 
substantive differences. However, the Exchange did not include rule 
text based on NYSE Arca Equities Rule 7.29(b) because NYSE American 
does not offer sponsored access in Pillar. See Trading Rules Filing, 
supra note 9, 82 FR at 10820. Accordingly, because NYSE Arca 
Equities Rule 10.12(g)(3) is limited to failure to comply with 
sponsored participant access requirements, the Exchange determined 
not to include a reference to NYSE American Rule 7.29E in the 
proposed amendment to Rule 9217.
    \13\ The Exchange does not propose to incorporate the text of 
subsections (a)-(f) or footnote 1 of NYSE Arca Equities Rule 10.12 
into Rule 9217. Subsections (a)-(f) of NYSE Arca Equities Rule 10.12 
are duplicative of existing requirements in Rule 9217 and Rule 
9216(b), which describe the procedure for imposition of minor rule 
violations. Similarly, footnote 1 of NYSE Arca Equities Rule 10.12 
applies to certain NYSE Arca Equities rules for which there are no 
Exchange equivalents. See also note 17, infra.
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    To effect these changes, the Exchange proposes to add a paragraph 
(a) titled ``Trading Rule Violations'' under the current heading in 
Rule 9217 titled ``List of Equities Rule Violations and Fines 
Applicable Thereto,'' [sic] Under proposed paragraph (a), the Exchange 
proposes to set forth the following text describing the eligible 
trading rule violations:
    <bullet> Short Sale Rules (Rule 7.16E).
    <bullet> Failure to maintain continuous, two-sided Q Orders in 
those securities in which the Market Maker is registered to trade (Rule 
7.23E(a)(1)).
    <bullet> Failure to comply with Authorized Trader requirements. 
(Rule 7.30E).
    <bullet> Acting as a Market Maker in a security without being 
registered as such as required by Rule 7.20E(a).
    <bullet> Committing any act prohibited by Rule 6.15E.
    The Exchange further proposes paragraph (b) titled ``Record Keeping 
and Other Minor Rule Violations'' to Rule 9217, which would specify the 
following text describing the eligible rule violations:
    <bullet> Failure to comply with the requirements for preventing the 
misuse of material nonpublic information as set forth in Rule 6.3E and 
its Commentaries.
    <bullet> Failure to comply with the books and records requirements 
of Rule 2.24E.
    <bullet> Failure to comply with the employee registration or other 
requirements of Rule 2.21E.
    The Exchange further proposes a new paragraph (c) titled ``Legacy 
Minor Rules'' \14\ that would appear above the current list of eligible 
rules in Rule 9217, above ``Rule 15--Equities (Pre-Opening 
Indications).''
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    \14\ Since the transition to Pillar, specified Exchange equities 
trading rules are no longer applicable, and Exchange rules governing 
equities trading that are not identified as inapplicable continue to 
govern Exchange operations on its cash equities trading platform. 
See Trading Rules Filing, supra note 9, 82 FR at 10815-16. For 
purposes of Rule 9217, the Exchange proposes to refer to the non-
Pillar Exchange rules regarding equities trading as ``Legacy Minor 
Rules.'' The Exchange anticipates filing separate proposed rule 
changes to delete the rules identified as not being applicable to 
trading on Pillar and to update the list of Legacy Minor Rules. See, 
e.g., id. at 10816.
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    Finally, in Rule 9217, the Exchange proposes to add proposed 
paragraph (d) titled ``Fine Schedule'' at the end of the current list 
of eligible rules, following ``Rule 518--Equities requirements for 
clearance and settlement of transactions in Nasdaq Securities.'' Below 
proposed paragraph (d), the Exchange would include the following text 
drawn from NYSE Arca Equities Rule 10.12:

    The following fine schedule sets forth the amount of the fine(s) 
to be imposed. Except as noted below, the amount of the fine(s) 
shall be imposed at the First Level pursuant to the chart below. If 
another Minor Rule Plan Fine has been issued to the same member 
organization or covered person \15\ for the same or similar conduct 
violating the same rule (regardless of when paid) within 24 months 
from the date of occurrence of the violation(s) set forth in the 
current Notice of Minor Rule Plan Fine, then the fine(s) shall be 
imposed at the Second Level. If two or more separate Notices of 
Minor Rule Plan Fine have previously been issued to the same member 
organization or covered person for the same or similar conduct 
violating the same rule within 24 months from the date of occurrence 
of the violation(s) set forth in the current Notice of Minor Rule 
Plan Fine, then the fine(s) shall be imposed at the Third Level.
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    \15\ The Exchange substituted ``member organization or covered 
person'' to reflect the Exchange's membership. The rest of the 
proposed text is the same as that in NYSE Arca Equities Rule 10.12.
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    These fines are intended to apply to minor violations. For more 
serious violations, other disciplinary action may be sought.

    Below this text, the Exchange would insert new three new 
subsections (1)-(3). Subsection (d)(1) would be titled ``Trading Rule 
Violations Fine Levels'' and would include a chart of first, second and 
third level fines based on the NYSE Arca Equities Rules for the 
equivalent Exchange Rules, as follows:
    <bullet> Violations of Rule 7.16E would be eligible for a $500 
first level fine, a $1,000 second level fine, and a $2,500 third level 
fine;
    <bullet> Violations of Rule 7.23E(a)(1) would be eligible for a 
$250 first level fine, a $500 second level fine, and a $1,000 third 
level fine;
    <bullet> Violations of Rule 7.30E would be eligible for a $1,000 
first level fine, a $2,500 second level fine, and a $3,500 third level 
fine; and
    <bullet> Violations of Rule 7.20E(a) would be eligible for a $250 
first level fine, a $500 second level fine, and a $1,000 third level 
fine.
    <bullet> Violations of Rule 6.15E would be eligible for a $1,000 
first level fine, a $2,500 second level fine, and a $3,500 third level 
fine.
    New subsection (d)(2) would be titled ``Record Keeping and Other 
Minor Rule Violations Fine Levels,'' and would include a chart of the 
first, second and third level fines that are based on the NYSE Arca 
Equities Rules for the equivalent Exchange Rule, as follows:
    <bullet> Violations of Rule 6.3E and its Commentaries would be 
eligible for a $2,000 first level fine, a $4,000 second level fine, and 
a $5,000 third level fine.
    <bullet> Violations of Rule 2.24E would be eligible for a $2,000 
first level fine, a $4,000 second level fine, and a $5,000 third level 
fine.
    <bullet> Violations of Rule 2.21E would be eligible for a $1,000 
first level fine, a $2,500 second level fine, and a $3,500 third level 
fine.\16\
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    \16\ The Exchange proposes to add a footnote 1 based on footnote 
2 in NYSE Arca Equities Rule 10.12 providing that, in addition to 
the specified fines, the Exchange may require a violator to remit 
all fees that it should have paid to the Exchange pursuant to Rule 
2.21E.
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    These fine levels are the same as those in the NYSE Arca Equities 
fine schedule contained in NYSE Arca Equities Rule 10.12(i) for each 
analogous rule.\17\
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    \17\ See NYSE Arca Equities Rule 10.12(i)(1) (setting forth fine 
levels for NYSE Arca Equities Rules 7.16, 7.23(a)(1), 7.30, 7.20(a) 
and 6.15(b)); NYSE Arca Equities Rule 10.12(i)(2) (setting forth 
fine levels for NYSE Arca Equities Rules 6.3E and its Commentaries, 
2.24, and 2.21). Rule 9217 retained the Exchange's maximum fine for 
minor rule violations which, under legacy Rule 476A, was $5,000. See 
Securities Exchange Act Release Nos. 77241 (February 26, 2016), 81 
FR 11311 (March 3, 2016) (SR-NYSEMKT-2016-30). See also Rule 19d-1 
under the Act. 17 CFR 240.19d-1.
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    New subsection (e) would be titled ``Legacy Minor Rules Fine 
Schedule'' \18\ and would summarize fine amounts for individuals and 
member organizations based on first, second and subsequent offenses. 
These amounts would continue to govern violations of legacy minor rules 
following implementation [sic] of Pillar.
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    \18\ See note 15, supra.
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    Lastly, the Exchange proposes to delete two erroneous references to 
``NYSE Arca'' rules in Rule 476A (Imposition of Fines for Minor 
Violation(s) of Rules) \19\ and in the list of options rule violations 
and applicable fines in Rule 9217(ii)(7)(b) and replace them with 
``Exchange.'' The Exchange also proposes to correct a typographical 
error in Rule 476A(ii)(7)(c) and in Rule

[[Page 40054]]

9217(ii)(7)(c) by replacing ``procures'' with ``procedures.''
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    \19\ Rule 476A is the Exchange's legacy minor rule plan and 
continues to apply to matters initiated prior to April 15, 2016, the 
effective date of the Exchange's new disciplinary rules, which 
include Rule 9217.
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    Summary fines provide a meaningful sanction for minor or technical 
violations of rules. The Exchange believes that adding recently adopted 
Pillar Rules modeled on the trading rules of is affiliate NYSE Arca 
Equities to the list of rules eligible for disposition pursuant to the 
Exchange's MRVP and subject to the same fine levels as NYSE Arca 
Equities would harmonize requirements across exchanges for the same 
conduct. Accordingly, for all the foregoing reasons, the Exchange 
believes that inclusion of Rules 2.21E, 2.24E, 6.3E, 6.15E, 7.16E, 
7.20E, 7.23E, and 7.30E and the accompanying fine levels based on NYSE 
Arca Equities Rule 10.12 in Rule 9217 would be appropriate.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act,\20\ in general, and furthers the objectives of Section 
6(b)(5),\21\ 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.
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    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change is designed to prevent fraudulent and 
manipulative acts and practices because it will provide the Exchange 
the ability to issue a minor rule fine for violations of its rules 
governing cash equities trading and market maker and electronic DMM 
functions and obligations on the Pillar platform. In addition, adding 
rules based on the rules of its affiliate to the Exchange's minor rule 
plan and the associated fine levels would promote fairness and 
consistency in the marketplace by harmonizing minor rule plan fines 
across affiliated exchanges for the same conduct. Similarly, the 
proposed rule change would remove impediments to and perfect the 
mechanism of a free and open market by further supporting the 
Exchange's transition to a fully automated cash equities trading model 
on the Pillar trading platform and, by including rules based on the 
rules of its affiliated market, NYSE Arca Equities, into the Exchange's 
MRVP with the same fine levels, further Pillar's goal of promoting 
consistency among the Exchange, NYSE Arca, and the NYSE.
    The Exchange further believes that the proposed amendments to Rule 
9217 are consistent with Section 6(b)(6) of the Act,\22\ which provides 
that members and persons associated with members shall be appropriately 
disciplined for violation of the provisions of the rules of the 
exchange, by expulsion, suspension, limitation of activities, 
functions, and operations, fine, censure, being suspended or barred 
from being associated with a member, or any other fitting sanction. As 
noted, the proposed rule change would provide the Exchange ability to 
sanction minor or technical violations of the recently adopted Pillar 
Rules pursuant to the Exchange's MRVP. Moreover, as noted above, the 
fine levels associated with the rule violations incorporated into Rule 
9217 would be based on the rules of its affiliated market, NYSE Arca 
Equities. Moreover, the Exchange believes that delineating in Rule 9217 
the rules and fine levels relating to trading on the Pillar trading 
platform from legacy rules relating to Floor-based trading promotes 
transparency following the Exchange's transition to Pillar.
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    \22\ 15 U.S.C. 78f(b)(6).
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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 change is not 
designed to address any competitive issue but rather to update the 
Exchange's MRVP to reflect newly adopted rules. The proposed rule 
change would also support the launch of the Exchange's new fully 
automated cash equities trading platform that trades all NMS Stocks and 
is based on the rules of NYSE Arca Equities.

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 \23\ and Rule 19b-4(f)(6) thereunder.\24\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \23\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \24\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \25\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\26\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
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    \25\ 17 CFR 240.19b-4(f)(6).
    \26\ 17 CFR 240.19b-4(f)(6)(iii).
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    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) \27\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \27\ 15 U.S.C. 78s(b)(2)(B).
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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

    <bullet> Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#7a080f161f57191517171f140e093a091f19541d150c"><span class="__cf_email__" data-cfemail="2b595e474e06484446464e455f586b584e48054c445d">[email protected]</span></a>. Please include 
File Number SR-NYSEAMER-2017-06 on the subject line.

Paper Comments

    <bullet> 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-2017-06. This

[[Page 40055]]

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 on official business 
days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such 
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-2017-06, and should be submitted on or before 
September 13, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\28\
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    \28\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-17807 Filed 8-22-17; 8:45 am]
BILLING CODE 8011-01-P


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