42712 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4The Exchange previously filed a proposed rule 

change to delay the implementation of its recently 

approved rule requiring listed companies to provide 

notice to the Exchange at least 10 minutes before 

making any public announcement with respect to 

a dividend or stock distribution in all cases. See 

SR–NYSE–2017–43 (August 22, 2017). This 

Amendment No. 1 replaces and supersedes the 

original filing of SR–NYSE–2017–43 in its entirety. 

5See Securities Exchange Act Release No. 81393 

(August 14, 2017) (SR–NYSE–2017–17). 6The Exchange also amended Section 202.06(B) 

of the Manual to emphasize the Exchange’s 

consistent interpretation of that rule as requiring 

listed companies to comply with the immediate 

release policy with respect to all announcements 

relating to a dividend or stock distribution. 7The original filing also included an amendment 

to Section 202.06(B). As this amendment was a 

clarification of an existing interpretation of that 

section, the Exchange does not propose to delay its 

implementation. 

request(s) may propose the addition or 

removal of a negotiated service 

agreement from the market dominant or 

the competitive product list, or the 

modification of an existing product 

currently appearing on the market 

dominant or the competitive product 

list. 

Section II identifies the docket 

number(s) associated with each Postal 

Service request, the title of each Postal 

Service request, the request’s acceptance 

date, and the authority cited by the 

Postal Service for each request. For each 

request, the Commission appoints an 

officer of the Commission to represent 

the interests of the general public in the 

proceeding, pursuant to 39 U.S.C. 505 

(Public Representative). Section II also 

establishes comment deadline(s) 

pertaining to each request. 

The public portions of the Postal 

Service’s request(s) can be accessed via 

the Commission’s Web site (http://

www.prc.gov). Non-public portions of 

the Postal Service’s request(s), if any, 

can be accessed through compliance 

with the requirements of 39 CFR 

3007.40. 

The Commission invites comments on 

whether the Postal Service’s request(s) 

in the captioned docket(s) are consistent 

with the policies of title 39. For 

request(s) that the Postal Service states 

concern market dominant product(s), 

applicable statutory and regulatory 

requirements include 39 U.S.C. 3622, 39 

U.S.C. 3642, 39 CFR part 3010, and 39 

CFR part 3020, subpart B. For request(s) 

that the Postal Service states concern 

competitive product(s), applicable 

statutory and regulatory requirements 

include 39 U.S.C. 3632, 39 U.S.C. 3633, 

39 U.S.C. 3642, 39 CFR part 3015, and 

39 CFR part 3020, subpart B. Comment 

deadline(s) for each request appear in 

section II. 

II. Docketed Proceeding(s) 

1. Docket No(s).: MC2017–183 and 

CP2017–284; Filing Title: Request of the 

United States Postal Service to Add 

Global Expedited Package Services 8 

Contracts to the Competitive Product 

List, and Notice of Filing (Under Seal) 

of Contract and Application for NonPublic Treatment of Materials Filed 

Under Seal; Filing Acceptance Date: 

September 5, 2017; Filing Authority: 39 

U.S.C. 3642 and 39 CFR 3020.30 et seq.; 

Public Representative: Curtis E. Kidd; 

Comments Due: September 13, 2017. 

This notice will be published in the 

Federal Register. 

Stacy L. Ruble, 

Secretary. 

[FR Doc. 2017–19198 Filed 9–8–17; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81531; File No. SR–NYSE– 

2017–43] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change, as Modified by 

Amendment No. 1 Thereto, To Delay 

the Implementation of Its Recently 

Approved Rule Requiring Listed 

Companies To Provide Advance Notice 

of Dividend or Stock Distribution 

Announcements to the Exchange 

September 5, 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 August 

29, 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. On August 29, 2017, the 

Exchange filed Amendment No. 1 to the 

proposal. The Commission is publishing 

this notice to solicit comments on the 

proposed rule change, as modified by 

Amendment No. 1, from interested 

persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to delay the 

implementation of its recently approved 

rule requiring listed companies to 

provide notice to the Exchange at least 

10 minutes before making any public 

announcement with respect to a 

dividend or stock distribution in all 

cases.4 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 August 14, 2017, the Commission 

approved changes to the NYSE Listed 

Company Manual (the ‘‘Manual’’) that 

require listed companies to provide 

notice to the Exchange at least 10 

minutes before making any public 

announcement with respect to a 

dividend or stock distribution in all 

cases, including outside of the hours in 

which the Exchange’s immediate release 

policy is in operation.5 The principal 

effect of this amendment is to require 

listed companies to provide 10 minutes 

advance notice to the Exchange with 

respect to a dividend or stock 

distribution announcement made at any 

time, rather than just during the hours 

of operation of the immediate release 

policy as is currently the case.6

Because listed companies may need to 

change their internal procedures to 

comply with the new policy and 

because the Exchange requires 

additional time to finalize its 

implementation of new technology 

changes and processes to effectively 

perform this function, the Exchange 

proposes to delay the final 

implementation date of the changes.7

This delay would provide listed 

companies with additional time to 

prepare to comply with the new 

requirements and for the Exchange’s 

systems to provide the necessary 

support to Exchange staff in reviewing 

notifications. The Exchange will 

provide reasonable advance notice of 

the new implementation date to its 

listed companies at least 30 days in 

advance by emailing a notice to them 

that will also be posted on nyse.com. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices 42713 

8The following is the text of Version A: 

Prompt notice will be given to the Exchange as 

to any dividend action or action relating to a stock 

distribution in respect of a listed stock (including 

the omission or postponement of a dividend action 

at the customary time as well as the declaration of 

a dividend). Such notice is in addition to 

immediate publicity and should be given at least 

ten days in advance of the record date. The 

dividend notice should be given to the Exchange in 

accordance with Section 204.00. Notice should be 

given as soon as possible after declaration and in 

any event, no later than simultaneously with the 

announcement to the news media. The notice 

should include: 

* * * * * 

9See Footnote 4 [sic] above. 

10The following is the text of Version A: 

Prompt notice is required to be given to the 

Exchange of the fixing of a date for the taking of 

a record of shareholders, or for the closing of 

transfer books (in respect of a listed security), for 

any purpose. The notice should state the purpose 

or purposes for which the record date has been 

fixed. This notice should be provided to the 

Exchange in accordance with Section 204.00. 

11See Footnote 4 [sic] above. 

12 15 U.S.C. 78f(b). 

13 15 U.S.C. 78f(b)(5). 

14 15 U.S.C. 78s(b)(3)(A)(iii). 

15 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 the 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 

Commission has determined to waive the five-day 

prefiling period in this case. 

16 17 CFR 240.19b–4(f)(6). 

17 17 CFR 240.19b–4(f)(6)(iii). 

18For 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). 

The new implementation date will be 

no later than February 1, 2018. 

The Exchange proposes to amend 

Section 204.12 of the Manual to include 

two versions of the first paragraph of 

such section. Version A of such 

paragraph will include the rule text in 

effect prior to the Commission’s August 

14, 2017 approval of the Exchange’s 

proposed revision.8 Version B of such 

paragraph will include the amended 

rule text approved by the Commission 

on August 14, 2017.9 The Exchange 

proposes to include a header above each 

paragraph stating that (i) Version A will 

remain operative until the Exchange 

notifies listed companies that Version B 

is operative and (ii) Version B will be 

operative on February 1, 2018 or such 

earlier date as the Exchange notifies 

listed companies that Version B is 

operative. 

The Exchange proposes to amend 

Section 204.21 of the Manual to include 

two versions of the first paragraph of 

such section. Version A of such 

paragraph will include the rule text in 

effect prior to the Commission’s August 

14, 2017 approval of the Exchange’s 

proposed revision.10 Version B of such 

paragraph will include the amended 

rule text approved by the Commission 

on August 14, 2017.11 The Exchange 

proposes to include a header above each 

paragraph stating that (i) Version A will 

remain operative until the Exchange 

notifies listed companies that Version B 

is operative and (ii) Version B will be 

operative on February 1, 2018 or such 

earlier date as the Exchange notifies 

listed companies that Version B is 

operative. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) 12 of the Act, in general, and 

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

of the Act,13 in particular in that it is 

designed to promote just and equitable 

principles of trade, to foster cooperation 

and coordination with persons engaged 

in regulating, clearing, settling, 

processing information with respect to, 

and 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 and is 

not designed to permit unfair 

discrimination between customers, 

issuers, brokers, or dealers. The 

proposed amendment is consistent with 

the protection of investors and the 

public interest because it will ensure an 

orderly and effective implementation of 

the Exchange’s new dividend and stock 

distribution notification policy. 

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 purpose of the Act. The purpose 

of the proposal is to delay the 

effectiveness of the Exchange’s new 

dividend and stock distribution 

notification policy to give the Exchange 

staff and listed companies additional 

time to prepare for compliance with the 

new policy and it will not have any 

effect on competition. 

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 14 and 

subparagraph (f)(6) of Rule 19b–4 

thereunder.15

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Act 16 normally does not become 

operative for 30 days after the date of its 

filing. However, Rule 19b–4(f)(6)(iii) 17

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. In support of the request, the 

Exchange states that waiver of the 30- 

day operative delay will enable the 

Exchange to avoid any potential 

confusion that might be caused to listed 

companies if the new advance notice 

requirement for dividend or stock 

distribution announcements to the 

Exchange was in effect prior to this 

proposal becoming operative. 

Based on the above, the Commission 

believes that waiver of the 30-day 

operative delay is consistent with the 

protection of investors and the public 

interest because, as noted above, the 

Exchange cannot currently process the 

advance notifications in accordance 

with the requirements of the newly 

adopted rule until it finalizes 

implementation of new technology and 

processes. As a result, waiver of the 30- 

day operative delay, consistent with the 

protection of investors and the public 

interest, will provide listed companies 

immediate transparency on the rules 

they need to follow in providing 

notification to the Exchange on public 

announcements concerning dividend 

and stock distributions until such time 

as the Exchange makes the necessary 

changes to process the notifications in 

accordance with the newly adopted 

rules. Accordingly, the Commission 

hereby waives the operative delay and 

designates the proposal operative upon 

filing with the Commission.18

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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
42714 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices 

19 17 CFR 200.30–3(a)(12). 

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, as modified by Amendment No. 

1, 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– 

NYSE–2017–43 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–NYSE–2017–43. 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– 

2017–43, and should be submitted on or 

before October 2, 2017. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–19107 Filed 9–8–17; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #15291 and #15292; 

Texas Disaster Number TX–00488] 

Presidential Declaration of a Major 

Disaster for Public Assistance Only for 

the State of Texas 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of Texas (FEMA–4332–DR), 

dated 09/04/2017. 

Incident: Hurricane Harvey. 

Incident Period: 08/23/2017 and 

continuing. 

DATES: Issued on 09/04/2017. 

Physical Loan Application Deadline 

Date: 11/03/2017. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 06/04/2018. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street SW., Suite 6050, 

Washington, DC 20416, (202) 205–6734. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

09/04/2017, Private Non-Profit 

organizations that provide essential 

services of a governmental nature may 

file disaster loan applications at the 

address listed above or other locally 

announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Aransas, Brazoria, 

Calhoun, Chambers, Colorado, 

Fayette, Fort Bend, Galveston, Goliad, 

Hardin, Harris, Jackson, Jasper, 

Jefferson, Liberty, Matagorda, 

Montgomery, Newton, Nueces, 

Orange, Polk, San Jacinto, San 

Patricio, Tyler, Victoria, Walker, 

Waller, Wharton 

The Interest Rates are: 

Percent 

For Physical Damage: 

Non-Profit Organizations with 

Credit Available Elsewhere ... 2.500 

Non-Profit Organizations without Credit Available Elsewhere ..................................... 2.500 

For Economic Injury: 

Non-Profit Organizations without Credit Available Elsewhere ..................................... 2.500 

The number assigned to this disaster 

for physical damage is 152918 and for 

economic injury is 152920. 

(Catalog of Federal Domestic Assistance 

Number 59008) 

James E. Rivera, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 2017–19126 Filed 9–8–17; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #15274 and #15275; 

TEXAS Disaster Number TX–00487] 

Presidential Declaration Amendment of 

a Major Disaster for the State of Texas 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 3. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for the State of TEXAS (FEMA– 

4332–DR), dated August 25, 2017. 

DATES: Issued on 09/01/2017. 

Physical Loan Application Deadline 

Date: 10/24/2017. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 05/25/2018. 

ADDRESS: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street SW., Suite 6050, 

Washington, DC 20416, (202) 205–6734. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for the State of TEXAS, 

dated 08/25/2017, is hereby amended to 

include the following areas as adversely 

affected by the disaster: 

Incident: Hurricane Harvey. 

Incident Period: 08/23/2017 and 

continuing. 

Primary Counties (Physical Damage and 

Economic Injury Loans): Polk, 

Tyler, Walker 


asabaliauskas on DSKBBXCHB2PROD with NOTICES