[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Pages 37625-37626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16928]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81325; File No. SR-NYSEARCA-2017-82]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change in Connection With 
the September 5, 2017 Compliance Date for the Shortening of the 
Standard Settlement Cycle From Three Business Days After the Trade Date 
to Two Business Days After the Trade Date

August 7, 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 July 26, 2017, 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 and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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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 in connection with the September 5, 2017, 
compliance date for the shortening of the standard settlement cycle 
from three business days after the trade date (``T+3'') to two business 
days after the trade date (``T+2''), to (1) delete NYSE Arca Equities 
Rule 7.4 (Ex-Dividend or Ex-Right Dates); (2) delete the preamble and 
``T'' modifier from NYSE Arca Equities Rule 7.4T (``Rule 7.4T''); and 
(3) establish the operative date of Rule 7.4T. 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
    In connection with the September 5, 2017, compliance date for 
shortening of the standard settlement cycle from T+3 to T+2, the 
Exchange proposes to (1) delete NYSE Arca Equities Rule 7.4 (``Rule 
7.4''); (2) delete the preamble and ``T'' modifier from Rule 7.4T; and 
(3) establish the operative date of Rule 7.4T as September 5, 2017.
Background
    On September 28, 2016, the Securities and Exchange Commission 
(``SEC'') proposed amendments to Rule 15c6-1(a) to shorten the standard 
settlement cycle from T+3 to T+2.\4\ Following this action by the SEC, 
the Exchange adopted a new Rule 7.4 with the modifier ``T'' to reflect 
a T+2 settlement cycle.\5\ Because the Exchange would not implement 
Rule 7.4T until after the final implementation of T+2, the Exchange 
retained the version of Rule 7.4 reflecting T+3 settlement on its 
books. In order to reduce the potential for confusion regarding which 
version of the rule governs, the Exchange added explanatory preambles 
to Rule 7.4 and Rule 7.4T.
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    \4\ See Securities Exchange Act Release No. 78962 (September 28, 
2016), 81 FR 69240 (October 5, 2016) (File No. S7-22-16).
    \5\ See Securities Exchange Act Release No. 79732 (January 4, 
2017), 82 FR 3042 (January 10, 2017) (SR-NYSEArca-2016-145).
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    In particular, the following preamble was added to Rule 7.4:

    This version of Rule 7.4 will remain operative until the 
Exchange files separate proposed rule changes as necessary to 
establish the operative date of ``Rule 7.4T. Ex-Dividend or Ex-Right 
Dates,'' to delete this version of Rule 7.4 and preamble, and to 
remove the preamble text from the version of Rule 7.4T. In addition 
to filing the necessary proposed rule changes, the Exchange will 
announce via Information Memo the operative date of the deletion of 
this Rule and implementation of ``Rule 7.4T. Ex-Dividend or Ex-Right 
Dates.''

    The following preamble was added to Rule 7.4T:

    The Exchange will file separate proposed rule changes to 
establish the operative date of Rule 7.4T, to delete ``Rule 7.4. Ex-
Dividend or Ex-Right Dates'' and the preamble text from Rule 7.4, 
and to remove the preamble text from the version of Rule 7.4T. Until 
such time, ``Rule 7.4. Ex-Dividend or Ex-Right Dates'' will remain 
operative. In addition to filing the necessary proposed rule 
changes, the Exchange will announce via Information Memo the 
implementation of this Rule and the operative date of the deletion 
of ``Rule 7.4. Ex-Dividend or Ex-Right Dates.''

    On March 22, 2017, the SEC adopted the proposed amendment to Rule 
15c6-1(a) under the Act \6\ with a compliance date of September 5, 
2017.\7\
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    \6\ See 17 CFR 240.15c6-1(a).
    \7\ See Securities Exchange Act Release No. 80295 (March 22, 
2017), 82 FR 15564 (March 29, 2017) (File No. S7-22-16).
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Proposed Rule Change
    In order to comply with the September 5, 2017, transition to T+2 
settlement, the Exchange proposes to:
     Delete Rule 7.4, including the preamble, in its entirety;
     delete the preamble to Rule 7.4T; and
     delete the ``T'' modifier in Rule 7.4T, which 
distinguished it from Rule 7.4.
    The Exchange proposes that the changes described herein would take 
effect on September 5, 2017, to coincide with the transition to T+2. 
The Exchange will announce via Information Memo the implementation of 
Rule 7.4T and the operative date of the deletion of Rule 7.4.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\8\ in general, and further the objectives 
of Section 6(b)(5) of the Act,\9\ in particular, because it is designed 
to prevent fraudulent and manipulative acts and practices, promote just 
and equitable principles of trade, remove impediments to and perfect 
the mechanism of a free and open market and a national market system, 
and, in general, to protect investors and the public interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes that the proposed changes 
remove impediments to and perfect the mechanism of a free and open 
market by

[[Page 37626]]

adding clarity as to which rules are operative and when, thereby 
reducing potential confusion, and making the Exchange's rules easier to 
navigate. The Exchange also believes that eliminating obsolete material 
from its rulebook also removes impediments to and perfects the 
mechanism of a free and open market by removing confusion that may 
result from having obsolete material in the Exchange's rulebook. The 
Exchange believes that eliminating such obsolete material would not be 
inconsistent with the public interest and the protection of investors 
because investors will not be harmed and in fact would benefit from 
increased transparency, thereby reducing potential confusion.

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

    The Exchange does not believe that the proposed rule change would 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue but rather facilitate the 
industry's transition to a T+2 regular-way settlement cycle. The 
Exchange also believes that the proposed rule change will serve to 
promote clarity and consistency, thereby reducing burdens on the 
marketplace and facilitating investor protection.

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    Because the foregoing proposed rule 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) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange 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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    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 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 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 [email protected]. Please include 
File Number SR-NYSEARCA-2017-82 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-2017-82. 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-NYSEARCA-2017-82 and should 
be submitted on or before September 1, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16928 Filed 8-10-17; 8:45 am]
BILLING CODE 8011-01-P