[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Notices]
[Pages 23591-23595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10642]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85875; File No. SR-NYSEAMER-2019-17]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Modify 
Rule 961 and Conforming Changes to Rules 933NY and 995NY Governing the 
Give Up of a Clearing Broker

May 16, 2019.
    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 May 2, 2019, NYSE American LLC (``NYSE American'' or the 
``Exchange'') 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 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 to modify Rule 961 regarding the Give Up of a 
Clearing Member by ATP Holders and proposes conforming changes to Rules 
933NY and 995NY. 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.

[[Page 23592]]

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 purpose of this filing is to modify Rule 961 regarding the Give 
Up of a Clearing Member \4\ by ATP Holders and to make conforming 
changes to Rule 933NY.
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    \4\ Rule 900.2NY(11) defines ``Clearing Member'' as an Exchange 
ATP Holder which has been admitted to membership in the Options 
Clearing Corporation pursuant to the provisions of the Rules of the 
Options Clearing Corporation.
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Rule 961: Current Process To Give Up a Clearing Member
    In 2015, the Exchange adopted its current ``give up'' procedure for 
ATP Holders executing transactions on the Exchange.\5\ Per Rule 961, an 
ATP Holder may give up a ``Designated Give Up'' or its ``Guarantor,'' 
as defined in the Rule and described below.
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    \5\ See Securities and Exchange Act Release No. 75642 (August 7, 
2015), 80 FR 48594 (August 13, 2015) (SR-NYSEMKT-2015-55).
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    The Rule defines ``Designated Give Up'' as any Clearing Member that 
an ATP Holder (other than a Market Maker \6\) identifies to the 
Exchange, in writing, as a Clearing Member the ATP Holder requests the 
ability to give up. To designate a ``Designated Give Up,'' an ATP 
Holder must submit written notification to the Exchange. Specifically, 
the Exchange uses a standardized form (``Notification Form''). An ATP 
Holder may currently designate any Clearing Member as a Designated Give 
Up. Additionally, there is no minimum or maximum number of Designated 
Give Ups that an ATP Holder must identify. Similarly, should an ATP 
Holder no longer want the ability to give up a particular Designated 
Give Up, the ATP Holder informs the Exchange in writing.
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    \6\ For purposes of this rule, references to ``Market Maker'' 
refer to ATP Holders acting in the capacity of a Market Maker and 
include all Exchange Market Maker capacities e.g., Lead Market 
Makers. As explained below, Market Makers give up Guarantors that 
have executed a Letter of Guarantee on behalf of the Marker Maker, 
pursuant to Rule 932NY; Market Makers need not give up Designated 
Give Ups.
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    Rule 961 also requires that the Exchange notify a Clearing Member, 
in writing and as soon as practicable, of each ATP Holder that has 
identified it as a Designated Give Up. However, the Exchange will not 
accept any instructions from a Clearing Member to prohibit an ATP 
Holder from designating the Clearing Member as a Designated Give Up. 
Additionally, there is no subjective evaluation of an ATP Holder's list 
of Designated Give Ups by the Exchange. The Rule does, however, provide 
that a Designated Give Up may determine to not accept a trade on which 
its name was given up so long as it believes in good faith that it has 
a valid reason not to accept the trade.\7\
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    \7\ See Rule 961(f)(1) (setting forth procedures for rejecting a 
trade). An example of a valid reason to reject a trade may be that 
the Designated Give Up does not have a customer for that particular 
trade.
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    The Rule defines ``Guarantor'' as a Clearing Member that has issued 
a Letter of Guarantee or Letter of Authorization for the executing ATP 
Holder, pursuant to Rules of the Exchange \8\ that is in effect at the 
time of the execution of the applicable trade. An executing ATP Holder 
may give up its Guarantor without such Guarantor being a ``Designated 
Give Up.'' Additionally, Rule 924NY provides that a Letter of Guarantee 
is required to be issued and filed by each Clearing Member through 
which a Market Maker clears transactions. Accordingly, a Market Maker 
is enabled to give up only a Guarantor that had executed a Letter of 
Guarantee on its behalf pursuant to Rule 924NY; a Market Maker does not 
need to identify any Designated Give Ups. Like Designated Give Ups, 
Guarantors likewise have the ability to reject a trade.\9\
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    \8\ See Rule 924NY (Letters of Guarantees); Rule 932NY (Letters 
of Authorization).
    \9\ See Rule 961(f)(2) (providing that a Guarantor may ``change 
the give up to another Clearing Member that has agreed to be the 
give up on the subject trade, provided such Clearing Member has 
notified the Exchange and the executing ATP Holder in writing of its 
intent to accept the trade'').
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    Beginning in early 2018, certain Clearing Members (in conjunction 
with the Securities Industry and Financial Markets Association 
(``SIFMA'')) expressed concerns related to the process by which 
executing brokers on U.S. options exchanges (the ``Exchanges'') are 
allowed to designate or `give up' a clearing firm for purposes of 
clearing particular transactions. The SIFMA-affiliated Clearing Members 
have recently identified the current give-up process as a significant 
source of risk for clearing firms. SIFMA-affiliated Clearing Members 
subsequently requested that the Exchanges alleviate this risk by 
amending Exchange rules governing the give up process.\10\
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    \10\ Nasdaq PHLX LLC (``Phlx'') recently modified its give up 
procedure to allow clearing members to ``opt in'' such that the 
clearing member may specify which Phlx member organizations are 
authorized to give up that clearing member. See Phlx Rule 1037. See 
also Securities and Exchange Act Release Nos. 84624 (November 19. 
2018), 83 FR 60547 (Notice); 85136 (February 14, 2019), 84 FR 5526 
(February 21, 2019) (SR-Phlx-2018-72) (Approval Order). The 
Exchange's proposal leads to the same result of providing its 
Clearing Members the ability to control risk and includes Phlx's 
``opt in'' process, but it otherwise differs in process from Phlx's 
proposal.
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* * * * *
Proposed Amendment to Rules 961, 933NY and 995NY
    Based on the above, the Exchange proposes to amend its rules 
regarding the current give up process in order to allow a Clearing 
Member to opt in, at The Options Clearing Corporation (``OCC'') 
clearing number level, to a feature that, if enabled by the Clearing 
Member, would allow the Clearing Member to specify which ATP Holders 
are authorized to give up that OCC clearing number. As proposed, Rule 
961, Give Up of a Clearing Member, will be re-titled as ``Authorizing 
Give Up of a Clearing Member'' and would provide that for each 
transaction in which a non-Market Maker ATP Holder participates, the 
ATP Holder may indicate any OCC number of a Clearing Member through 
which a transaction will be cleared (``Give Up''), provided the 
Clearing Member has not elected to ``Opt In,'' as defined in paragraph 
(b) of the proposed Rule, and restricted the OCC number (``Restricted 
OCC Number'').\11\ Further, as proposed, an ATP Holder may Give Up a 
Restricted OCC Number provided the ATP Holder has written authorization 
as described in paragraph (b)(ii) of the Rule (``Authorized ATP 
Holder'').\12\
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    \11\ See proposed Rule 961(a).
    \12\ The Exchange proposes to delete the use of the modifier 
``executing'' as relates to ATP Holder in the rule, which is 
extraneous and unnecessary, particularly in light of new concept of 
Authorized ATP Holder. See proposed Rule 961(c)(i), (e)(2), (f)(1)-
(3), (g)(1) and (h)(1).
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    Proposed Rule 961(b) provides that Clearing Members may request 
that the Exchange restrict one or more of their OCC clearing numbers 
(``Opt In'') as described in subparagraph (b)(i) of the Rule. As 
proposed, if a Clearing Member Opts In, the Exchange would require 
written authorization from the Clearing Member permitting an ATP Holder 
to

[[Page 23593]]

Give Up a Clearing Member's Restricted OCC Number. An Opt In would 
remain in effect until the Clearing Member terminates the Opt In as 
described in subparagraph (iii). If a Clearing Member does not Opt In, 
that Clearing Member's OCC number may be subject to Give Up by any ATP 
Holder (other than a Market Maker).\13\
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    \13\ See proposed Rule 961(b).
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    Proposed Rule 961(b)(i) would set forth the process by which a 
Clearing Member may Opt In. Specifically, a Clearing Member may Opt In 
by sending a completed ``Clearing Member Restriction Form'' listing all 
Restricted OCC Numbers.\14\ A copy of the proposed form is attached in 
Exhibit 3A. As proposed, a Clearing Member may elect to restrict one or 
more OCC clearing numbers that are registered in its name at OCC. The 
Clearing Member would be required to submit the Clearing Member 
Restriction Form to the Exchange's Client Relationship Services 
(``CRS'') department as described on the form. Once submitted, the 
Exchange requires ninety days before a Restricted OCC Number is 
effective. The Exchange believes this 90-day time period would provide 
adequate time for ATP Holders that use a Restricted OCC Number to 
obtain the necessary written authorization for that Restricted OCC 
Number. During this 90-day time period, ATP Holders lacking the 
requisite authorization (and affected by this proposed provision) would 
still be able to Give Up that Restricted OCC Number (i.e., until the 
number becomes restricted within the System).
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    \14\ The Exchange's forms will be available on the Exchange's 
website. The Exchange also intends to maintain, on its website, a 
list of the Restricted OCC Numbers, which will be updated on a 
regular basis, and the Clearing Member's contact information to 
assist ATP Holders (to the extent they are not already Authorized 
ATP Holders) with requesting authorization for a Restricted OCC 
Number. The Exchange may utilize additional means to inform its 
members of such updates on a periodic basis.
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    Proposed 961(b)(ii) would set forth the process for ATP Holders to 
Give Up a Clearing Member's Restricted OCC Number. Specifically, as 
proposed, an ATP Holder desiring to Give Up a Restricted OCC Number 
must become an Authorized ATP Holder.\15\ The Clearing Member would be 
required to authorize an ATP Holder by submitting a completed 
``Authorized ATP Holder Form'' to the Exchange's CRS department, unless 
the Restricted OCC Number is already subject to a Letter of Guarantee 
or a Letter of Authorization to which the ATP Holder is a party, as set 
forth in proposed paragraph (c) of the Rule. A copy of the proposed 
form is attached in Exhibit 3B.\16\
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    \15\ The Exchange will develop procedures for notifying ATP 
Holders that they are authorized or unauthorized by Clearing 
Members.
    \16\ See supra note 14.
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    Pursuant to proposed Rule 961(b)(iii), a Clearing Member may amend 
its Authorized ATP Holders or Restricted OCC Numbers by submitting a 
new Authorized ATP Holder Form or a Clearing Member Restriction Form to 
the Exchange's CRS department indicating the amendment as described on 
the form. As proposed, once a Restricted OCC Number is effective 
pursuant to Rule 961(b)(i), the Exchange may permit the Clearing Member 
to authorize, or remove authorization for, an ATP Holder to Give Up the 
Restricted OCC Number intra-day only in unusual circumstances, and on 
the next business day in all regular circumstances. The Exchange will 
promptly notify the ATP Holders if they are no longer authorized to 
Give Up a Clearing Member's Restricted OCC Number. Finally, as 
proposed, if a Clearing Member removes a Restricted OCC Number, any ATP 
Holder (other than a Market Maker) may Give Up that OCC clearing number 
once the removal has become effective on or before the next business 
day.\17\
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    \17\ See proposed Rule 961(b)(iii).
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    In light of the proposed changes to the Give Up process, the 
Exchange proposes to delete certain paragraphs of the current Rule 
related to the current Designated Give Up process. Specifically, the 
Exchange proposes to delete current paragraphs (a), (b)(1), (3)-(4), 
(6)-(7), (d).
    As proposed, paragraph (c) to Rule 961 would be re-title 
``Guarantors and Market Makers.'' Proposed Rule 961(c)(i) would 
maintain the current definition and role of Guarantor (set forth in 
current paragraphs (a)(3) and (6)) and combine such information with 
language from Phlx Rule 1037(d) to provide, in relevant part that ``[a] 
Guarantor for an ATP Holder will be enabled to be given up for that ATP 
Holder without any further action by the ATP Holder such that a 
clearing arrangement subject to a Letter of Guarantee or Letter of 
Authorization would immediately permit the Give Up of a Restricted OCC 
Number by the ATP Holder that is party to the arrangement.'' \18\ In 
addition, to streamline the proposed Rule the Exchange proposes to 
relocate text from current Rule 961(a)(5) regarding Market Makers to 
proposed Rule 961(c)(ii) without any textual changes.\19\ The Exchange 
also proposes to clarify how the System would handle orders in light of 
the proposed changes to the Give Up process. As proposed, for any 
Restricted OCC Number, the Exchange's trading systems would only accept 
orders for that number from an Authorized ATP Holder.\20\
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    \18\ See proposed Rule 961(c)(i).
    \19\ See proposed Rule 961(c)(ii). To conform to the foregoing 
changes to the organization of the Rule, the Exchange proposes to 
reclassify current paragraph (c) as proposed Rule 961(d).
    \20\ See proposed Rule 961(d).
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    To further update the Rule to reflect the shift from an ATP Holder 
designating a certain Clearing Member as the give up to the Clearing 
Member having the ability to limit which ATP Holders may give up that 
Clearing Member, the Exchange proposes to replace certain references to 
Designated Give Up with reference to ``Clearing Member for whom they 
are an Authorized ATP Holder'' \21\ or affiliated Clearing Member'' 
\22\ or simply ``Clearing Member,'' \23\ as appropriate.
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    \21\ See proposed Rule 961(g)(1).
    \22\ See proposed Rule 961(g)(2).
    \23\ See generally proposed Rule 961(e)-(h). See also proposed 
Rule 961(d) and (e)(1) (as relates to replacing Designated Give Up 
with Authorized ATP Holder) and (e)(2), (f)(1)-(3), (g)(1) and 
(h)(1). The Exchange also proposes to rename Rule 961(e) (from 
Designated Give Up, to Authorized ATP Holder, as relates to the 
process for accepting a trade). The Exchange also proposes to update 
the cross reference in paragraph (e)(1) from ``paragraph (i)'' to 
proposed ``paragraph (g).'' See proposed Rule 961(e)(1).
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    The Exchange also proposes to add paragraph (i) to the Rule to 
provide that an ``intentional misuse of this Rule is impermissible, and 
may be treated as a violation of Rule 995NY(b), Prohibited Conduct.'' 
And, consistent with this change, to modify Rule 995NY(b), which was 
previously held in Reserve, to provide that it would be ``considered 
conduct inconsistent with just and equitable principles of trade for an 
ATP Holder or associated person of an ATP Holder to intentionally 
misuse Rule 961, Authorizing Give Up of a Clearing Member.'' This 
language will make clear that the Exchange will regulate an intentional 
misuse of this Rule and that such behavior would be a violation of 
Exchange rules.
    Finally, consistent with this proposed change, the Exchange also 
proposes to amend Rule 933NY(f) regarding the responsibilities of Floor 
Brokers to maintain error accounts ``for the purposes of correcting 
bona fide errors, as provided in Rule 960.'' As proposed, the Exchange 
would specify that ``it will not be a violation of this provision if a 
trade is transferred away from an error account through the CMTA 
process at OCC.'' \24\ This additional language would enable an 
executing ATP Holder that has executed an order to CMTA that order 
through its own clearing

[[Page 23594]]

relationship. For example, assume a Floor Broker executes a trade 
giving up Firm A (a Clearing Member that is one of its Authorized ATP 
Holders) and, after the execution, the Floor Broker is informed that a 
portion of the trade needs to be changed to give-up Firm B (a Clearing 
Member that is not one of the Floor Broker's Authorized ATP Holders). 
The proposed language would enable the Floor Broker to CMTA the trade 
to Firm B through its own clearing arrangement (as long as the 
authorizations are in place for that CMTA to occur) rather than 
nullifying or busting the trade.
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    \24\ See proposed Rule 933NY(f).
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Implementation
    The Exchange will announce the implementation date of the proposed 
rule change no later than the end of Q3 2019 via Trader Notice.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \25\ of 
the Act, in general, and furthers the objectives of Section 
6(b)(5),\26\ in particular, in that 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, and to 
remove impediments to and perfect the mechanisms of a free and open 
market and a national market system.
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    \25\ 15 U.S.C. 78f(b).
    \26\ 15 U.S.C. 78f(b)(5).
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    Particularly, as discussed above, several Clearing Firms affiliated 
with SIFMA have recently expressed concerns relating to the current 
give up process that permits ATP Holders to identify any Clearing 
Members as a Designated Give Up for purposes of clearing particular 
transactions, and have identified the current give-up process (i.e., a 
process that lacks authorization) as a significant source of risk for 
clearing firms.
    The Exchange believes that the proposed changes to Rule 971 would 
help alleviate this risk by enabling Clearing Members to `Opt In' to 
restrict one or more of its OCC clearing numbers (i.e., Restricted OCC 
Numbers), and to specify which Authorized ATP Holders may Give Up those 
Restricted OCC Numbers. As described above, all other ATP Holders would 
be required to receive written authorization from the Clearing Member 
before they can Give Up that Clearing Member's Restricted OCC Number. 
The Exchange believes that this authorization provides proper 
safeguards and protections for Clearing Members as it provides controls 
for Clearing Members to restrict access to their OCC clearing numbers, 
allowing access only to those Authorized ATP Holders upon their 
request. The Exchange also believes that its proposed Clearing Member 
Restriction Form allows the Exchange to receive in a uniform fashion, 
written and transparent authorization from Clearing Members, which 
ensures seamless administration of the Rule.
    The Exchange believes that the proposed Opt In process strikes the 
right balance between the various views and interests across the 
industry. For example, although the proposed rule would require ATP 
Holders (other than Authorized ATP Holders) to seek authorization from 
Clearing Members in order to have the ability to give them up, each ATP 
Holder would still have the ability to Give Up a Restricted OCC Number 
that is subject to a Letter of Guarantee or Letter of Authorization 
without obtaining any further authorization if that ATP Holder is party 
to that arrangement. The Exchange also notes that to the extent the 
executing ATP Holder has a clearing arrangement with a Clearing Member 
(i.e., through a Letter of Guarantee or Letter of Authorization), a 
trade can be assigned to the executing ATP Holder's Guarantor. 
Accordingly, the Exchange believes that the proposed rule change is 
reasonable and continues to provide certainty that a Clearing Member 
would be responsible for a trade, which protects investors and the 
public interest. Finally, the Exchange believes that adopting paragraph 
(i) of Rule 961 and paragraph (b) for Rule 995NY would make clear that 
an intentional misuse of this Rule would be a violation of the 
Exchange's rules.
    The Exchange also believes that the proposed change to Rule 933NY 
would protect investors because it would permit an executing ATP Holder 
to utilize its error account to CMTA an order through its own clearing 
relationship. This would preserve executions while accommodating the 
proposed rule change that could result in an executing ATP Holder not 
being permissioned to for a particular give-up.
    Thus, this proposal would foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, and remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system.

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

    The Exchange does not believe that this proposed rule change would 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
that the proposed rule change would impose an unnecessary burden on 
intramarket competition because it would apply equally to all similarly 
situated ATP Holders. The Exchange also notes that, should the proposed 
changes make the Exchange more attractive for trading, market 
participants trading on other exchanges can always elect to become ATP 
Holders on the Exchange to take advantage of the trading opportunities.
    Furthermore, the proposed rule change does not address any 
competitive issues and ultimately, the target of the Exchange's 
proposal is to reduce risk for Clearing Members under the current give 
up model. Clearing firms make financial decisions based on risk and 
reward, and while it is generally in their beneficial interest to clear 
transactions for market participants in order to generate profit, it is 
the Exchange's understanding from SIFMA and clearing firms that the 
current process can create significant risk when the clearing firm can 
be given up on any market participant's transaction, even where there 
is no prior customer relationship or authorization for that designated 
transaction. In the absence of a mechanism that governs a market 
participant's use of a Clearing Member's services, the Exchange's 
proposal may indirectly facilitate the ability of a Clearing Member to 
manage their existing customer relationships while continuing to allow 
market participant choice in broker execution services. While Clearing 
Members may compete with executing brokers for order flow, the Exchange 
does not believe this proposal imposes an undue burden on competition. 
Rather, the Exchange believes that the proposed rule change balances 
the need for Clearing Members to manage risks and allows them to 
address outlier behavior from executing brokers while still allowing 
freedom of choice to select an executing broker.

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

[[Page 23595]]

19(b)(3)(A)(iii) of the Act \27\ and Rule 19b-4(f)(6) thereunder.\28\ 
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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    \27\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \28\ 17 CFR 240.19b-4(f)(6).
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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) \29\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \29\ 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

     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-NYSEAMER-2019-17 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-NYSEAMER-2019-17. 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-NYSEAMER-2019-17 and should be submitted 
on or before June 12, 2019.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\30\
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    \30\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-10642 Filed 5-21-19; 8:45 am]
BILLING CODE 8011-01-P