81_FR_70087 81 FR 69892 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Amend Rule 1017, Openings in Options

81 FR 69892 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Amend Rule 1017, Openings in Options

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range69892-69893
FR Document2016-24278

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69892-69893]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24278]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79024; File No. SR-Phlx-2016-79]


Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of 
Designation of a Longer Period for Commission Action on a Proposed Rule 
Change To Amend Rule 1017, Openings in Options

October 3, 2016.
    On August 4, 2016, NASDAQ PHLX LLC (``Exchange'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act

[[Page 69893]]

of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule 
change to amend Rule 1017, Openings in Options. The proposed rule 
change was published for comment in the Federal Register on August 22, 
2016.\3\ The Commission received no comment letters on the proposed 
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 78588 (August 16, 
2016), 81 FR 56733.
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    Section 19(b)(2) of the Act \4\ provides that, within 45 days of 
the publication of notice of the filing of a proposed rule change, or 
within such longer period up to 90 days as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding or as to which the self-regulatory organization 
consents, the Commission shall either approve the proposed rule change, 
disapprove the proposed rule change, or institute proceedings to 
determine whether the proposed rule change should be disapproved. The 
45th day after publication of the notice for this proposed rule change 
is October 6, 2016.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission is extending this 45-day time period. The Commission 
finds that it is appropriate to designate a longer period within which 
to take action on the proposed rule change so that it has sufficient 
time to consider the proposed rule change. Accordingly, the Commission, 
pursuant to Section 19(b)(2) of the Act,\5\ designates November 20, 
2016, as the date by which the Commission shall either approve or 
disapprove or institute proceedings to determine whether to disapprove 
the proposed rule change (File Number SR-Phlx-2016-79).
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    \5\ Id.
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-24278 Filed 10-6-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  69892                            Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices

                                                  in particular, in that it is designed to                  proposal does not: (i) Significantly affect           All submissions should refer to File No.
                                                  promote just and equitable principles of                  the protection of investors or the public             SR–CHX–2016–19. This file number
                                                  trade, to foster cooperation and                          interest; (ii) impose any significant                 should be included on the subject line
                                                  coordination with persons engaged in                      burden on competition; and (iii) by its               if email is used. To help the
                                                  facilitating transactions in securities, to               terms, become operative for 30 days                   Commission process and review your
                                                  remove impediments to and perfect the                     from the date on which it was filed, or               comments more efficiently, please use
                                                  mechanism of a free and open market                       such shorter time as the Commission                   only one method. The Commission will
                                                  and a national market system and, in                      may designate if consistent with the                  post all comments on the Commission’s
                                                  general, to protect investors and the                     protection of investors and the public                Internet Web site (http://www.sec.gov/
                                                  public interest.                                          interest.                                             rules/sro.shtml). Copies of the
                                                     The Exchange believes that this                           A proposed rule change filed under                 submission, all subsequent
                                                  proposal is consistent with the Act                       Rule 19b–4(f)(6) 57 normally does not                 amendments, all written statements
                                                  because it implements, interprets, and                    become operative prior to 30 days after               with respect to the proposed rule
                                                  clarifies the provisions of the Plan and                  the date of the filing. However, pursuant             change that are filed with the
                                                  CHX Rules, and is designed to assist the                  to Rule 19b–4(f)(6)(iii),58 the                       Commission, and all written
                                                  Exchange and CHX Participants in                          Commission may designate a shorter                    communications relating to the
                                                  meeting regulatory obligations pursuant                   time if such action is consistent with the            proposed rule changes between the
                                                  to the Plan. In approving the Plan, the                   protection of investors and the public                Commission and any person, other than
                                                  SEC noted that the Pilot was an                           interest. The Exchange has asked the                  those that may be withheld from the
                                                  appropriate, data-driven test that was                    Commission to waive the 30-day                        public in accordance with the
                                                  designed to evaluate the impact of a                      operative delay so that so that the                   provisions of 5 U.S.C. 552, will be
                                                  wider tick size on trading, liquidity, and                proposed rule change can become                       available for Web site viewing and
                                                  the market quality of securities of                       operative on September 30, 2016.                      printing in the Commission’s Public
                                                  smaller capitalization companies, and                       The Commission believes that                        Reference Room, 100 F Street NE.,
                                                  was therefore in furtherance of the                       waiving the 30-day operative delay is                 Washington, DC 20549 on official
                                                  purposes of the Act. To the extent that                   consistent with the protection of                     business days between the hours of
                                                  this proposal implements, interprets,                     investors and the public interest                     10:00 a.m. and 3:00 p.m. Copies of the
                                                  and clarifies the Plan and applies                        because it will allow the Exchange to                 filing also will be available for
                                                  specific requirements to CHX                              implement the proposed rules                          inspection and copying at the principal
                                                  Participants, the Exchange believes that                  immediately thereby preventing delays                 office of the CHX. All comments
                                                  this proposal is in furtherance of the                    in the implementation of the Plan. The                received will be posted without change;
                                                  objectives of the Plan, as identified by                  Commission notes that the Plan is                     the Commission does not edit personal
                                                  the SEC, and is therefore consistent with                 scheduled to start on October 3, 2016.                identifying information from
                                                  the Act.                                                  Therefore, the Commission hereby                      submissions. You should submit only
                                                  B. Self-Regulatory Organization’s                         waives the 30-day operative delay and                 information that you wish to make
                                                  Statement of Burden on Competition                        designates the proposed rule change to                available publicly. All submissions
                                                                                                            be operative upon filing with the                     should refer to File No. SR–CHX–2016–
                                                    The Exchange does not believe that                      Commission.59                                         19 and should be submitted on or before
                                                  the proposed rule change will result in                                                                         October 28, 2016.
                                                  any burden on competition that is not                     IV. Solicitation of Comments
                                                                                                                                                                    For the Commission, by the Division of
                                                  necessary or appropriate in furtherance                     Interested persons are invited to                   Trading and Markets, pursuant to delegated
                                                  of the purposes of the Act. The                           submit written data, views and                        authority.60
                                                  Exchange notes that the proposed rule                     arguments concerning the foregoing,                   Robert W. Errett,
                                                  change implements the provisions of the                   including whether the proposal is                     Deputy Secretary.
                                                  Plan, and is designed to assist the                       consistent with the Act. Comments may
                                                  Exchange in meeting its regulatory                                                                              [FR Doc. 2016–24281 Filed 10–6–16; 8:45 am]
                                                                                                            be submitted by any of the following
                                                  obligations pursuant to the Plan. The                     methods:
                                                                                                                                                                  BILLING CODE 8011–01–P

                                                  Exchange also notes that the quoting
                                                  and trading requirements of the Plan                      Electronic Comments
                                                  will apply equally to all CHX                                                                                   SECURITIES AND EXCHANGE
                                                                                                              • Use the Commission’s Internet                     COMMISSION
                                                  Participants that trade Pilot Securities.                 comment form (http://www.sec.gov/
                                                  C. Self-Regulatory Organization’s                         rules/sro.shtml); or                                  [Release No. 34–79024; File No. SR–Phlx–
                                                                                                              • Send an email to rule-comments@                   2016–79]
                                                  Statement on Comments Regarding the
                                                  Proposed Rule Changes Received From                       sec.gov. Please include File No. SR–                  Self-Regulatory Organizations;
                                                  Members, Participants or Others                           CHX–2016–19 on the subject line.                      NASDAQ PHLX LLC; Notice of
                                                    No written comments were either                         Paper Comments                                        Designation of a Longer Period for
                                                  solicited or received.                                                                                          Commission Action on a Proposed
                                                                                                              • Send paper comments in triplicate
                                                                                                                                                                  Rule Change To Amend Rule 1017,
                                                  III. Date of Effectiveness of the                         to Brent J. Fields, Secretary, Securities
                                                                                                                                                                  Openings in Options
                                                  Proposed Rule Changes and Timing for                      and Exchange Commission, 100 F Street
                                                  Commission Action                                         NE., Washington, DC 20549–1090.                       October 3, 2016.
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                                                     The foregoing rule change has become                                                                            On August 4, 2016, NASDAQ PHLX
                                                  effective pursuant to Section                               57 17  CFR 240.19b–4(f)(6).                         LLC (‘‘Exchange’’) filed with the
                                                                                                               58 17 CFR 240.19b–4(f)(6)(iii).
                                                  19(b)(3)(A) 55 of the Act and Rule 19b–                                                                         Securities and Exchange Commission
                                                                                                               59 For purposes only of waiving the operative
                                                  4(f)(6) 56 thereunder because the                                                                               (‘‘Commission’’), pursuant to Section
                                                                                                            delay for this proposal, the Commission has
                                                                                                            considered the proposed rule’s impact on              19(b)(1) of the Securities Exchange Act
                                                    55 15   U.S.C. 78s(b)(3)(A).                            efficiency, competition, and capital formation. See
                                                    56 17   CFR 240.19b–4(f)(6).                            15 U.S.C. 78c(f).                                       60 17   CFR 200.30–3(a)(12).



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                                                                                 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices                                                   69893

                                                  of 1934 (‘‘Act’’) 1 and Rule 19b–4                      SECURITIES AND EXCHANGE                                the purpose of and basis for the
                                                  thereunder,2 a proposed rule change to                  COMMISSION                                             proposed rule change and discussed any
                                                  amend Rule 1017, Openings in Options.                                                                          comments it received on the proposed
                                                                                                          [Release No. 34–79026; File No. SR–FINRA–
                                                  The proposed rule change was                            2016–038]
                                                                                                                                                                 rule change. The text of these statements
                                                  published for comment in the Federal                                                                           may be examined at the places specified
                                                  Register on August 22, 2016.3 The                       Self-Regulatory Organizations;                         in Item IV below. FINRA has prepared
                                                  Commission received no comment                          Financial Industry Regulatory                          summaries, set forth in sections A, B,
                                                  letters on the proposed rule change.                    Authority, Inc.; Notice of Filing and                  and C below, of the most significant
                                                                                                          Immediate Effectiveness of a Proposed                  aspects of such statements.
                                                     Section 19(b)(2) of the Act 4 provides
                                                                                                          Rule Change To Amend FINRA Rule                        A. Self-Regulatory Organization’s
                                                  that, within 45 days of the publication
                                                                                                          6191 To Modify the Quoting and                         Statement of the Purpose of, and the
                                                  of notice of the filing of a proposed rule              Trading Requirements Relating to the
                                                  change, or within such longer period up                                                                        Statutory Basis for, the Proposed Rule
                                                                                                          Block Size Exception and the Use of                    Change
                                                  to 90 days as the Commission may                        Intermarket Sweep Orders and Trade-
                                                  designate if it finds such longer period                at Intermarket Sweep Orders                            1. Purpose
                                                  to be appropriate and publishes its
                                                                                                          October 3, 2016.                                          On August 25, 2014, FINRA and
                                                  reasons for so finding or as to which the                                                                      several other self-regulatory
                                                  self-regulatory organization consents,                     Pursuant to Section 19(b)(1) of the
                                                                                                          Securities Exchange Act of 1934                        organizations (‘‘Participants’’) filed with
                                                  the Commission shall either approve the                                                                        the Commission, pursuant to Section
                                                  proposed rule change, disapprove the                    (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                                                                          notice is hereby given that on                         11A of the Act 5 and Rule 608 of SEC
                                                  proposed rule change, or institute                                                                             Regulation NMS 6 thereunder, the
                                                  proceedings to determine whether the                    September 30, 2016, Financial Industry
                                                                                                          Regulatory Authority, Inc. (‘‘FINRA’’)                 Regulation NMS Plan to Implement a
                                                  proposed rule change should be                                                                                 Tick Size Pilot Program (‘‘Plan’’).7 The
                                                                                                          filed with the Securities and Exchange
                                                  disapproved. The 45th day after                                                                                Participants filed the Plan to comply
                                                                                                          Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                  publication of the notice for this                      the proposed rule change as described                  with an order issued by the Commission
                                                  proposed rule change is October 6,                      in Items I and II below, which Items                   on June 24, 2014.8 The Plan was
                                                  2016.                                                   have been prepared by FINRA. FINRA                     published for comment in the Federal
                                                     The Commission is extending this 45-                 has designated the proposed rule change                Register on November 7, 2014, and
                                                  day time period. The Commission finds                   as constituting a ‘‘non-controversial’’                approved by the Commission, as
                                                  that it is appropriate to designate a                   rule change under paragraph (f)(6) of                  modified, on May 6, 2015.9 The
                                                  longer period within which to take                      Rule 19b–4 under the Act,3 which                       Commission approved the Plan on a
                                                  action on the proposed rule change so                   renders the proposal effective upon                    two-year pilot basis.10 On November 6,
                                                                                                          receipt of this filing by the Commission.              2015, the SEC exempted the Participants
                                                  that it has sufficient time to consider the
                                                                                                          The Commission is publishing this                      from implementing the pilot until
                                                  proposed rule change. Accordingly, the
                                                                                                          notice to solicit comments on the                      October 3, 2016.11
                                                  Commission, pursuant to Section                                                                                   The Plan is designed to allow the
                                                  19(b)(2) of the Act,5 designates                        proposed rule change from interested
                                                                                                          persons.                                               Commission, market participants, and
                                                  November 20, 2016, as the date by                                                                              the public to study and assess the
                                                  which the Commission shall either                       I. Self-Regulatory Organization’s                      impact of increment conventions on the
                                                  approve or disapprove or institute                      Statement of the Terms of Substance of                 liquidity and trading of the common
                                                  proceedings to determine whether to                     the Proposed Rule Change                               stock of small-capitalization companies.
                                                  disapprove the proposed rule change                        FINRA is proposing to amend FINRA                   Each Participant is required to comply,
                                                  (File Number SR–Phlx–2016–79).                          Rule 6191 (Compliance with Regulation                  and to enforce compliance by its
                                                    For the Commission, by the Division of                NMS Plan to Implement a Tick Size                      member organizations, as applicable,
                                                  Trading and Markets, pursuant to delegated              Pilot Program) to modify the quoting                   with the provisions of the Plan. The
                                                  authority.6                                             and trading requirements relating to the               Plan provides for the creation of a group
                                                                                                          block size exception and the use of                    of Pilot Securities, which shall be
                                                  Robert W. Errett,
                                                                                                          Intermarket Sweep Orders (‘‘ISOs’’) and                placed in a control group and three
                                                  Deputy Secretary.                                       Trade-at Intermarket Sweep Orders                      separate test groups, with each subject
                                                  [FR Doc. 2016–24278 Filed 10–6–16; 8:45 am]             (‘‘TAISOs’’).4                                         to varying quoting and trading
                                                  BILLING CODE 8011–01–P                                     The text of the proposed rule change                increments. Pilot Securities in the
                                                                                                          is available on FINRA’s Web site at                    control group will be quoted at the
                                                                                                          http://www.finra.org, at the principal                 current tick size increment of $0.01 per
                                                                                                          office of FINRA and at the                             share and will trade at the currently
                                                                                                          Commission’s Public Reference Room.                    permitted increments. Pilot Securities in
                                                                                                          II. Self-Regulatory Organization’s                       5 15  U.S.C. 78k–1.
                                                                                                          Statement of the Purpose of, and                         6 17  CFR 242.608.
                                                                                                          Statutory Basis for, the Proposed Rule                    7 See Letter from Brendon J. Weiss, Vice
                                                                                                          Change                                                 President, Intercontinental Exchange, Inc., to
                                                                                                                                                                 Secretary, Commission, dated August 25, 2014.
                                                                                                             In its filing with the Commission,
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                                                                                                                                                                    8 See Securities Exchange Act Release No. 72460

                                                    1 15
                                                                                                          FINRA included statements concerning                   (June 24, 2014), 79 FR 36840 (June 30, 2014).
                                                          U.S.C. 78s(b)(1).
                                                    2 17                                                                                                            9 See Securities Exchange Act Release No. 74892
                                                          CFR 240.19b–4.                                    1 15
                                                    3 See Securities Exchange Act Release No. 78588
                                                                                                                 U.S.C. 78s(b)(1).                               (May 6, 2015), 80 FR 27514 (May 13, 2015)
                                                                                                            2 17 CFR 240.19b–4.                                  (‘‘Approval Order’’).
                                                  (August 16, 2016), 81 FR 56733.                           3 17 CFR 240.19b–4(f)(6).                               10 See Approval Order.
                                                    4 15 U.S.C. 78s(b)(2).
                                                                                                            4 Unless otherwise specified, capitalized terms         11 See Securities Exchange Act Release No. 76382
                                                    5 Id.
                                                                                                          used in this rule filing are defined as set forth in   (November 6, 2015), 80 FR 70284 (November 13,
                                                    6 17 CFR 200.30–3(a)(31).                             the Plan.                                              2015).



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Document Created: 2018-02-13 16:32:05
Document Modified: 2018-02-13 16:32:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 69892 

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