81 FR 89562 - Self-Regulatory Organizations: Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Web site Data Publication Requirements Relating to the Regulation NMS Plan To Implement a Tick Size Pilot Program
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 238 (December 12, 2016)
Federal Register Volume 81, Issue 238 (December 12, 2016)
| Page Range | 89562-89564 | |
| FR Document | 2016-29645 |
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)] [Notices] [Pages 89562-89564] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29645] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79473; File No. SR-IEX-2016-17] Self-Regulatory Organizations: Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Web site Data Publication Requirements Relating to the Regulation NMS Plan To Implement a Tick Size Pilot Program December 6, 2016. 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 November 21, 2016, the Investors Exchange LLC (``IEX'' 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. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change Pursuant to the provisions of Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \4\ and Rule 19b-4 thereunder,\5\ Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the Securities and Exchange Commission (``Commission'') a proposed rule change to amend IEX Rule 11.340 to modify the Web site data publication requirements relating to the Regulation NMS Plan to Implement a Tick Size Pilot Program (``Plan''). --------------------------------------------------------------------------- \4\ 15 U.S.C. 78s(b)(1). \5\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- IEX has filed the proposed rule change for immediate effectiveness. IEX has requested that the SEC waive the 30-day operative period so that the proposed rule change may become operative upon filing. The text of the proposed rule change is available at the Exchange's Web site at www.iextrading.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 the 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 these statement may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects 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 25, 2014, FINRA and several other self-regulatory organizations (the ``Participants'') filed with the Commission, pursuant to Section 11A of the Act \6\ and Rule 608 of Regulation NMS thereunder,\7\ the Plan to Implement a Tick Size Pilot Program.\8\ The Participants filed the Plan to comply with an order issued by the Commission on June 24, 2014.\9\ The Plan was published for comment in the Federal Register on November 7, 2014, and approved by the Commission, as modified, on May 6, 2015.\10\ The Commission approved the Pilot on a two-year basis, with implementation to begin no later than May 6, 2016.\11\ On November 6, 2015, the SEC exempted the Participants from implementing the Pilot until October 3, 2016.\12\ Under the revised Pilot implementation date, the Pre-Pilot data collection period commenced on April 4, 2016. An amendment to the Plan adding IEX as a Participant was filed with the Commission on August 4, 20 [sic].\13\ On September 13, 2016, the SEC exempted the Participants from the requirement to fully implement the Pilot on October 3, 2016, to permit the Participants to implement the pilot on a phased-in basis, as described in the Participants' exemptive request.\14\ --------------------------------------------------------------------------- \6\ 15 U.S.C. 78k-1. \7\ 17 CFR 242.608. \8\ See Letter from Brendon J. Weiss, Vice President, Intercontinental Exchange, Inc., to Secretary, Commission, dated August 25, 2014. \9\ See Securities Exchange Act Release No 72460 (June 24, 2014), 79 FR 36840 (June 30, 2014). \10\ See Securities Exchange Act Release No. 74892 (May 6, 2015), 80 FR 27513 (May 13, 2015) (``Approval Order''). \11\ See Approval Order at 27533 and 27545. \12\ See Securities Exchange Act Release No. 76382 (November 6, 2015), 80 FR 70284 (November 13, 2015). \13\ Securities Exchange Act Release No. 78702 (August 26, 2016). Pursuant to the terms of the plan, the amendment was effective on filing pursuant to Rule 608(b)(3) of the Act because it involves solely technical or ministerial matters. \14\ See Letter from David S. Shillman, Associate Director, Division of Trading and Markets, Commission, to Eric Swanson, EVP, General Counsel and Secretary, Bats Global Markets, Inc., dated September 13, 2016; see also Letter from Eric Swanson, EVP, General Counsel and Secretary, Bats Global Markets, Inc., to Brent J. Fields, Secretary, Commission, dated September 9, 2016. --------------------------------------------------------------------------- The Plan is designed to allow the Commission, market participants, and the public to study and assess the impact of increment conventions on the liquidity and trading of the common stock of small- capitalization companies. Each Participant is required to comply, and to enforce compliance by its member organizations, as applicable, with the provisions of the Plan. IEX adopted rule amendments to implement the requirements of the Plan, including relating to the Plan's data collection requirements and requirements relating to Web site data publication.\15\ Specifically, with respect to the Web site data publication requirements pursuant to Section VII and Appendix B to the Plan, IEX Rule 11.340(b)(2)(C) provides that IEX shall make the data required by Items I and II of Appendix B to the Plan, and collected pursuant to paragraphs (b)(2)(A) and (B) of Rule 11.340, publicly available on the IEX Web site on a monthly basis at no charge and shall not identify the Member that generated the data. IEX Rule 11.340(b)(3)(C), provides, among other things, that IEX shall make the data required by Item IV of Appendix B to the Plan, and collected pursuant to paragraph (b)(3)(A) and (B) of Rule11.340, publicly available on the IEX Web site on a monthly basis at no charge and shall not identify the Trading Center that generated the data. Supplementary Material .09 to IEX Rule 11.340 provides, among other things, that the requirement that IEX make certain data publicly available on the IEX Web site pursuant to Appendix B and Appendix C to the Plan shall [[Page 89563]] commence at the beginning of the Pilot Period. --------------------------------------------------------------------------- \15\ See, e.g., Securities Exchange Act Release No. 78820 (September 13, 2016), 81 FR 64234 (September 19, 2016) (Notice of Filing and Immediate Effectiveness of File No. SR-IEX-2016-13); see also Securities Exchange Act Release No. 78481 (August 4, 2016) 81 FR 52933 (August 10, 2016) (Notice of Filing and Immediate Effectiveness of File No. SR-IEX-2016-07); see also Letter from David S. Shillman, Associate Director, Division of Trading and Markets, Commission, to Claudia Crowley, Chief Regulatory Officer, IEX, dated August 30, 2016. --------------------------------------------------------------------------- IEX is proposing amendments to Rule 11.340(b)(2)(C) (regarding Appendix B.I and B.II data) and Rule 11.340(b)(3)(C) (regarding Appendix B.IV data), to provide that data required to be made available on IEX's Web site be published within 120 calendar days following month end. In addition, the proposed amendments to Supplementary Material .09 to Rule 11.340 would provide that, notwithstanding the provisions of paragraphs (b)(2)(C) and (b)(3)(C), IEX shall make data for the Pre- Pilot period publicly available on the IEX Web site pursuant to Appendix B to the Plan by February 28, 2017.\16\ --------------------------------------------------------------------------- \16\ With respect to data for the Pilot Period, the requirement that IEX make data publicly available on the IEX Web site pursuant to Appendix B to the Plan shall continue to commence at the beginning of the Pilot Period. Thus, the first Web site publication date for Pilot Period data (covering October 2016) would be published on the IEX Web site by February 28, 2017, which is 120 days following the end of October 2016. We note that FINRA has submitted a request for exemption, on behalf of all Plan Participants, requesting that the Commission grant an exemption from such provisions of the Plan. See, letter from Marcia E. Asquith, Senior Vice President and Corporate Secretary, FINRA, to Robert W. Errett, Deputy Secretary, Commission, dated November 14, 2016. --------------------------------------------------------------------------- The purpose of delaying the publication of the Web site data is to address confidentiality concerns by providing for the passage of additional time between the market information reflected in the data and the public availability of such information. As noted in Item 1 of this filing, IEX has filed the proposed rule change for immediate effectiveness and has requested that the Commission waive the 30-day operative delay. If the Commission waives the 30-day operative delay, the operative date of the proposed rule change will be the date of filing. 2. Statutory Basis IEX believes that the proposed rule change is consistent with the provisions of Section 6(b) of the Act,\17\ which requires, among other things, that IEX rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest, and Section 6(b)(8) of the Act,\18\ which requires that IEX rules not impose any burden on competition that is not necessary or appropriate. --------------------------------------------------------------------------- \17\ 15 U.S.C. 78f. \18\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- IEX believes that this proposal is consistent with the Act because it is designed to assist the Participants in meeting their regulatory obligations pursuant to the Plan and is in furtherance of the objectives of the Plan, as identified by the Commission. IEX believes that the instant proposal is consistent with the Act in that it is designed to address confidentiality concerns by permitting IEX to delay Web site publication to provide for passage of additional time between the market information reflected in the data and the public availability of such information. B. Self-Regulatory Organization's Statement on Burden on Competition IEX does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. IEX notes that the proposed rule change implements the provisions of the Plan, and is designed to assist the Participants in meeting their regulatory obligations pursuant to the Plan. The proposal is intended to address confidentiality concerns that may adversely impact competition, especially for Pilot Securities that may have a relatively small number of designated Market Makers, by permitting IEX to delay Web site publication to provide for passage of additional time between the market information reflected in the data and the public availability of such information. IEX notes that the proposed change will not affect the data reporting requirements of Members under IEX's rules. The proposal also does not alter the information required to be submitted to the Commission. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received.\19\ --------------------------------------------------------------------------- \19\ Financial Information Forum (FIF) submitted a letter to the staff of the Commission, copying FINRA, raising concerns regarding the publication of certain Appendix B statistics on a disaggregated basis using a unique masked market participant identifier. See Letter from Mary Lou Von Kaenel, Managing Director, FIF, to David S. Shillman, Associate Director, Division of Trading and Markets, Commission, dated August 16, 2016, available at https://www.fif.com/comment-letters. --------------------------------------------------------------------------- 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) \20\ of the Act and Rule 19b- 4(f)(6) \21\ thereunder. --------------------------------------------------------------------------- \20\ 15 U.S.C. 78s(b)(3)(A). \21\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \22\ normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),\23\ the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. In this filing, the Exchange has asked that the Commission waive the requirement that the proposed rule change not become operative for 30 days after the date of the filing. --------------------------------------------------------------------------- \22\ Id. \23\ 17 CFR 240.19b-4(f)(6)(iii). --------------------------------------------------------------------------- The Exchange notes that the proposed rule change implements the provisions of the Plan, and is designed to assist the Participants in meeting their regulatory obligations pursuant to the Plan. The proposal is intended to address confidentiality concerns by permitting the Exchange to delay Web site publication to provide for passage of additional time between the market information reflected in the data and public availability of such information. The proposal does not alter the information required to be submitted to the Commission. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because it will allow the Exchange to implement these proposed changes that are intended to address confidentiality concerns. The Commission notes that some Pilot data was scheduled to be published on November 30, 2016. Therefore, the Commission hereby waives the 30-day operative delay and designates the proposed rule change to be operative on November 30, 2016.\24\ --------------------------------------------------------------------------- \24\ For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- 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.\25\ If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) \26\ of the Act to [[Page 89564]] determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \25\ 15 U.S.C. 78s(b)(3)(C). \26\ 15 U.S.C. 78s(b)(2)(B). --------------------------------------------------------------------------- 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 CommentsUse 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-IEX-2016-17 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-IEX-2016-17. This file number should be included in 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 Section, 100 F Street NE., Washington, DC 20549-1090. Copies of the filing will also be available for inspection and copying at the IEX's principal office and on its Internet Web site at www.iextrading.com. 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-IEX-2016-17 and should be submitted on or before January 3, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\27\ --------------------------------------------------------------------------- \27\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2016-29645 Filed 12-9-16; 8:45 am] BILLING CODE 8011-01-P
![89562 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
For the Commission, by the Division of at www.iextrading.com, at the principal September 13, 2016, the SEC exempted
Trading and Markets, pursuant to delegated office of the Exchange, and at the the Participants from the requirement to
authority.24 Commission’s Public Reference Room. fully implement the Pilot on October 3,
Eduardo A. Aleman, 2016, to permit the Participants to
Assistant Secretary. II. Self-Regulatory Organization’s
implement the pilot on a phased-in
Statement of the Purpose of, and the
[FR Doc. 2016–29649 Filed 12–9–16; 8:45 am] basis, as described in the Participants’
Statutory Basis for, the Proposed Rule exemptive request.14
BILLING CODE 8011–01–P
Change The Plan is designed to allow the
In its filing with the Commission, the Commission, market participants, and
SECURITIES AND EXCHANGE self-regulatory organization included the public to study and assess the
COMMISSION statements concerning the purpose of impact of increment conventions on the
[Release No. 34–79473; File No. SR–IEX– and basis for the proposed rule change liquidity and trading of the common
2016–17] and discussed any comments it received stock of small-capitalization companies.
on the proposed rule change. The text Each Participant is required to comply,
Self-Regulatory Organizations: of these statement may be examined at and to enforce compliance by its
Investors Exchange LLC; Notice of the places specified in Item IV below. member organizations, as applicable,
Filing and Immediate Effectiveness of The self-regulatory organization has with the provisions of the Plan.
Proposed Rule Change To Modify the IEX adopted rule amendments to
prepared summaries, set forth in
Web site Data Publication implement the requirements of the Plan,
Sections A, B, and C below, of the most
Requirements Relating to the including relating to the Plan’s data
significant aspects of such statements.
Regulation NMS Plan To Implement a collection requirements and
Tick Size Pilot Program A. Self-Regulatory Organization’s requirements relating to Web site data
Statement of the Purpose of, and the publication.15 Specifically, with respect
December 6, 2016. Statutory Basis for, the Proposed Rule to the Web site data publication
Pursuant to Section 19(b)(1) 1 of the Change requirements pursuant to Section VII
Securities Exchange Act of 1934 (the and Appendix B to the Plan, IEX Rule
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 1. Purpose
11.340(b)(2)(C) provides that IEX shall
notice is hereby given that, on On August 25, 2014, FINRA and make the data required by Items I and
November 21, 2016, the Investors several other self-regulatory II of Appendix B to the Plan, and
Exchange LLC (‘‘IEX’’ or the organizations (the ‘‘Participants’’) filed collected pursuant to paragraphs
‘‘Exchange’’) filed with the Securities with the Commission, pursuant to (b)(2)(A) and (B) of Rule 11.340,
and Exchange Commission (the Section 11A of the Act 6 and Rule 608 publicly available on the IEX Web site
‘‘Commission’’) the proposed rule of Regulation NMS thereunder,7 the on a monthly basis at no charge and
change as described in Items I and II shall not identify the Member that
Plan to Implement a Tick Size Pilot
below, which Items have been prepared generated the data. IEX Rule
Program.8 The Participants filed the
by the self-regulatory organization. The 11.340(b)(3)(C), provides, among other
Plan to comply with an order issued by
Commission is publishing this notice to things, that IEX shall make the data
the Commission on June 24, 2014.9 The
solicit comments on the proposed rule required by Item IV of Appendix B to
Plan was published for comment in the
change from interested persons. the Plan, and collected pursuant to
Federal Register on November 7, 2014,
I. Self-Regulatory Organization’s and approved by the Commission, as paragraph (b)(3)(A) and (B) of
Statement of the Terms of Substance of modified, on May 6, 2015.10 The Rule11.340, publicly available on the
the Proposed Rule Change Commission approved the Pilot on a IEX Web site on a monthly basis at no
two-year basis, with implementation to charge and shall not identify the
Pursuant to the provisions of Section Trading Center that generated the data.
19(b)(1) of the Securities Exchange Act begin no later than May 6, 2016.11 On
November 6, 2015, the SEC exempted Supplementary Material .09 to IEX Rule
of 1934 (‘‘Act’’) 4 and Rule 19b–4 11.340 provides, among other things,
thereunder,5 Investors Exchange LLC the Participants from implementing the
Pilot until October 3, 2016.12 Under the that the requirement that IEX make
(‘‘IEX’’ or ‘‘Exchange’’) is filing with the certain data publicly available on the
Securities and Exchange Commission revised Pilot implementation date, the
Pre-Pilot data collection period IEX Web site pursuant to Appendix B
(‘‘Commission’’) a proposed rule change and Appendix C to the Plan shall
to amend IEX Rule 11.340 to modify the commenced on April 4, 2016. An
Web site data publication requirements amendment to the Plan adding IEX as a
Rule 608(b)(3) of the Act because it involves solely
relating to the Regulation NMS Plan to Participant was filed with the technical or ministerial matters.
Implement a Tick Size Pilot Program Commission on August 4, 20 [sic].13 On 14 See Letter from David S. Shillman, Associate
(‘‘Plan’’). Director, Division of Trading and Markets,
IEX has filed the proposed rule 6 15 U.S.C. 78k–1. Commission, to Eric Swanson, EVP, General
7 17 CFR 242.608. Counsel and Secretary, Bats Global Markets, Inc.,
change for immediate effectiveness. IEX 8 See Letter from Brendon J. Weiss, Vice dated September 13, 2016; see also Letter from Eric
has requested that the SEC waive the 30- President, Intercontinental Exchange, Inc., to Swanson, EVP, General Counsel and Secretary, Bats
day operative period so that the Secretary, Commission, dated August 25, 2014.
Global Markets, Inc., to Brent J. Fields, Secretary,
proposed rule change may become 9 See Securities Exchange Act Release No 72460
Commission, dated September 9, 2016.
15 See, e.g., Securities Exchange Act Release No.
operative upon filing. (June 24, 2014), 79 FR 36840 (June 30, 2014).
78820 (September 13, 2016), 81 FR 64234
The text of the proposed rule change 10 See Securities Exchange Act Release No. 74892
(September 19, 2016) (Notice of Filing and
mstockstill on DSK3G9T082PROD with NOTICES
is available at the Exchange’s Web site (May 6, 2015), 80 FR 27513 (May 13, 2015) Immediate Effectiveness of File No. SR–IEX–2016–
(‘‘Approval Order’’). 13); see also Securities Exchange Act Release No.
11 See Approval Order at 27533 and 27545.
24 17 CFR 200.30–3(a)(12). 78481 (August 4, 2016) 81 FR 52933 (August 10,
12 See Securities Exchange Act Release No. 76382
1 15 2016) (Notice of Filing and Immediate Effectiveness
U.S.C. 78s(b)(1). (November 6, 2015), 80 FR 70284 (November 13,
2 15 U.S.C. 78a.
of File No. SR–IEX–2016–07); see also Letter from
2015). David S. Shillman, Associate Director, Division of
3 17 CFR 240.19b–4. 13 Securities Exchange Act Release No. 78702 Trading and Markets, Commission, to Claudia
4 15 U.S.C. 78s(b)(1).
(August 26, 2016). Pursuant to the terms of the plan, Crowley, Chief Regulatory Officer, IEX, dated
5 17 CFR 240.19b–4. the amendment was effective on filing pursuant to August 30, 2016.
VerDate Sep<11>2014 18:59 Dec 09, 2016 Jkt 241001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\12DEN1.SGM 12DEN1](https://thefederalregister.org/doc/81_FR_89800/page/1.svg)
![89564 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
determine whether the proposed rule For the Commission, by the Division of notice is hereby given that on November
change should be approved or Trading and Markets, pursuant to delegated 23, 2016, NYSE MKT LLC (the
disapproved. authority.27 ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with
Eduardo A. Aleman, the Securities and Exchange
IV. Solicitation of Comments Assistant Secretary. Commission (the ‘‘Commission’’) the
Interested persons are invited to [FR Doc. 2016–29645 Filed 12–9–16; 8:45 am] proposed rule change as described in
submit written data, views and BILLING CODE 8011–01–P Items I and II below, which Items have
been prepared by the self-regulatory
arguments concerning the foregoing,
organization. The Commission is
including whether the proposed rule SECURITIES AND EXCHANGE publishing this notice to solicit
change is consistent with the Act. COMMISSION comments on the proposed rule change
Comments may be submitted by any of from interested persons.
the following methods: Sunshine Act Meeting
I. Self-Regulatory Organization’s
Electronic Comments Notice is hereby given, pursuant to Statement of the Terms of Substance of
the provisions of the Government in the the Proposed Rule Change
• Use the Commission’s Internet Sunshine Act, Public Law 94–409, that
comment form (http://www.sec.gov/ the Securities and Exchange The Exchange proposes this rule
rules/sro.shtml); or Commission will hold an Open Meeting change to provide that the Exchange
would not be required to report to the
• Send an email to rule-comments@ on Wednesday, December 14, 2016 at
securities information processor an
sec.gov. Please include File Number SR– 10:00 a.m., in the Auditorium, Room L–
002. Official Closing Price, as defined under
IEX–2016–17 on the subject line. Rule 123C(1)(e)(i)—Equities, as an ‘‘M’’
The subject matter of the Open
Paper Comments Meeting will be: sale condition. The proposed rule
• The Commission will consider change is available on the Exchange’s
• Send paper comments in triplicate whether to approve the 2017 budget of Web site at www.nyse.com, at the
to Brent J. Fields, Secretary, Securities the Public Company Accounting principal office of the Exchange, and at
and Exchange Commission, 100 F Street Oversight Board and the related annual the Commission’s Public Reference
NE., Washington, DC 20549–1090. accounting support fee for the Board Room.
All submissions should refer to File under Section 109 of the Sarbanes- II. Self-Regulatory Organization’s
Number SR–IEX–2016–17. This file Oxley Act of 2002. Statement of the Purpose of, and
At times, changes in Commission Statutory Basis for, the Proposed Rule
number should be included in the
priorities require alterations in the Change
subject line if email is used. To help the scheduling of meeting items.
Commission process and review your For further information and to In its filing with the Commission, the
comments more efficiently, please use ascertain what, if any, matters have been self-regulatory organization included
only one method. The Commission will added, deleted, or postponed, please statements concerning the purpose of,
post all comments on the Commission’s contact Brent J. Fields in the Office of and basis for, the proposed rule change
Internet Web site (http://www.sec.gov/ the Secretary at (202) 551–5400. and discussed any comments it received
rules/sro.shtml). Copies of the on the proposed rule change. The text
Dated: December 7, 2016.
submission, all subsequent of those statements may be examined at
Brent J. Fields,
amendments, all written statements the places specified in Item IV below.
Secretary. The Exchange has prepared summaries,
with respect to the proposed rule
[FR Doc. 2016–29794 Filed 12–8–16; 11:15 am] set forth in sections A, B, and C below,
change that are filed with the
Commission, and all written BILLING CODE 8011–01–P of the most significant parts of such
communications relating to the statements.
proposed rule change between the A. Self-Regulatory Organization’s
SECURITIES AND EXCHANGE
Commission and any person, other than COMMISSION Statement of the Purpose of, and the
those that may be withheld from the Statutory Basis for, the Proposed Rule
public in accordance with the [Release No. 34–79479; File No. SR–
Change
provisions of 5 U.S.C. 552, will be NYSEMKT–2016–104]
available for Web site viewing and 1. Purpose
Self-Regulatory Organizations; NYSE
printing in the Commission’s Public MKT LLC; Notice of Filing and The Exchange is proposing to provide
Reference Section, 100 F Street NE., Immediate Effectiveness of Proposed that the Exchange would not be required
Washington, DC 20549–1090. Copies of Rule Change To Provide That the to report to the securities information
the filing will also be available for Exchange Would Not Be Required To processor (‘‘SIP’’) an Official Closing
inspection and copying at the IEX’s Report to the Securities Information Price, as defined under Rule
principal office and on its Internet Web Processor an Official Closing Price, as 123C(1)(e)(i)—Equities, as an ‘‘M’’ sale
site at www.iextrading.com. All Defined Under Rule 123C(1)(e)(i)— condition.4 This proposed rule change
comments received will be posted Equities, as an ‘‘M’’ Sale Condition would not change how the Official
without change; the Commission does Closing Price would be determined and
not edit personal identifying December 6, 2016. disseminated if the Exchange is unable
mstockstill on DSK3G9T082PROD with NOTICES
information from submissions. You Pursuant to Section 19(b)(1) 1 of the
should submit only information that Securities Exchange Act of 1934 (the 4 For a description of all sale conditions that are
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 reportable to the SIP, including the ‘‘M’’ and ‘‘6’’
you wish to make available publicly. All sale conditions, see the Consolidated Tape System
submissions should refer to File 27 17
Participant Communications Interface
CFR 200.30–3(a)(12). Specification, dated September 15, 2016, at 87 (‘‘SIP
Number SR–IEX–2016–17 and should 1 15 U.S.C.78s(b)(1). Specifications’’), available here: https://www.
be submitted on or before January 3, 2 15 U.S.C. 78a.
ctaplan.com/publicdocs/ctaplan/notifications/
2017. 3 17 CFR 240.19b–4. trader-update/cts_input_spec.pdf.
VerDate Sep<11>2014 18:59 Dec 09, 2016 Jkt 241001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\12DEN1.SGM 12DEN1](https://thefederalregister.org/doc/81_FR_89800/page/3.svg)
Document Created: 2018-02-14 09:05:48
Document Modified: 2018-02-14 09:05:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 89562 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR