81_FR_92208 81 FR 91965 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 11.27(b) Regarding the Data Collection Requirements of the Regulation NMS Plan To Implement a Tick Size Pilot Program

81 FR 91965 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 11.27(b) Regarding the Data Collection Requirements of the Regulation NMS Plan To Implement a Tick Size Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 243 (December 19, 2016)

Page Range91965-91967
FR Document2016-30387

Federal Register, Volume 81 Issue 243 (Monday, December 19, 2016)
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91965-91967]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30387]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79534; File No. SR-BatsBYX-2016-37]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Exchange Rule 11.27(b) Regarding the Data Collection Requirements of 
the Regulation NMS Plan To Implement a Tick Size Pilot Program

December 13, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on November 30, 2016, Bats BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Exchange Rule 11.27(b) 
regarding the data collection requirements of the Regulation NMS Plan 
to Implement a Tick Size Pilot Program (``Plan'').
    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange 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 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On August 25, 2014, the Exchange, and several other self-regulatory 
organizations (the ``Participants'') filed with the Commission, 
pursuant to Section 11A of the Act \5\ and Rule 608 of Regulation NMS 
thereunder,\6\ the Plan to Implement a Tick Size Pilot Program.\7\ The 
Participants filed the Plan to comply with an order issued by the 
Commission on June 24, 2014.\8\ 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.\9\ The Commission approved the 
Pilot on a two-year basis, with implementation to begin no later than 
May 6, 2016.\10\ On November 6, 2015, the SEC exempted the Participants 
from implementing the

[[Page 91966]]

Pilot until October 3, 2016.\11\ Under the revised Pilot implementation 
date, the Pre-Pilot data collection period commenced on April 4, 2016. 
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.\12\
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    \5\ 15 U.S.C. 78k-1.
    \6\ 17 CFR 242.608.
    \7\ See Letter from Brendon J. Weiss, Vice President, 
Intercontinental Exchange, Inc., to Secretary, Commission, dated 
August 25, 2014.
    \8\ See Securities Exchange Act Release No 72460 (June 24, 
2014), 79 FR 36840 (June 30, 2014).
    \9\ See Securities Exchange Act Release No. 74892 (May 6, 2015), 
80 FR 27513 (May 13, 2015) (``Approval Order'').
    \10\ See Approval Order at 27533 and 27545.
    \11\ See Securities Exchange Act Release No. 76382 (November 6, 
2015), 80 FR 70284 (November 13, 2015).
    \12\ See Letter from David S. Shillman, Associate Director, 
Division of Trading and Markets, Commission, to Eric Swanson, EVP, 
General Counsel and Secretary, Exchange, dated September 13, 2016; 
see also Letter from Eric Swanson, EVP, General Counsel and 
Secretary, Exchange, to Brent J. Fields, Secretary, Commission, 
dated September 9, 2016.
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    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.
    The Exchange 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.\13\ Specifically, with respect to the Web site data 
publication requirements pursuant to Section VII and Appendices B and C 
to the Plan, Exchange Rule 11.27(b)(2) provides, among other things, 
that the Exchange shall make the data required by Items I and II of 
Appendix B to the Plan, and collected pursuant to paragraph (b)(2)(A) 
of Rule 11.27, publicly available on the Exchange's Web site on a 
monthly basis at no charge and shall not identify the Trading Center 
that generated the data. Exchange Rule 11.27(b)(3)(C), provides, among 
other things, that the Exchange shall make the data required by Item IV 
of Appendix B to the Plan, and collected pursuant to paragraph (b)(3) 
of Rule 11.27, publicly available on the Exchange's Web site on a 
monthly basis at no charge and shall not identify the Trading Center 
that generated the data. Exchange Rule 11.27(b)(5) provides, among 
other things, shall collect and transmit to the Commission data 
described in Item III of Appendix B of the Plan relating to daily 
Market Maker registration statistics, but does not currently include a 
provision requiring the Exchange to publish such data to its Web 
site.\14\ Interpretation and Policy .08 to Exchange Rule 11.27(b) 
provides, among other things, that the requirement that Exchange or 
Designated Examining Authority (``DEA'') make certain data publicly 
available on their Web site pursuant to Appendix B and C to the Plan 
shall commence at the beginning of the Pilot Period.\15\
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    \13\ See, e.g., Securities Exchange Act Release Nos. 77418 
(March 22, 2016), 81 FR 17213 (March 28, 2016); and 78795 (September 
9, 2016), 81 FR 63508 (September 15, 2016). See also Letter from 
David S. Shillman, Associate Director, Division of Trading and 
Markets, Commission, to Marcia E. Asquith, Senior Vice President and 
Corporate Secretary, FINRA, dated February 17, 2016.
    \14\ Section VII.A. 4 of the Plan.
    \15\ The Exchange understands that some Market Makers may 
utilize a DEA that is not a Participant to the Plan and that their 
DEA would not be subject to the Plan's data collection requirements. 
Exchange rules require members that are Market Makers whose DEA is 
not a Participant to the Plan to transmit transaction data for 
Market Maker participation and profitability calculations to FINRA. 
See paragraphs (3)(B) and (4)(B) of Exchange Rule 11.27(b).
---------------------------------------------------------------------------

    The Exchange is proposing amendments to Rule 11.27(b)(2) (regarding 
Appendix B.I and B.II data) and Rule 11.27(b)(3)(C) (regarding Appendix 
B.IV data), to provide that data required to be made available on 
Exchange's or DEA's Web site be published within 120 calendar days 
following month end. The Exchange also proposes to add a provision to 
Rule 11.27(b)(5) to state that the Exchange shall make data collected 
under Appendix B.III publicly available on the Exchange Web site within 
120 calendar days following month end at no charge. In addition, the 
proposed amendments to Interpretation and Policy .08 to Exchange Rule 
11.27(b) would provide that, notwithstanding the provisions of 
paragraphs (b)(2), (b)(3)(C), and (b)(5), the Exchange and DEA shall 
make data for the Pre-Pilot period publicly available on their Web site 
pursuant to Appendix B and C to the Plan by February 28, 2017.\16\ 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. The Exchange 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.
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    \16\ With respect to data for the Pilot Period, the requirement 
that the Exchange and DEA make data publicly available on their Web 
site pursuant to Appendix B and C 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 Exchange's or DEA's Web site by February 
28, 2017, which is 120 days following the end of October 2016.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \17\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \18\ in particular, in that it is designed to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system and, in general, to 
protect investors and the public interest.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
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    The Exchange 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 SEC. The Exchange 
believes that the instant proposal is consistent with the Act in that 
it is designed to addresses 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 the public availability of such information.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange 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. 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 addresses confidentiality concerns that 
may adversely impact competition, especially for Pilot Securities that 
may have a relatively small number of designated Market Makers, 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 the public availability of such information. The proposal 
does not alter the information required to be submitted to the SEC.

[[Page 91967]]

(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\
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    \19\ See Letter from Mary Lou Von Kaenel, Managing Director, 
Financial Information Forum, to David S. Shillman, Associate 
Director, Division of Trading and Markets, Commission, dated August 
16, 2016.
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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) thereunder.\21\
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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6).
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    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. The Exchange has filed 
the proposed rule change for immediate effectiveness and has requested 
that the Commission waive the requirement that the proposed rule change 
not become operative for 30 days after the date of the filing so that 
it may become operative immediately.
---------------------------------------------------------------------------

    \22\ 17 CFR 240.19b-4(f)(6).
    \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 the public availability of such information. The proposal also does 
not alter the information required to be submitted to the SEC.
    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 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 as of 
November 30, 2016.\24\
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    \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 to determine whether the proposed rule should be approved 
or disapproved.
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    \25\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposal 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 No. SR-BatsBYX-2016-37 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 No. SR-BatsBYX-2016-37. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly.
    All submissions should refer to File No. SR-BatsBYX-2016-37 and 
should be submitted on or before January 9, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-30387 Filed 12-16-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices                                                  91965

                                                III. Date of Effectiveness of the                          10:00 a.m. and 3:00 p.m. Copies of the                I. Self-Regulatory Organization’s
                                                Proposed Rule Change, and Timing for                       filing also will be available for                     Statement of the Terms of Substance of
                                                Commission Action                                          inspection and copying at the principal               the Proposed Rule Change
                                                   The foregoing rule change has become                    office of FICC and on DTCC’s Web site                    The Exchange filed a proposal to
                                                effective pursuant to Section                              (http://dtcc.com/legal/sec-rule-                      amend Exchange Rule 11.27(b)
                                                19(b)(3)(A) 8 of the Act and paragraph (f)                 filings.aspx). All comments received                  regarding the data collection
                                                of Rule 19b–4 9 thereunder. At any time                    will be posted without change; the                    requirements of the Regulation NMS
                                                within 60 days of the filing of the                        Commission does not edit personal                     Plan to Implement a Tick Size Pilot
                                                proposed rule change, the Commission                       identifying information from                          Program (‘‘Plan’’).
                                                summarily may temporarily suspend                          submissions. You should submit only                      The text of the proposed rule change
                                                such rule change if it appears to the                      information that you wish to make                     is available at the Exchange’s Web site
                                                Commission that such action is                             available publicly. All submissions                   at www.batstrading.com, at the
                                                necessary or appropriate in the public                     should refer to File Number SR–FICC–                  principal office of the Exchange, and at
                                                interest, for the protection of investors,                 2016–008 and should be submitted on                   the Commission’s Public Reference
                                                or otherwise in furtherance of the                         or before January 9, 2017.                            Room.
                                                purposes of the Act.
                                                                                                             For the Commission, by the Division of              II. Self-Regulatory Organization’s
                                                IV. Solicitation of Comments                               Trading and Markets, pursuant to delegated            Statement of the Purpose of, and
                                                  Interested persons are invited to                        authority.10                                          Statutory Basis for, the Proposed Rule
                                                submit written data, views and                             Eduardo A. Aleman,                                    Change
                                                arguments concerning the foregoing,                        Assistant Secretary.                                    In its filing with the Commission, the
                                                including whether the proposed rule                        [FR Doc. 2016–30388 Filed 12–16–16; 8:45 am]          Exchange included statements
                                                change is consistent with the Act.                                                                               concerning the purpose of and basis for
                                                                                                           BILLING CODE 8011–01–P
                                                Comments may be submitted by any of                                                                              the proposed rule change and discussed
                                                the following methods:                                                                                           any comments it received on the
                                                Electronic Comments                                        SECURITIES AND EXCHANGE                               proposed rule change. The text of these
                                                                                                           COMMISSION                                            statements may be examined at the
                                                   • Use the Commission’s Internet
                                                                                                                                                                 places specified in Item IV below. The
                                                comment form
                                                   (http://www.sec.gov/rules/sro.shtml);                   [Release No. 34–79534; File No. SR–
                                                                                                                                                                 Exchange has prepared summaries, set
                                                or                                                         BatsBYX–2016–37]
                                                                                                                                                                 forth in Sections A, B, and C below, of
                                                   • Send an email to rule-comments@                                                                             the most significant parts of such
                                                sec.gov. Please include File Number SR–                    Self-Regulatory Organizations; Bats                   statements.
                                                FICC–2016–008 on the subject line.                         BYX Exchange, Inc.; Notice of Filing                  (A) Self-Regulatory Organization’s
                                                Paper Comments                                             and Immediate Effectiveness of a                      Statement of the Purpose of, and
                                                                                                           Proposed Rule Change To Amend                         Statutory Basis for, the Proposed Rule
                                                  • Send paper comments in triplicate                      Exchange Rule 11.27(b) Regarding the                  Change
                                                to Secretary, Securities and Exchange                      Data Collection Requirements of the
                                                Commission, 100 F Street NE.,                                                                                    1. Purpose
                                                                                                           Regulation NMS Plan To Implement a
                                                Washington, DC 20549.                                      Tick Size Pilot Program                                 On August 25, 2014, the Exchange,
                                                  All submissions should refer to File                                                                           and several other self-regulatory
                                                Number SR–FICC–2016–008. This file                         December 13, 2016.                                    organizations (the ‘‘Participants’’) filed
                                                number should be included on the                                                                                 with the Commission, pursuant to
                                                subject line if email is used. To help the                    Pursuant to Section 19(b)(1) of the
                                                                                                           Securities Exchange Act of 1934 (the                  Section 11A of the Act 5 and Rule 608
                                                Commission process and review your                                                                               of Regulation NMS thereunder,6 the
                                                comments more efficiently, please use                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                           notice is hereby given that on November               Plan to Implement a Tick Size Pilot
                                                only one method. The Commission will                                                                             Program.7 The Participants filed the
                                                post all comments on the Commission’s                      30, 2016, Bats BYX Exchange, Inc. (the
                                                                                                           ‘‘Exchange’’ or ‘‘BYX’’) filed with the               Plan to comply with an order issued by
                                                Internet Web site (http://www.sec.gov/                                                                           the Commission on June 24, 2014.8 The
                                                rules/sro.shtml). Copies of the                            Securities and Exchange Commission
                                                                                                           (‘‘Commission’’) the proposed rule                    Plan was published for comment in the
                                                submission, all subsequent                                                                                       Federal Register on November 7, 2014,
                                                amendments, all written statements                         change as described in Items I and II
                                                                                                                                                                 and approved by the Commission, as
                                                with respect to the proposed rule                          below, which Items have been prepared
                                                                                                                                                                 modified, on May 6, 2015.9 The
                                                change that are filed with the                             by the Exchange. The Exchange has
                                                                                                                                                                 Commission approved the Pilot on a
                                                Commission, and all written                                designated this proposal as a ‘‘non-                  two-year basis, with implementation to
                                                communications relating to the                             controversial’’ proposed rule change                  begin no later than May 6, 2016.10 On
                                                proposed rule change between the                           pursuant to Section 19(b)(3)(A) of the                November 6, 2015, the SEC exempted
                                                Commission and any person, other than                      Act 3 and Rule 19b–4(f)(6)(iii)                       the Participants from implementing the
                                                those that may be withheld from the                        thereunder,4 which renders it effective
                                                public in accordance with the                              upon filing with the Commission. The                    5 15  U.S.C. 78k–1.
                                                provisions of 5 U.S.C. 552, will be                        Commission is publishing this notice to                 6 17  CFR 242.608.
sradovich on DSK3GMQ082PROD with NOTICES




                                                available for Web site viewing and                         solicit comments on the proposed rule                    7 See Letter from Brendon J. Weiss, Vice

                                                printing in the Commission’s Public                        change from interested persons.                       President, Intercontinental Exchange, Inc., to
                                                Reference Room, 100 F Street NE.,                                                                                Secretary, Commission, dated August 25, 2014.
                                                                                                                                                                    8 See Securities Exchange Act Release No 72460
                                                Washington, DC 20549 on official                             10 17 CFR 200.30–3(a)(12).                          (June 24, 2014), 79 FR 36840 (June 30, 2014).
                                                business days between the hours of                           1 15 U.S.C. 78s(b)(1).                                 9 See Securities Exchange Act Release No. 74892
                                                                                                             2 17 CFR 240.19b–4.
                                                                                                                                                                 (May 6, 2015), 80 FR 27513 (May 13, 2015)
                                                  8 15   U.S.C. 78s(b)(3)(A).                                3 15 U.S.C. 78s(b)(3)(A).                           (‘‘Approval Order’’).
                                                  9 17   CFR 240.19b–4(f).                                   4 17 CFR 240.19b–4(f)(6)(iii).                         10 See Approval Order at 27533 and 27545.




                                           VerDate Sep<11>2014      20:55 Dec 16, 2016   Jkt 241001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\19DEN1.SGM   19DEN1


                                                91966                       Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices

                                                Pilot until October 3, 2016.11 Under the                described in Item III of Appendix B of                 operative delay, the operative date of
                                                revised Pilot implementation date, the                  the Plan relating to daily Market Maker                the proposed rule change will be the
                                                Pre-Pilot data collection period                        registration statistics, but does not                  date of filing.
                                                commenced on April 4, 2016. On                          currently include a provision requiring
                                                September 13, 2016, the SEC exempted                    the Exchange to publish such data to its               2. Statutory Basis
                                                the Participants from the requirement to                Web site.14 Interpretation and Policy .08                 The Exchange believes that its
                                                fully implement the Pilot on October 3,                 to Exchange Rule 11.27(b) provides,
                                                                                                                                                               proposal is consistent with Section 6(b)
                                                2016, to permit the Participants to                     among other things, that the
                                                                                                                                                               of the Act 17 in general, and furthers the
                                                implement the pilot on a phased-in                      requirement that Exchange or
                                                basis, as described in the Participants’                Designated Examining Authority                         objectives of Section 6(b)(5) of the Act 18
                                                exemptive request.12                                    (‘‘DEA’’) make certain data publicly                   in particular, in that it is designed to
                                                   The Plan is designed to allow the                    available on their Web site pursuant to                promote just and equitable principles of
                                                Commission, market participants, and                    Appendix B and C to the Plan shall                     trade, to foster cooperation and
                                                the public to study and assess the                      commence at the beginning of the Pilot                 coordination with persons engaged in
                                                impact of increment conventions on the                  Period.15                                              facilitating transactions in securities, to
                                                liquidity and trading of the common                        The Exchange is proposing                           remove impediments to and perfect the
                                                stock of small-capitalization companies.                amendments to Rule 11.27(b)(2)                         mechanism of a free and open market
                                                Each Participant is required to comply,                 (regarding Appendix B.I and B.II data)                 and a national market system and, in
                                                and to enforce compliance by its                        and Rule 11.27(b)(3)(C) (regarding                     general, to protect investors and the
                                                member organizations, as applicable,                    Appendix B.IV data), to provide that                   public interest.
                                                with the provisions of the Plan.                        data required to be made available on
                                                   The Exchange adopted rule                                                                                      The Exchange believes that this
                                                                                                        Exchange’s or DEA’s Web site be
                                                amendments to implement the                                                                                    proposal is consistent with the Act
                                                                                                        published within 120 calendar days
                                                requirements of the Plan, including                     following month end. The Exchange                      because it is designed to assist the
                                                relating to the Plan’s data collection                  also proposes to add a provision to Rule               Participants in meeting their regulatory
                                                requirements and requirements relating                  11.27(b)(5) to state that the Exchange                 obligations pursuant to the Plan and is
                                                to Web site data publication.13                         shall make data collected under                        in furtherance of the objectives of the
                                                Specifically, with respect to the Web                   Appendix B.III publicly available on the               Plan, as identified by the SEC. The
                                                site data publication requirements                      Exchange Web site within 120 calendar                  Exchange believes that the instant
                                                pursuant to Section VII and Appendices                  days following month end at no charge.                 proposal is consistent with the Act in
                                                B and C to the Plan, Exchange Rule                      In addition, the proposed amendments                   that it is designed to addresses
                                                11.27(b)(2) provides, among other                       to Interpretation and Policy .08 to                    confidentiality concerns by permitting
                                                things, that the Exchange shall make the                Exchange Rule 11.27(b) would provide                   the Exchange to delay Web site
                                                data required by Items I and II of                      that, notwithstanding the provisions of                publication to provide for passage of
                                                Appendix B to the Plan, and collected                   paragraphs (b)(2), (b)(3)(C), and (b)(5),              additional time between the market
                                                pursuant to paragraph (b)(2)(A) of Rule                 the Exchange and DEA shall make data                   information reflected in the data and the
                                                11.27, publicly available on the                        for the Pre-Pilot period publicly                      public availability of such information.
                                                Exchange’s Web site on a monthly basis                  available on their Web site pursuant to
                                                at no charge and shall not identify the                 Appendix B and C to the Plan by                        (B) Self-Regulatory Organization’s
                                                Trading Center that generated the data.                 February 28, 2017.16 The purpose of                    Statement on Burden on Competition
                                                Exchange Rule 11.27(b)(3)(C), provides,                 delaying the publication of the Web site
                                                                                                        data is to address confidentiality                        The Exchange does not believe that
                                                among other things, that the Exchange
                                                shall make the data required by Item IV                 concerns by providing for the passage of               the proposed rule change will result in
                                                of Appendix B to the Plan, and collected                additional time between the market                     any burden on competition that is not
                                                pursuant to paragraph (b)(3) of Rule                    information reflected in the data and the              necessary or appropriate in furtherance
                                                11.27, publicly available on the                        public availability of such information.               of the purposes of the Act. The
                                                Exchange’s Web site on a monthly basis                  The Exchange has filed the proposed                    Exchange notes that the proposed rule
                                                at no charge and shall not identify the                 rule change for immediate effectiveness                change implements the provisions of the
                                                Trading Center that generated the data.                 and has requested that the Commission                  Plan, and is designed to assist the
                                                Exchange Rule 11.27(b)(5) provides,                     waive the 30-day operative delay. If the               Participants in meeting their regulatory
                                                among other things, shall collect and                   Commission waives the 30-day                           obligations pursuant to the Plan.
                                                transmit to the Commission data                                                                                   The proposal is intended to addresses
                                                                                                          14 Section  VII.A. 4 of the Plan.
                                                                                                          15 The  Exchange understands that some Market
                                                                                                                                                               confidentiality concerns that may
                                                  11 See  Securities Exchange Act Release No. 76382
                                                                                                        Makers may utilize a DEA that is not a Participant     adversely impact competition,
                                                (November 6, 2015), 80 FR 70284 (November 13,
                                                2015).
                                                                                                        to the Plan and that their DEA would not be subject    especially for Pilot Securities that may
                                                   12 See Letter from David S. Shillman, Associate
                                                                                                        to the Plan’s data collection requirements. Exchange   have a relatively small number of
                                                                                                        rules require members that are Market Makers
                                                Director, Division of Trading and Markets,              whose DEA is not a Participant to the Plan to          designated Market Makers, by
                                                Commission, to Eric Swanson, EVP, General               transmit transaction data for Market Maker             permitting the Exchange to delay Web
                                                Counsel and Secretary, Exchange, dated September        participation and profitability calculations to
                                                13, 2016; see also Letter from Eric Swanson, EVP,                                                              site publication to provide for passage of
                                                                                                        FINRA. See paragraphs (3)(B) and (4)(B) of
                                                General Counsel and Secretary, Exchange, to Brent       Exchange Rule 11.27(b).                                additional time between the market
                                                J. Fields, Secretary, Commission, dated September                                                              information reflected in the data and the
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                                                                                                           16 With respect to data for the Pilot Period, the
                                                9, 2016.                                                requirement that the Exchange and DEA make data
                                                   13 See, e.g., Securities Exchange Act Release Nos.
                                                                                                                                                               public availability of such information.
                                                                                                        publicly available on their Web site pursuant to
                                                77418 (March 22, 2016), 81 FR 17213 (March 28,          Appendix B and C to the Plan shall continue to
                                                                                                                                                               The proposal does not alter the
                                                2016); and 78795 (September 9, 2016), 81 FR 63508       commence at the beginning of the Pilot Period.         information required to be submitted to
                                                (September 15, 2016). See also Letter from David S.     Thus, the first Web site publication date for Pilot    the SEC.
                                                Shillman, Associate Director, Division of Trading       Period data (covering October 2016) would be
                                                and Markets, Commission, to Marcia E. Asquith,          published on the Exchange’s or DEA’s Web site by
                                                                                                                                                                17 15   U.S.C. 78f(b).
                                                Senior Vice President and Corporate Secretary,          February 28, 2017, which is 120 days following the
                                                FINRA, dated February 17, 2016.                         end of October 2016.                                    18 15   U.S.C. 78f(b)(5).



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                                                                           Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices                                                 91967

                                                (C) Self-Regulatory Organization’s                      some Pilot data was scheduled to be                   available for Web site viewing and
                                                Statement on Comments on the                            published on November 30, 2016.                       printing in the Commission’s Public
                                                Proposed Rule Change Received From                      Therefore, the Commission hereby                      Reference Room, 100 F Street NE.,
                                                Members, Participants or Others                         waives the 30-day operative delay and                 Washington, DC 20549, on official
                                                  Written comments were neither                         designates the proposed rule change to                business days between the hours of
                                                solicited nor received.19                               be operative as of November 30, 2016.24               10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                           At any time within 60 days of the                  filing will also be available for
                                                III. Date of Effectiveness of the                       filing of the proposed rule change, the               inspection and copying at the principal
                                                Proposed Rule Change and Timing for                     Commission summarily may                              office of the Exchange. All comments
                                                Commission Action                                       temporarily suspend such rule change if               received will be posted without change;
                                                   Because the foregoing proposed rule                  it appears to the Commission that such                the Commission does not edit personal
                                                change does not: (i) Significantly affect               action is necessary or appropriate in the             identifying information from
                                                the protection of investors or the public               public interest, for the protection of                submissions. You should submit only
                                                interest; (ii) impose any significant                   investors, or otherwise in furtherance of             information that you wish to make
                                                burden on competition; and (iii) become                 the purposes of the Act.25 If the                     available publicly.
                                                operative for 30 days from the date on                  Commission takes such action, the                        All submissions should refer to File
                                                which it was filed, or such shorter time                Commission shall institute proceedings                No. SR–BatsBYX–2016–37 and should
                                                as the Commission may designate, it has                 to determine whether the proposed rule                be submitted on or before January 9,
                                                become effective pursuant to Section                    should be approved or disapproved.                    2017.
                                                19(b)(3)(A) 20 of the Act and Rule 19b–                 IV. Solicitation of Comments                            For the Commission, by the Division of
                                                4(f)(6) thereunder.21                                                                                         Trading and Markets, pursuant to delegated
                                                   A proposed rule change filed under                     Interested persons are invited to                   authority.26
                                                Rule 19b–4(f)(6) 22 normally does not                   submit written data, views and                        Eduardo A. Aleman,
                                                become operative prior to 30 days after                 arguments concerning the foregoing,                   Assistant Secretary.
                                                the date of the filing. However, pursuant               including whether the proposal is                     [FR Doc. 2016–30387 Filed 12–16–16; 8:45 am]
                                                to Rule 19b–4(f)(6)(iii),23 the                         consistent with the Act. Comments may                 BILLING CODE 8011–01–P
                                                Commission may designate a shorter                      be submitted by any of the following
                                                time if such action is consistent with the              methods:
                                                protection of investors and the public                  Electronic Comments                                   SECURITIES AND EXCHANGE
                                                interest. The Exchange has filed the                                                                          COMMISSION
                                                proposed rule change for immediate                        • Use the Commission’s Internet
                                                effectiveness and has requested that the                comment form (http://www.sec.gov/                     [Release No. 34–79540; File No. SR–CBOE–
                                                                                                        rules/sro.shtml); or                                  2016–082]
                                                Commission waive the requirement that
                                                the proposed rule change not become                       • Send an email to rule-comments@
                                                                                                        sec.gov. Please include File No. SR–                  Self-Regulatory Organizations;
                                                operative for 30 days after the date of                                                                       Chicago Board Options Exchange,
                                                the filing so that it may become                        BatsBYX–2016–37 on the subject line.
                                                                                                                                                              Incorporated; Notice of Filing of a
                                                operative immediately.                                  Paper Comments                                        Proposed Rule Change Related to
                                                   The Exchange notes that the proposed
                                                rule change implements the provisions                      • Send paper comments in triplicate                Rules Regarding the Responsibility for
                                                                                                        to Secretary, Securities and Exchange                 Ensuring Compliance With Open
                                                of the Plan, and is designed to assist the                                                                    Outcry Priority and Allocation
                                                Participants in meeting their regulatory                Commission, 100 F Street NE.,
                                                                                                        Washington, DC 20549–1090.                            Requirements and Trade-Through
                                                obligations pursuant to the Plan. The                                                                         Prohibitions
                                                                                                        All submissions should refer to File No.
                                                proposal is intended to address
                                                confidentiality concerns by permitting                  SR–BatsBYX–2016–37. This file number
                                                                                                                                                              December 13, 2016.
                                                the Exchange to delay Web site                          should be included on the subject line
                                                                                                                                                                 Pursuant to Section 19(b)(1) of the
                                                publication to provide for passage of                   if email is used. To help the
                                                                                                                                                              Securities Exchange Act of 1934 (the
                                                additional time between the market                      Commission process and review your
                                                                                                                                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                information reflected in the data and the               comments more efficiently, please use
                                                                                                                                                              notice is hereby given that on December
                                                public availability of such information.                only one method. The Commission will
                                                                                                                                                              1, 2016, Chicago Board Options
                                                The proposal also does not alter the                    post all comments on the Commission’s
                                                                                                                                                              Exchange, Incorporated (the ‘‘Exchange’’
                                                information required to be submitted to                 Internet Web site (http://www.sec.gov/
                                                                                                                                                              or ‘‘CBOE’’) filed with the Securities
                                                the SEC.                                                rules/sro.shtml). Copies of the
                                                                                                                                                              and Exchange Commission (the
                                                   The Commission believes that                         submission, all subsequent
                                                                                                                                                              ‘‘Commission’’) the proposed rule
                                                waiving the 30-day operative delay is                   amendments, all written statements
                                                                                                                                                              change as described in Items I, II, and
                                                consistent with the protection of                       with respect to the proposed rule
                                                                                                                                                              III below, which Items have been
                                                investors and the public interest                       change that are filed with the
                                                                                                                                                              prepared by the Exchange. The
                                                because it will allow the Exchange to                   Commission, and all written
                                                                                                                                                              Commission is publishing this notice to
                                                implement proposed changes that are                     communications relating to the
                                                                                                                                                              solicit comments on the proposed rule
                                                intended to address confidentiality                     proposed rule change between the
                                                                                                                                                              change from interested persons.
                                                concerns. The Commission notes that                     Commission and any person, other than
                                                                                                        those that may be withheld from the                   I. Self-Regulatory Organization’s
                                                                                                        public in accordance with the                         Statement of the Terms of Substance of
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                                                  19 See Letter from Mary Lou Von Kaenel,
                                                Managing Director, Financial Information Forum, to      provisions of 5 U.S.C. 552, will be                   the Proposed Rule Change
                                                David S. Shillman, Associate Director, Division of
                                                Trading and Markets, Commission, dated August                                                                    The Exchange seeks to amend
                                                                                                           24 For purposes only of waiving the operative
                                                16, 2016.                                               delay for this proposal, the Commission has
                                                                                                                                                              Exchange rules regarding
                                                  20 15 U.S.C. 78s(b)(3)(A).
                                                                                                        considered the proposed rule’s impact on
                                                  21 17 CFR 240.19b–4(f)(6).                                                                                    26 17 CFR 200.30–3(a)(12).
                                                                                                        efficiency, competition, and capital formation. See
                                                  22 17 CFR 240.19b–4(f)(6).                            15 U.S.C. 78c(f).                                       1 15 U.S.C. 78s(b)(1).
                                                  23 17 CFR 240.19b–4(f)(6)(iii)                           25 15 U.S.C. 78s(b)(3)(C).                           2 17 CFR 240.19b–4.




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Document Created: 2016-12-17 03:15:21
Document Modified: 2016-12-17 03:15:21
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 91965 

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