81_FR_92236 81 FR 91993 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 11.21(b) Regarding the Data Collection Requirements of the Regulation NMS Plan To Implement a Tick Size Pilot Program

81 FR 91993 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 11.21(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 Range91993-91995
FR Document2016-30389

Federal Register, Volume 81 Issue 243 (Monday, December 19, 2016)
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91993-91995]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30389]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79536; File No. SR-BatsEDGA-2016-30]


Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend Exchange Rule 11.21(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 EDGA Exchange, Inc. (the ``Exchange'' 
or ``EDGA'') 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 11.21(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 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 11.21(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 11.21, 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 11.21(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 11.21, 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 11.21(b)(5) provides,

[[Page 91994]]

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 11.21(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. 77417 
(March 22, 2016), 81 FR 17219 (March 28, 2016); and 78799 (September 
9, 2016), 81 FR 63549 (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 11.21(b).
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    The Exchange is proposing amendments to Rule 11.21(b)(2) (regarding 
Appendix B.I and B.II data) and Rule 11.21(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 11.21(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 
11.21(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 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.

(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 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 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.

(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.
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    \22\ 17 CFR 240.19b-4(f)(6).
    \23\ 17 CFR 240.19b-4(f)(6)(iii).
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    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

[[Page 91995]]

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).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.\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).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the 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-BatsEDGA-2016-30 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-BatsEDGA-2016-30. 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-BatsEDGA-2016-30 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. 2016-30389 Filed 12-16-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices                                                    91993

                                                provisions of 5 U.S.C. 552, will be                     solicit comments on the proposed rule                 November 6, 2015, the SEC exempted
                                                available for Web site viewing and                      change from interested persons.                       the Participants from implementing the
                                                printing in the Commission’s Public                                                                           Pilot until October 3, 2016.11 Under the
                                                                                                        I. Self-Regulatory Organization’s
                                                Reference Room, 100 F Street NE.,                                                                             revised Pilot implementation date, the
                                                                                                        Statement of the Terms of Substance of
                                                Washington, DC 20549, on official                                                                             Pre-Pilot data collection period
                                                                                                        the Proposed Rule Change
                                                business days between the hours of                                                                            commenced on April 4, 2016. On
                                                10:00 a.m. and 3:00 p.m. Copies of such                    The Exchange filed a proposal to                   September 13, 2016, the SEC exempted
                                                filing will also be available for                       amend Exchange Rule 11.21(b)                          the Participants from the requirement to
                                                inspection and copying at the principal                 regarding the data collection                         fully implement the Pilot on October 3,
                                                office of the Exchange. All comments                    requirements of the Regulation NMS                    2016, to permit the Participants to
                                                received will be posted without change;                 Plan to Implement a Tick Size Pilot                   implement the pilot on a phased-in
                                                the Commission does not edit personal                   Program (‘‘Plan’’).                                   basis, as described in the Participants’
                                                identifying information from                               The text of the proposed rule change               exemptive request.12
                                                submissions. You should submit only                     is available at the Exchange’s Web site                  The Plan is designed to allow the
                                                information that you wish to make                       at www.batstrading.com, at the                        Commission, market participants, and
                                                available publicly. All submissions                     principal office of the Exchange, and at              the public to study and assess the
                                                should refer to File No. SR–BatsBZX–                    the Commission’s Public Reference                     impact of increment conventions on the
                                                2016–82 and should be submitted on or                   Room.                                                 liquidity and trading of the common
                                                before January 9, 2017.                                 II. Self-Regulatory Organization’s                    stock of small-capitalization companies.
                                                                                                        Statement of the Purpose of, and                      Each Participant is required to comply,
                                                  For the Commission, by the Division of                                                                      and to enforce compliance by its
                                                Trading and Markets, pursuant to delegated              Statutory Basis for, the Proposed Rule
                                                authority.26                                            Change                                                member organizations, as applicable,
                                                                                                                                                              with the provisions of the Plan.
                                                Eduardo A. Aleman,                                         In its filing with the Commission, the                The Exchange adopted rule
                                                Assistant Secretary.                                    Exchange included statements                          amendments to implement the
                                                [FR Doc. 2016–30386 Filed 12–16–16; 8:45 am]            concerning the purpose of and basis for               requirements of the Plan, including
                                                BILLING CODE 8011–01–P                                  the proposed rule change and discussed                relating to the Plan’s data collection
                                                                                                        any comments it received on the                       requirements and requirements relating
                                                                                                        proposed rule change. The text of these               to Web site data publication.13
                                                SECURITIES AND EXCHANGE                                 statements may be examined at the                     Specifically, with respect to the Web
                                                COMMISSION                                              places specified in Item IV below. The                site data publication requirements
                                                                                                        Exchange has prepared summaries, set                  pursuant to Section VII and Appendices
                                                [Release No. 34–79536; File No. SR–                     forth in Sections A, B, and C below, of               B and C to the Plan, Exchange Rule
                                                BatsEDGA–2016–30]                                       the most significant parts of such                    11.21(b)(2) provides, among other
                                                                                                        statements.                                           things, that the Exchange shall make the
                                                Self-Regulatory Organizations; Bats                                                                           data required by Items I and II of
                                                                                                        (A) Self-Regulatory Organization’s
                                                EDGA Exchange, Inc.; Notice of Filing                                                                         Appendix B to the Plan, and collected
                                                                                                        Statement of the Purpose of, and
                                                and Immediate Effectiveness of a                                                                              pursuant to paragraph (b)(2)(A) of Rule
                                                                                                        Statutory Basis for, the Proposed Rule
                                                Proposed Rule Change To Amend                                                                                 11.21, publicly available on the
                                                                                                        Change
                                                Exchange Rule 11.21(b) Regarding the                                                                          Exchange’s Web site on a monthly basis
                                                Data Collection Requirements of the                     1. Purpose                                            at no charge and shall not identify the
                                                Regulation NMS Plan To Implement a                         On August 25, 2014, the Exchange,                  Trading Center that generated the data.
                                                Tick Size Pilot Program                                 and several other self-regulatory                     Exchange Rule 11.21(b)(3)(C), provides,
                                                December 13, 2016.                                      organizations (the ‘‘Participants’’) filed            among other things, that the Exchange
                                                                                                        with the Commission, pursuant to                      shall make the data required by Item IV
                                                   Pursuant to Section 19(b)(1) of the                  Section 11A of the Act 5 and Rule 608                 of Appendix B to the Plan, and collected
                                                Securities Exchange Act of 1934 (the                    of Regulation NMS thereunder,6 the                    pursuant to paragraph (b)(3) of Rule
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  Plan to Implement a Tick Size Pilot                   11.21, publicly available on the
                                                notice is hereby given that on November                 Program.7 The Participants filed the                  Exchange’s Web site on a monthly basis
                                                30, 2016, Bats EDGA Exchange, Inc. (the                 Plan to comply with an order issued by                at no charge and shall not identify the
                                                ‘‘Exchange’’ or ‘‘EDGA’’) filed with the                the Commission on June 24, 2014.8 The                 Trading Center that generated the data.
                                                Securities and Exchange Commission                      Plan was published for comment in the                 Exchange Rule 11.21(b)(5) provides,
                                                (‘‘Commission’’) the proposed rule                      Federal Register on November 7, 2014,
                                                change as described in Items I and II                   and approved by the Commission, as                       11 See Securities Exchange Act Release No. 76382

                                                below, which Items have been prepared                   modified, on May 6, 2015.9 The                        (November 6, 2015), 80 FR 70284 (November 13,
                                                by the Exchange. The Exchange has                                                                             2015).
                                                                                                        Commission approved the Pilot on a                       12 See Letter from David S. Shillman, Associate
                                                designated this proposal as a ‘‘non-                    two-year basis, with implementation to                Director, Division of Trading and Markets,
                                                controversial’’ proposed rule change                    begin no later than May 6, 2016.10 On                 Commission, to Eric Swanson, EVP, General
                                                pursuant to Section 19(b)(3)(A) of the                                                                        Counsel and Secretary, Exchange, dated September
                                                Act 3 and Rule 19b–4(f)(6)(iii)                           5 15                                                13, 2016; see also Letter from Eric Swanson, EVP,
                                                                                                                U.S.C. 78k–1.
                                                                                                                                                              General Counsel and Secretary, Exchange, to Brent
                                                thereunder,4 which renders it effective                   6 17  CFR 242.608.                                  J. Fields, Secretary, Commission, dated September
sradovich on DSK3GMQ082PROD with NOTICES




                                                upon filing with the Commission. The                       7 See Letter from Brendon J. Weiss, Vice
                                                                                                                                                              9, 2016.
                                                Commission is publishing this notice to                 President, Intercontinental Exchange, Inc., to           13 See, e.g., Securities Exchange Act Release Nos.
                                                                                                        Secretary, Commission, dated August 25, 2014.         77417 (March 22, 2016), 81 FR 17219 (March 28,
                                                                                                           8 See Securities Exchange Act Release No 72460
                                                  26 17                                                                                                       2016); and 78799 (September 9, 2016), 81 FR 63549
                                                        CFR 200.30–3(a)(12).                            (June 24, 2014), 79 FR 36840 (June 30, 2014).
                                                  1 15
                                                                                                                                                              (September 15, 2016). See also Letter from David S.
                                                       U.S.C. 78s(b)(1).                                   9 See Securities Exchange Act Release No. 74892
                                                                                                                                                              Shillman, Associate Director, Division of Trading
                                                  2 17 CFR 240.19b–4.
                                                                                                        (May 6, 2015), 80 FR 27513 (May 13, 2015)             and Markets, Commission, to Marcia E. Asquith,
                                                  3 15 U.S.C. 78s(b)(3)(A).                             (‘‘Approval Order’’).                                 Senior Vice President and Corporate Secretary,
                                                  4 17 CFR 240.19b–4(f)(6)(iii).                           10 See Approval Order at 27533 and 27545.          FINRA, dated February 17, 2016.



                                           VerDate Sep<11>2014   20:55 Dec 16, 2016   Jkt 241001   PO 00000   Frm 00094   Fmt 4703   Sfmt 4703   E:\FR\FM\19DEN1.SGM   19DEN1


                                                91994                      Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices

                                                among other things, shall collect and                   waive the 30-day operative delay. If the                (C) Self-Regulatory Organization’s
                                                transmit to the Commission data                         Commission waives the 30-day                            Statement on Comments on the
                                                described in Item III of Appendix B of                  operative delay, the operative date of                  Proposed Rule Change Received From
                                                the Plan relating to daily Market Maker                 the proposed rule change will be the                    Members, Participants or Others
                                                registration statistics, but does not                   date of filing.                                           Written comments were neither
                                                currently include a provision requiring                                                                         solicited nor received.19
                                                the Exchange to publish such data to its                2. Statutory Basis
                                                Web site.14 Interpretation and Policy .08                                                                       III. Date of Effectiveness of the
                                                                                                           The Exchange believes that its
                                                to Exchange Rule 11.21(b) provides,                                                                             Proposed Rule Change and Timing for
                                                                                                        proposal is consistent with Section 6(b)
                                                among other things, that the                                                                                    Commission Action
                                                                                                        of the Act 17 in general, and furthers the
                                                requirement that Exchange or                            objectives of Section 6(b)(5) of the Act 18                Because the foregoing proposed rule
                                                Designated Examining Authority                          in particular, in that it is designed to                change does not: (i) Significantly affect
                                                (‘‘DEA’’) make certain data publicly                    promote just and equitable principles of                the protection of investors or the public
                                                available on their Web site pursuant to                 trade, to foster cooperation and                        interest; (ii) impose any significant
                                                Appendix B and C to the Plan shall                      coordination with persons engaged in                    burden on competition; and (iii) become
                                                commence at the beginning of the Pilot                  facilitating transactions in securities, to             operative for 30 days from the date on
                                                Period.15                                               remove impediments to and perfect the                   which it was filed, or such shorter time
                                                   The Exchange is proposing                                                                                    as the Commission may designate, it has
                                                                                                        mechanism of a free and open market
                                                amendments to Rule 11.21(b)(2)                                                                                  become effective pursuant to Section
                                                                                                        and a national market system and, in
                                                (regarding Appendix B.I and B.II data)                                                                          19(b)(3)(A) 20 of the Act and Rule 19b–
                                                                                                        general, to protect investors and the
                                                and Rule 11.21(b)(3)(C) (regarding                                                                              4(f)(6) thereunder.21
                                                Appendix B.IV data), to provide that                    public interest.
                                                                                                                                                                   A proposed rule change filed under
                                                data required to be made available on                      The Exchange believes that this                      Rule 19b–4(f)(6) 22 normally does not
                                                Exchange’s or DEA’s Web site be                         proposal is consistent with the Act                     become operative prior to 30 days after
                                                published within 120 calendar days                      because it is designed to assist the                    the date of the filing. However, pursuant
                                                following month end. The Exchange                       Participants in meeting their regulatory                to Rule 19b–4(f)(6)(iii),23 the
                                                also proposes to add a provision to Rule                obligations pursuant to the Plan and is                 Commission may designate a shorter
                                                11.21(b)(5) to state that the Exchange                  in furtherance of the objectives of the                 time if such action is consistent with the
                                                shall make data collected under                         Plan, as identified by the SEC. The                     protection of investors and the public
                                                Appendix B.III publicly available on the                Exchange believes that the instant                      interest. The Exchange has filed the
                                                Exchange Web site within 120 calendar                   proposal is consistent with the Act in                  proposed rule change for immediate
                                                days following month end at no charge.                  that it is designed to address                          effectiveness and has requested that the
                                                In addition, the proposed amendments                    confidentiality concerns by permitting                  Commission waive the requirement that
                                                to Interpretation and Policy .08 to                     the Exchange to delay Web site                          the proposed rule change not become
                                                Exchange Rule 11.21(b) would provide                    publication to provide for passage of                   operative for 30 days after the date of
                                                that, notwithstanding the provisions of                 additional time between the market                      the filing so that it may become
                                                paragraphs (b)(2), (b)(3)(C), and (b)(5),               information reflected in the data and the               operative immediately.
                                                the Exchange and DEA shall make data                    public availability of such information.                   The Exchange notes that the proposed
                                                for the Pre-Pilot period publicly                                                                               rule change implements the provisions
                                                available on their Web site pursuant to                 (B) Self-Regulatory Organization’s
                                                                                                                                                                of the Plan, and is designed to assist the
                                                Appendix B and C to the Plan by                         Statement on Burden on Competition
                                                                                                                                                                Participants in meeting their regulatory
                                                February 28, 2017.16 The purpose of                        The Exchange does not believe that                   obligations pursuant to the Plan. The
                                                delaying the publication of the Web site                the proposed rule change will result in                 proposal is intended to address
                                                data is to address confidentiality                      any burden on competition that is not                   confidentiality concerns by permitting
                                                concerns by providing for the passage of                necessary or appropriate in furtherance                 the Exchange to delay Web site
                                                additional time between the market                      of the purposes of the Act. The                         publication to provide for passage of
                                                information reflected in the data and the               Exchange notes that the proposed rule                   additional time between the market
                                                public availability of such information.                change implements the provisions of the                 information reflected in the data and the
                                                The Exchange has filed the proposed                     Plan, and is designed to assist the                     public availability of such information.
                                                rule change for immediate effectiveness                 Participants in meeting their regulatory                The proposal also does not alter the
                                                and has requested that the Commission                   obligations pursuant to the Plan.                       information required to be submitted to
                                                                                                                                                                the SEC.
                                                  14 Section  VII.A. 4 of the Plan.                        The proposal is intended to address                     The Commission believes that
                                                  15 The  Exchange understands that some Market         confidentiality concerns that may                       waiving the 30-day operative delay is
                                                Makers may utilize a DEA that is not a Participant      adversely impact competition,
                                                to the Plan and that their DEA would not be subject
                                                                                                                                                                consistent with the protection of
                                                to the Plan’s data collection requirements. Exchange
                                                                                                        especially for Pilot Securities that may                investors and the public interest
                                                rules require members that are Market Makers            have a relatively small number of                       because it will allow the Exchange to
                                                whose DEA is not a Participant to the Plan to           designated Market Makers, by                            implement proposed changes that are
                                                transmit transaction data for Market Maker              permitting the Exchange to delay Web
                                                participation and profitability calculations to                                                                 intended to address confidentiality
                                                FINRA. See paragraphs (3)(B) and (4)(B) of              site publication to provide for passage of              concerns. The Commission notes that
                                                Exchange Rule 11.21(b).                                 additional time between the market
                                                                                                        information reflected in the data and the
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                                                   16 With respect to data for the Pilot Period, the
                                                                                                                                                                  19 See Letter from Mary Lou Von Kaenel,
                                                requirement that the Exchange and DEA make data         public availability of such information.                Managing Director, Financial Information Forum, to
                                                publicly available on their Web site pursuant to                                                                David S. Shillman, Associate Director, Division of
                                                Appendix B and C to the Plan shall continue to          The proposal does not alter the
                                                                                                                                                                Trading and Markets, Commission, dated August
                                                commence at the beginning of the Pilot Period.          information required to be submitted to                 16, 2016.
                                                Thus, the first Web site publication date for Pilot     the SEC.                                                  20 15 U.S.C. 78s(b)(3)(A).
                                                Period data (covering October 2016) would be
                                                                                                                                                                  21 17 CFR 240.19b–4(f)(6).
                                                published on the Exchange’s or DEA’s Web site by
                                                                                                          17 15   U.S.C. 78f(b).                                  22 17 CFR 240.19b–4(f)(6).
                                                February 28, 2017, which is 120 days following the
                                                end of October 2016.                                      18 15   U.S.C. 78f(b)(5).                               23 17 CFR 240.19b–4(f)(6)(iii).




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                                                                           Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices                                                  91995

                                                some Pilot data was scheduled to be                     available for Web site viewing and                     unless it displays a currently valid
                                                published on November 30, 2016.                         printing in the Commission’s Public                    control number.
                                                Therefore, the Commission hereby                        Reference Room, 100 F Street NE.,                        The public may view the background
                                                waives the 30-day operative delay and                   Washington, DC 20549, on official                      documentation for this information
                                                designates the proposed rule change to                  business days between the hours of                     collection at the following Web site,
                                                be operative as of November 30, 2016.24                 10:00 a.m. and 3:00 p.m. Copies of such                www.reginfo.gov. Comments should be
                                                   At any time within 60 days of the                    filing will also be available for                      directed to: (i) Desk Officer for the
                                                filing of the proposed rule change, the                 inspection and copying at the principal                Securities and Exchange Commission,
                                                Commission summarily may                                office of the Exchange. All comments                   Office of Information and Regulatory
                                                temporarily suspend such rule change if                 received will be posted without change;                Affairs, Office of Management and
                                                it appears to the Commission that such                  the Commission does not edit personal                  Budget, Room 10102, New Executive
                                                action is necessary or appropriate in the               identifying information from                           Office Building, Washington, DC 20503,
                                                public interest, for the protection of                  submissions. You should submit only                    or by sending an email to: Shagufta_
                                                investors, or otherwise in furtherance of               information that you wish to make                      Ahmed@omb.eop.gov; and (ii) Pamela
                                                the purposes of the Act.25 If the                       available publicly. All submissions                    Dyson, Director/Chief Information
                                                Commission takes such action, the                       should refer to File No. SR–BatsEDGA–                  Officer, Securities and Exchange
                                                Commission shall institute proceedings                  2016–30 and should be submitted on or                  Commission, c/o Remi Pavlik-Simon,
                                                to determine whether the proposed rule                  before January 9, 2017.                                100 F Street NE., Washington, DC 20549
                                                should be approved or disapproved.                        For the Commission, by the Division of               or send an email to: PRA_Mailbox@
                                                IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated             sec.gov. Comments must be submitted to
                                                                                                        authority.26                                           OMB within 30 days of this notice.
                                                  Interested persons are invited to                     Eduardo A. Aleman,
                                                submit written data, views and                                                                                   Dated: December 6, 2016.
                                                                                                        Assistant Secretary.                                   Brent J. Fields,
                                                arguments concerning the foregoing,
                                                                                                        [FR Doc. 2016–30389 Filed 12–16–16; 8:45 am]
                                                including whether the proposal is                                                                              Secretary.
                                                consistent with the Act. Comments may                   BILLING CODE 8011–01–P
                                                                                                                                                               [FR Doc. 2016–30377 Filed 12–16–16; 8:45 am]
                                                be submitted by any of the following                                                                           BILLING CODE 8011–01–P
                                                methods:
                                                                                                        SECURITIES AND EXCHANGE
                                                Electronic Comments                                     COMMISSION
                                                  • Use the Commission’s Internet                                                                              SMALL BUSINESS ADMINISTRATION
                                                                                                        Submission for OMB Review;
                                                comment form (http://www.sec.gov/                                                                              Surrender of License of Small
                                                                                                        Comment Request
                                                rules/sro.shtml); or                                                                                           Business Investment Company
                                                  • Send an email to rule-comments@                     Upon Written Request Copies Available
                                                sec.gov. Please include File No. SR–                     From: Securities and Exchange                            Pursuant to the authority granted to
                                                BatsEDGA–2016–30 on the subject line.                    Commission, Office of FOIA Services,                  the United States Small Business
                                                Paper Comments                                           100 F Street NE., Washington, DC                      Administration under the Small
                                                                                                         20549–2736.                                           Business Investment Act of 1958, under
                                                  • Send paper comments in triplicate                                                                          Section 309 of the Act and Section
                                                                                                        Extension:
                                                to Secretary, Securities and Exchange                     Regulation C, SEC File No. 270–68, OMB               107.1900 of the Small Business
                                                Commission, 100 F Street NE.,                               Control No. 3235–0074.                             Administration Rules and Regulations
                                                Washington, DC 20549–1090.                                                                                     (13 CFR 107.1900) to function as a small
                                                                                                           Notice is hereby given that, pursuant
                                                All submissions should refer to File No.                                                                       business investment company under the
                                                                                                        to the Paperwork Reduction Act of 1995
                                                SR–BatsEDGA–2016–30. This file                                                                                 Small business Investment Company
                                                                                                        (44 U.S.C. 3501 et seq.), the Securities
                                                number should be included on the                        and Exchange Commission                                License No. 01/71–0383 issued to
                                                subject line if email is used. To help the              (‘‘Commission’’) has submitted to the                  Marketing 1 to 1 Ventures, LP., said
                                                Commission process and review your                      Office of Management and Budget this                   license is hereby declared null and void.
                                                comments more efficiently, please use                   request for extension of the previously                United States Small Business
                                                only one method. The Commission will                    approved collection of information                     Administration.
                                                post all comments on the Commission’s                   discussed below.                                         Dated: December 7, 2016.
                                                Internet Web site (http://www.sec.gov/                     Regulation C (17 CFR 230.400 through                Mark L. Walsh,
                                                rules/sro.shtml). Copies of the                         230.498) under the Securities Act of
                                                submission, all subsequent                                                                                     Associate Administrator for Investment.
                                                                                                        1933 (15 U.S.C. 77a et seq.) provides
                                                amendments, all written statements                                                                             [FR Doc. 2016–30369 Filed 12–16–16; 8:45 am]
                                                                                                        standard instructions for persons filing
                                                with respect to the proposed rule                       registration statements under the                      BILLING CODE 8025–01–P
                                                change that are filed with the                          Securities Act. The information
                                                Commission, and all written                             collected is intended to ensure the
                                                communications relating to the                                                                                 SMALL BUSINESS ADMINISTRATION
                                                                                                        adequacy of information available to
                                                proposed rule change between the                        investors. The information provided is                 Reporting and Recordkeeping
                                                Commission and any person, other than                   mandatory. Regulation C is assigned one                Requirements Under OMB Review
                                                those that may be withheld from the                     burden hour for administrative
                                                public in accordance with the
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                                                                                                        convenience because it does not directly               AGENCY: Small Business Administration.
                                                provisions of 5 U.S.C. 552, will be                     impose information collection                          ACTION: Notice of 30 day Reporting
                                                                                                        requirements.                                          Requirements Submitted for OMB
                                                   24 For purposes only of waiving the operative
                                                                                                           An agency may not conduct or                        Review.
                                                delay for this proposal, the Commission has
                                                considered the proposed rule’s impact on
                                                                                                        sponsor, and a person is not required to
                                                efficiency, competition, and capital formation. See     respond to, a collection of information                SUMMARY:  Under the provisions of the
                                                15 U.S.C. 78c(f).                                                                                              Paperwork Reduction Act, agencies are
                                                   25 15 U.S.C. 78s(b)(3)(C).                             26 17   CFR 200.30–3(a)(12).                         required to submit proposed reporting


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Document Created: 2016-12-17 03:15:31
Document Modified: 2016-12-17 03:15:31
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 91993 

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