81_FR_93965 81 FR 93720 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Rule 4554 Reporting Requirements for Alternative Trading Systems

81 FR 93720 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Rule 4554 Reporting Requirements for Alternative Trading Systems

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 245 (December 21, 2016)

Page Range93720-93722
FR Document2016-30689

Federal Register, Volume 81 Issue 245 (Wednesday, December 21, 2016)
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Notices]
[Pages 93720-93722]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30689]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79570; File No. SR-FINRA-2016-045]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to Rule 4554 Reporting Requirements for 
Alternative Trading Systems

December 15, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on December 8, 2016, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission (``SEC'' 
or ``Commission'') the proposed rule change as described in Items I, 
II, and III below, which Items have been prepared by FINRA. FINRA has 
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under 
the Act,\3\ which renders the proposal effective upon receipt of this 
filing by the Commission.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    FINRA is proposing to amend Rule 4554 to require alternative 
trading systems (``ATSs'') to submit additional order information to 
FINRA.
    The text of the proposed rule change is available on FINRA's Web 
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA has prepared summaries, set forth in sections A, 
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    FINRA proposes to amend Rule 4554 (Alternative Trading Systems--
Recording and Reporting Requirements of Order and Execution Information 
for NMS Stocks) to require ATSs to provide additional order sequence 
information on reports submitted to the Order Audit Trail System 
(``OATS''). In May 2016, the SEC approved Rule 4554 to further enhance 
FINRA's ability to reconstruct an ATS's order book and better perform 
its order-based surveillance, which includes surveillance for layering, 
quote spoofing and mid-point pricing manipulation. To accomplish this, 
Rule 4554 requires ATSs to report order information for each order they 
receive in an NMS stock beyond that set forth in the OATS rules, such 
as order re-pricing events (e.g., changes to an order that is pegged to 
the National Best Bid or Offer (``NBBO'')) and order display and 
reserve size information.\4\ Rule 4554 sets forth four categories of 
reporting requirements: (1) Data to be reported by all ATSs at the time 
of order receipt; (2) data to be reported by all ATSs at the time of 
order execution; (3) data to be reported by ATSs that display 
subscriber orders; and (4) data specific to ATSs that are registered as 
ADF Trading Centers.
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    \4\ See Securities Exchange Act Release No. 77798 (May 10, 
2016), 81 FR 30395 (May 16, 2016) (SR-FINRA-2016-010). With the 
exception of the requirement for ATSs to report sequence numbers, 
Rule 4554 was implemented on November 7, 2016. See Regulatory Notice 
16-28 (August 2016). FINRA delayed the implementation for the 
requirement to report sequence numbers until the requirement could 
be extended to apply to all OATS reports. See Securities Exchange 
Act Release No. 79289 (November 10, 2016), 81 FR 81202 (November 17, 
2016) (Notice of Filing and Immediate Effectiveness of SR-FINRA-
2016-041).
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    Rule 4554(b) requires that all ATSs report eight categories of 
information at the time of order receipt, including the sequence number 
assigned to the order event by the ATS's matching engine.\5\

[[Page 93721]]

After further evaluation of the need for the sequence number in other 
order events, FINRA proposes to amend this requirement to require ATSs 
to report a sequence number for all OATS event types, not just for 
order receipt, including reports for the execution of an order or the 
routing of an order away from the ATS.\6\ FINRA is proposing to extend 
the requirement to report a sequence number beyond order receipt 
because, without a sequence number on all order events, FINRA is unable 
to properly sequence events when a single ATS MPID reports order events 
in the same symbol with identical timestamps.\7\ Requiring ATSs to 
report a sequence number for all OATS order events, rather than just 
order receipt, will further enable FINRA to properly sequence order 
events within an ATS, which will allow FINRA to more fully reconstruct 
an ATS's order book and better perform order-based surveillance, 
including surveillance for layering, quote spoofing and mid-point 
pricing manipulation.
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    \5\ Rule 4554(b)(8). Rule 4554(b) also requires all ATSs, at the 
time of order receipt, to report: (1) Whether the ATS displays 
subscriber orders outside of the ATS and, if the ATS displays 
subscriber orders outside of the ATS, whether subscriber orders are 
displayed to subscribers only, or are distributed for publication in 
the consolidated quotation data; (2) whether the ATS is an ADF 
Trading Center as defined in FINRA Rule 6220; (3) whether the order 
can be routed away from the ATS for execution; (4) whether there are 
any counter-party restrictions on the order; (5) a unique identifier 
representing the specific order type other than market and limit 
orders that have no other special handling instructions; (6) the 
NBBO (or relevant reference price) in effect at the time of order 
receipt and the timestamp of when the ATS captured the effective 
NBBO (or relevant reference price); and (7) the market data feed the 
ATS used to obtain the NBBO (or relevant reference price).
    \6\ FINRA is proposing to move the provision into a separate 
paragraph to reflect this change.
    \7\ The occurrence of identical timestamps in these 
circumstances is not infrequent. For example, on a recent reporting 
day, over 13% of ATS order events within a single ATS MPID and 
symbol contained an identical timestamp.
---------------------------------------------------------------------------

    FINRA notes that the expansion of the requirement to report a 
sequence number with all order events mirrors the proposed requirement 
from Regulatory Notice 14-51. As discussed in the filing for SR-FINRA-
2016-010, FINRA initially solicited comment on the proposal for ATSs to 
report order information to OATS in Regulatory Notice 14-51.\8\ As part 
of the proposal set forth in the Regulatory Notice, ATSs exceeding the 
proposed volume threshold would have been required to report certain 
order information and ``would provide, for every order, the ATS book 
sequence identifier and the associated OATS identifier, which would 
link information about that order to the related information and full 
lifecycle reported to OATS.'' \9\ None of the commenters on that 
proposal specifically addressed the provision of sequence numbers on 
order reports.
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    \8\ See Securities Exchange Act Release No. 77269 (March 1, 
2016), 81 FR 11851, 11854-55 (March 7, 2016).
    \9\ Regulatory Notice 14-51. The volume threshold proposed in 
the Regulatory Notice was removed as part of the proposed rule 
change approved by the Commission. See Securities Exchange Act 
Release No. 77269 (March 1, 2016), 81 FR 11851, 11854-55 (March 7, 
2016).
---------------------------------------------------------------------------

    In response to a comment on the proposed rule change filed with the 
Commission, FINRA clarified that it was not mandating a particular or 
uniform format by which ATSs must report sequence numbers and that 
reporting sequence numbers as they currently exist in an ATS will 
satisfy the requirement.\10\ The same clarification is true with the 
expansion of the requirement beyond reporting order receipt (i.e., an 
ATS may report all sequence numbers as they currently exist in the ATS 
rather than in a particular or uniform format).
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 77798 (May 10, 
2016), 81 FR 30395, 30397 (May 16, 2016).
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    FINRA has filed the proposed rule change for immediate 
effectiveness. FINRA will announce the implementation date of the 
proposed rule change no later than 30 days following Commission notice 
of the filing of the proposed rule change for immediate effectiveness. 
The implementation date will be no later than 145 days after the date 
of the filing.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\11\ which requires, among 
other things, that FINRA rules must be designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest, and Section 15A(b)(9) of the Act,\12\ which requires 
that FINRA rules not impose any burden on competition that is not 
necessary or appropriate. FINRA believes that this proposed rule change 
is consistent with the Act because requiring sequence numbers on all 
OATS reports will further enhance FINRA's ability to surveil activity 
occurring within an ATS by providing FINRA with additional information 
that can be integrated into FINRA's surveillance patterns to support 
alert generation and analysis.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78o-3(b)(6).
    \12\ 15 U.S.C. 78o-3(b)(9).
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B. Self-Regulatory Organization's Statement on Burden on Competition
    FINRA 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 proposed changes will apply 
equally to all similarly situated ATSs. FINRA also notes that the 
proposed rule change is designed to assist FINRA in meeting its 
regulatory obligations by enhancing its ability to efficiently surveil 
activity occurring within ATSs and across markets. FINRA believes that, 
because ATSs are already required to include sequence numbers on new 
order reports pursuant to Rule 4554 as approved by the Commission, 
including sequence numbers on additional order events will not be 
overly burdensome.
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.

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) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-FINRA-2016-045 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2016-045. This 
file

[[Page 93722]]

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 also will be available 
for inspection and copying at the principal office of FINRA. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-FINRA-2016-045, and should 
be submitted on or before January 11, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-30689 Filed 12-20-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    93720                    Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices

                                                       The Exchange now seeks to extend                     SECURITIES AND EXCHANGE                                A. Self-Regulatory Organization’s
                                                    the exemption until June 30, 2017.5 The                 COMMISSION                                             Statement of the Purpose of, and
                                                    Exchange’s request was made in                                                                                 Statutory Basis for, the Proposed Rule
                                                    conjunction with an immediately                         [Release No. 34–79570; File No. SR–FINRA–              Change
                                                    effective filing that extends the                       2016–045]                                              1. Purpose
                                                    operation of the Program through the
                                                                                                                                                                      FINRA proposes to amend Rule 4554
                                                    same date.6 In its request to extend the                Self-Regulatory Organizations;
                                                                                                                                                                   (Alternative Trading Systems—
                                                    exemption, the Exchange notes that the                  Financial Industry Regulatory
                                                                                                                                                                   Recording and Reporting Requirements
                                                    participation in the Program has                        Authority, Inc.; Notice of Filing and                  of Order and Execution Information for
                                                    increased more recently. Accordingly,                   Immediate Effectiveness of a Proposed                  NMS Stocks) to require ATSs to provide
                                                    the Exchange has asked for additional                   Rule Change Relating to Rule 4554                      additional order sequence information
                                                    time to allow itself and the Commission                 Reporting Requirements for                             on reports submitted to the Order Audit
                                                    to analyze more robust data concerning                  Alternative Trading Systems                            Trail System (‘‘OATS’’). In May 2016,
                                                    the Program, which the Exchange                                                                                the SEC approved Rule 4554 to further
                                                                                                            December 15, 2016.
                                                    committed to provide to the                                                                                    enhance FINRA’s ability to reconstruct
                                                    Commission.7 For this reason and the                       Pursuant to Section 19(b)(1) of the                 an ATS’s order book and better perform
                                                    reasons stated in the Order originally                  Securities Exchange Act of 1934                        its order-based surveillance, which
                                                    granting the limited exemption, the                     (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                includes surveillance for layering, quote
                                                    Commission finds that extending the                     notice is hereby given that on December                spoofing and mid-point pricing
                                                    exemption, pursuant to its authority                    8, 2016, Financial Industry Regulatory                 manipulation. To accomplish this, Rule
                                                    under Rule 612(c) of Regulation NMS, is                 Authority, Inc. (‘‘FINRA’’) filed with the             4554 requires ATSs to report order
                                                    appropriate in the public interest and                  Securities and Exchange Commission                     information for each order they receive
                                                    consistent with the protection of                       (‘‘SEC’’ or ‘‘Commission’’) the proposed               in an NMS stock beyond that set forth
                                                    investors.                                              rule change as described in Items I, II,               in the OATS rules, such as order re-
                                                                                                            and III below, which Items have been                   pricing events (e.g., changes to an order
                                                       Therefore, it is hereby ordered that,                                                                       that is pegged to the National Best Bid
                                                    pursuant to Rule 612(c) of Regulation                   prepared by FINRA. FINRA has
                                                                                                                                                                   or Offer (‘‘NBBO’’)) and order display
                                                    NMS, the Exchange is granted a limited                  designated the proposed rule change as
                                                                                                                                                                   and reserve size information.4 Rule 4554
                                                    exemption from Rule 612 of Regulation                   constituting a ‘‘non-controversial’’ rule
                                                                                                                                                                   sets forth four categories of reporting
                                                    NMS that allows it to accept and rank                   change under paragraph (f)(6) of Rule                  requirements: (1) Data to be reported by
                                                    orders priced equal to or greater than                  19b–4 under the Act,3 which renders                    all ATSs at the time of order receipt; (2)
                                                    $1.00 per share in increments of $0.001,                the proposal effective upon receipt of                 data to be reported by all ATSs at the
                                                    in connection with the operation of its                 this filing by the Commission.                         time of order execution; (3) data to be
                                                    Retail Liquidity Program, until June 30,                I. Self-Regulatory Organization’s                      reported by ATSs that display
                                                    2017.                                                   Statement of the Terms of the Substance                subscriber orders; and (4) data specific
                                                                                                            of the Proposed Rule Change                            to ATSs that are registered as ADF
                                                       The limited and temporary exemption
                                                                                                                                                                   Trading Centers.
                                                    extended by this Order is subject to                                                                              Rule 4554(b) requires that all ATSs
                                                    modification or revocation if at any time                  FINRA is proposing to amend Rule
                                                                                                            4554 to require alternative trading                    report eight categories of information at
                                                    the Commission determines that such                                                                            the time of order receipt, including the
                                                    action is necessary or appropriate in                   systems (‘‘ATSs’’) to submit additional
                                                                                                            order information to FINRA.                            sequence number assigned to the order
                                                    furtherance of the purposes of the                                                                             event by the ATS’s matching engine.5
                                                    Securities Exchange Act of 1934.                           The text of the proposed rule change
                                                    Responsibility for compliance with any                  is available on FINRA’s Web site at                      4 See Securities Exchange Act Release No. 77798

                                                    applicable provisions of the Federal                    http://www.finra.org, at the principal                 (May 10, 2016), 81 FR 30395 (May 16, 2016) (SR–
                                                                                                            office of FINRA and at the                             FINRA–2016–010). With the exception of the
                                                    securities laws must rest with the                                                                             requirement for ATSs to report sequence numbers,
                                                    persons relying on the exemption that is                Commission’s Public Reference Room.                    Rule 4554 was implemented on November 7, 2016.
                                                    the subject of this Order.                              II. Self-Regulatory Organization’s
                                                                                                                                                                   See Regulatory Notice 16–28 (August 2016). FINRA
                                                                                                                                                                   delayed the implementation for the requirement to
                                                      For the Commission, by the Division of                Statement of the Purpose of, and                       report sequence numbers until the requirement
                                                    Trading and Markets, pursuant to delegated              Statutory Basis for, the Proposed Rule                 could be extended to apply to all OATS reports. See
                                                    authority.8                                                                                                    Securities Exchange Act Release No. 79289
                                                                                                            Change                                                 (November 10, 2016), 81 FR 81202 (November 17,
                                                    Brent J. Fields,                                                                                               2016) (Notice of Filing and Immediate Effectiveness
                                                    Secretary.
                                                                                                              In its filing with the Commission,                   of SR–FINRA–2016–041).
                                                                                                            FINRA included statements concerning                     5 Rule 4554(b)(8). Rule 4554(b) also requires all
                                                    [FR Doc. 2016–30814 Filed 12–20–16; 8:45 am]                                                                   ATSs, at the time of order receipt, to report: (1)
                                                                                                            the purpose of and basis for the
                                                    BILLING CODE 8011–01–P                                                                                         Whether the ATS displays subscriber orders outside
                                                                                                            proposed rule change and discussed any                 of the ATS and, if the ATS displays subscriber
                                                                                                            comments it received on the proposed                   orders outside of the ATS, whether subscriber
                                                                                                            rule change. The text of these statements              orders are displayed to subscribers only, or are
                                                                                                                                                                   distributed for publication in the consolidated
                                                                                                            may be examined at the places specified
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                   quotation data; (2) whether the ATS is an ADF
                                                      5 See Letter from Martha Redding, Assistant
                                                                                                            in Item IV below. FINRA has prepared                   Trading Center as defined in FINRA Rule 6220; (3)
                                                    Secretary, NYSE, to Brent J. Fields, Secretary,         summaries, set forth in sections A, B,                 whether the order can be routed away from the ATS
                                                    Securities and Exchange Commission, dated                                                                      for execution; (4) whether there are any counter-
                                                                                                            and C below, of the most significant                   party restrictions on the order; (5) a unique
                                                    November 28, 2016.
                                                      6 See Securities Exchange Act Release No. 79495
                                                                                                            aspects of such statements.                            identifier representing the specific order type other
                                                                                                                                                                   than market and limit orders that have no other
                                                    (Dec. 7, 2016), 81 FR 90033 (Dec. 13, 2016) (SR–
                                                                                                                                                                   special handling instructions; (6) the NBBO (or
                                                    NYSEArca–2016–157).                                       1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                   relevant reference price) in effect at the time of
                                                      7 See Order, supra note 2, 78 FR at 79529.              2 17 CFR 240.19b–4.                                  order receipt and the timestamp of when the ATS
                                                      8 17 CFR 200.30–3(a)(83).                               3 17 CFR 240.19b–4(f)(6).                            captured the effective NBBO (or relevant reference



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                                                                             Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices                                          93721

                                                    After further evaluation of the need for                not mandating a particular or uniform                 sequence numbers on new order reports
                                                    the sequence number in other order                      format by which ATSs must report                      pursuant to Rule 4554 as approved by
                                                    events, FINRA proposes to amend this                    sequence numbers and that reporting                   the Commission, including sequence
                                                    requirement to require ATSs to report a                 sequence numbers as they currently                    numbers on additional order events will
                                                    sequence number for all OATS event                      exist in an ATS will satisfy the                      not be overly burdensome.
                                                    types, not just for order receipt,                      requirement.10 The same clarification is
                                                    including reports for the execution of an                                                                     C. Self-Regulatory Organization’s
                                                                                                            true with the expansion of the
                                                    order or the routing of an order away                                                                         Statement on Comments on the
                                                                                                            requirement beyond reporting order
                                                    from the ATS.6 FINRA is proposing to                                                                          Proposed Rule Change Received From
                                                                                                            receipt (i.e., an ATS may report all
                                                    extend the requirement to report a                                                                            Members, Participants, or Others
                                                                                                            sequence numbers as they currently
                                                    sequence number beyond order receipt                    exist in the ATS rather than in a                       Written comments were neither
                                                    because, without a sequence number on                   particular or uniform format).                        solicited nor received.
                                                    all order events, FINRA is unable to                       FINRA has filed the proposed rule                  III. Date of Effectiveness of the
                                                    properly sequence events when a single                  change for immediate effectiveness.                   Proposed Rule Change and Timing for
                                                    ATS MPID reports order events in the                    FINRA will announce the                               Commission Action
                                                    same symbol with identical                              implementation date of the proposed
                                                    timestamps.7 Requiring ATSs to report a                 rule change no later than 30 days                        Because the foregoing proposed rule
                                                    sequence number for all OATS order                      following Commission notice of the                    change does not: (i) Significantly affect
                                                    events, rather than just order receipt,                 filing of the proposed rule change for                the protection of investors or the public
                                                    will further enable FINRA to properly                   immediate effectiveness. The                          interest; (ii) impose any significant
                                                    sequence order events within an ATS,                    implementation date will be no later                  burden on competition; and (iii) become
                                                    which will allow FINRA to more fully                    than 145 days after the date of the filing.           operative for 30 days from the date on
                                                    reconstruct an ATS’s order book and                                                                           which it was filed, or such shorter time
                                                    better perform order-based surveillance,                2. Statutory Basis                                    as the Commission may designate, it has
                                                    including surveillance for layering,                       FINRA believes that the proposed rule              become effective pursuant to Section
                                                    quote spoofing and mid-point pricing                    change is consistent with the provisions              19(b)(3)(A) of the Act 13 and Rule 19b–
                                                    manipulation.                                           of Section 15A(b)(6) of the Act,11 which              4(f)(6) thereunder.14
                                                       FINRA notes that the expansion of the                requires, among other things, that                       At any time within 60 days of the
                                                    requirement to report a sequence                        FINRA rules must be designed to                       filing of the proposed rule change, the
                                                    number with all order events mirrors                    prevent fraudulent and manipulative                   Commission summarily may
                                                    the proposed requirement from                           acts and practices, to promote just and               temporarily suspend such rule change if
                                                    Regulatory Notice 14–51. As discussed                   equitable principles of trade, and, in                it appears to the Commission that such
                                                    in the filing for SR–FINRA–2016–010,                    general, to protect investors and the                 action is necessary or appropriate in the
                                                    FINRA initially solicited comment on                    public interest, and Section 15A(b)(9) of             public interest, for the protection of
                                                    the proposal for ATSs to report order                   the Act,12 which requires that FINRA                  investors, or otherwise in furtherance of
                                                    information to OATS in Regulatory                       rules not impose any burden on                        the purposes of the Act. If the
                                                    Notice 14–51.8 As part of the proposal                  competition that is not necessary or                  Commission takes such action, the
                                                    set forth in the Regulatory Notice, ATSs                appropriate. FINRA believes that this                 Commission shall institute proceedings
                                                    exceeding the proposed volume                           proposed rule change is consistent with               to determine whether the proposed rule
                                                    threshold would have been required to                   the Act because requiring sequence                    should be approved or disapproved.
                                                    report certain order information and                    numbers on all OATS reports will
                                                    ‘‘would provide, for every order, the                                                                         IV. Solicitation of Comments
                                                                                                            further enhance FINRA’s ability to
                                                    ATS book sequence identifier and the                    surveil activity occurring within an ATS                Interested persons are invited to
                                                    associated OATS identifier, which                       by providing FINRA with additional                    submit written data, views, and
                                                    would link information about that order                 information that can be integrated into               arguments concerning the foregoing,
                                                    to the related information and full                     FINRA’s surveillance patterns to                      including whether the proposed rule
                                                    lifecycle reported to OATS.’’ 9 None of                 support alert generation and analysis.                change is consistent with the Act.
                                                    the commenters on that proposal                                                                               Comments may be submitted by any of
                                                    specifically addressed the provision of                 B. Self-Regulatory Organization’s                     the following methods:
                                                    sequence numbers on order reports.                      Statement on Burden on Competition
                                                       In response to a comment on the                                                                            Electronic Comments
                                                                                                               FINRA does not believe that the
                                                    proposed rule change filed with the                     proposed rule change will result in any                 • Use the Commission’s Internet
                                                    Commission, FINRA clarified that it was                 burden on competition that is not                     comment form (http://www.sec.gov/
                                                                                                            necessary or appropriate in furtherance               rules/sro.shtml); or
                                                    price); and (7) the market data feed the ATS used
                                                                                                            of the purposes of the Act. The                         • Send an email to rule-
                                                    to obtain the NBBO (or relevant reference price).                                                             comments@sec.gov. Please include File
                                                       6 FINRA is proposing to move the provision into      proposed changes will apply equally to
                                                    a separate paragraph to reflect this change.            all similarly situated ATSs. FINRA also               Number SR–FINRA–2016–045 on the
                                                       7 The occurrence of identical timestamps in these    notes that the proposed rule change is                subject line.
                                                    circumstances is not infrequent. For example, on a      designed to assist FINRA in meeting its
                                                    recent reporting day, over 13% of ATS order events
                                                                                                                                                                  Paper Comments
                                                                                                            regulatory obligations by enhancing its
                                                    within a single ATS MPID and symbol contained                                                                   • Send paper comments in triplicate
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    an identical timestamp.                                 ability to efficiently surveil activity
                                                                                                                                                                  to Secretary, Securities and Exchange
                                                       8 See Securities Exchange Act Release No. 77269      occurring within ATSs and across
                                                    (March 1, 2016), 81 FR 11851, 11854–55 (March 7,                                                              Commission, 100 F Street NE.,
                                                                                                            markets. FINRA believes that, because
                                                    2016).                                                                                                        Washington, DC 20549–1090.
                                                       9 Regulatory Notice 14–51. The volume threshold
                                                                                                            ATSs are already required to include
                                                                                                                                                                  All submissions should refer to File
                                                    proposed in the Regulatory Notice was removed as
                                                    part of the proposed rule change approved by the
                                                                                                              10 See Securities Exchange Act Release No. 77798    Number SR–FINRA–2016–045. This file
                                                    Commission. See Securities Exchange Act Release         (May 10, 2016), 81 FR 30395, 30397 (May 16, 2016).
                                                                                                              11 15 U.S.C. 78o¥3(b)(6).                             13 15   U.S.C. 78s(b)(3)(A).
                                                    No. 77269 (March 1, 2016), 81 FR 11851, 11854–
                                                    55 (March 7, 2016).                                       12 15 U.S.C. 78o¥3(b)(9).                             14 17   CFR 240.19b–4(f)(6).



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                                                    93722                    Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices

                                                    number should be included on the                        ‘‘Commission’’) the proposed rule                     monies due and owing to the Exchange 5
                                                    subject line if email is used. To help the              change as described in Items I and II,                or other charges related to Rules 205
                                                    Commission process and review your                      below, which Items have been prepared                 and 206.6 The proposed amendment
                                                    comments more efficiently, please use                   by the Exchange. The Commission is                    would exclude from Rule 209 the fees
                                                    only one method. The Commission will                    publishing this notice to solicit                     set forth in Chapter V (Market Data) of
                                                    post all comments on the Commission’s                   comments on the proposed rule change                  the Exchange’s Schedule of Fees 7 to
                                                    Internet Web site (http://www.sec.gov/                  from interested persons.                              harmonize the direct debit process
                                                    rules/sro.shtml). Copies of the                                                                               across all Nasdaq Exchanges.8
                                                    submission, all subsequent                              I. Self-Regulatory Organization’s
                                                                                                            Statement of the Terms of Substance of                   The Exchange proposes that this rule
                                                    amendments, all written statements                                                                            change become operative on December
                                                    with respect to the proposed rule                       the Proposed Rule Change
                                                                                                                                                                  1, 2016. On November 23, 2016, the
                                                    change that are filed with the                             The Exchange proposes to remove                    Exchange applied direct debit to its
                                                    Commission, and all written                             direct debit for market data products, as             members for October 2016 billing 9
                                                    communications relating to the                          described in more detail below.                       pursuant to the process currently in
                                                    proposed rule change between the                           The text of the proposed rule change               place. Under the proposed amendment
                                                    Commission and any person, other than                   is available on the Exchange’s Web site               and starting December 2016, the
                                                    those that may be withheld from the                                                                           Exchange will bill the market data fees
                                                                                                            at www.ise.com, at the principal office
                                                    public in accordance with the                                                                                 separately and will continue to direct
                                                                                                            of the Exchange, and at the
                                                    provisions of 5 U.S.C. 552, will be                                                                           debit its members for all of the other
                                                                                                            Commission’s Public Reference Room.
                                                    available for Web site viewing and                                                                            fees that are covered under Rule 209, in
                                                    printing in the Commission’s Public                     II. Self-Regulatory Organization’s                    each case for the previous month’s
                                                    Reference Room, 100 F Street NE.,                       Statement of the Purpose of, and                      billing.
                                                    Washington, DC 20549 on official                        Statutory Basis for, the Proposed Rule
                                                    business days between the hours of                      Change                                                2. Statutory Basis
                                                    10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                              In its filing with the Commission, the                 The Exchange believes that its
                                                    filing also will be available for
                                                    inspection and copying at the principal                 Exchange included statements                          proposal is consistent with Section 6(b)
                                                    office of FINRA. All comments received                  concerning the purpose of and basis for               of the Act,10 in general, and furthers the
                                                    will be posted without change; the                      the proposed rule change and discussed                objectives of Section 6(b)(5) of the Act,11
                                                    Commission does not edit personal                       any comments it received on the                       in particular, in that it is designed to
                                                    identifying information from                            proposed rule change. The text of these               promote just and equitable principles of
                                                    submissions. You should submit only                     statements may be examined at the                     trade, to foster cooperation and
                                                    information that you wish to make                       places specified in Item IV below. The                coordination with persons engaged in
                                                    available publicly. All submissions                     Exchange has prepared summaries, set                  facilitating transactions in securities, to
                                                    should refer to File Number SR–FINRA–                   forth in sections A, B, and C below, of               remove impediments to and perfect the
                                                    2016–045, and should be submitted on                    the most significant aspects of such                  mechanism of a free and open market
                                                    or before January 11, 2017.                             statements.                                           and a national market system, and, in
                                                                                                                                                                  general to protect investors and the
                                                      For the Commission, by the Division of                A. Self-Regulatory Organization’s                     public interest by providing members
                                                    Trading and Markets, pursuant to delegated              Statement of the Purpose of, and
                                                    authority.15                                                                                                  with a harmonized process to pay
                                                                                                            Statutory Basis for, the Proposed Rule                undisputed or final fees, fines, charges
                                                    Eduardo A. Aleman,                                      Change                                                and/or monetary sanctions or monies
                                                    Assistant Secretary.
                                                                                                            1. Purpose                                            due and owing to the Exchange.
                                                    [FR Doc. 2016–30689 Filed 12–20–16; 8:45 am]
                                                    BILLING CODE 8011–01–P                                    The purpose of the proposed rule                      5 This includes, among other things, fines which
                                                                                                            change is to remove direct debit for                  result from the imposition of fines pursuant to
                                                                                                            market data products. Today, the                      Rules 1611, Judgment and Sanction; and 1614,
                                                    SECURITIES AND EXCHANGE                                 Exchange requires all of its members to               Imposition of Fines for Minor Rules Violations.
                                                    COMMISSION                                                                                                    With respect to disciplinary sanctions that are
                                                                                                            provide a clearing account number at                  imposed by either the Business Conduct Committee
                                                    [Release No. 34–79562; File No. SR–                     the National Securities Clearing                      or a Hearing Panel, the Exchange would not debit
                                                    ISEGemini–2016–20]                                      Corporation (‘‘NSCC’’) for purposes of                any monies until such action is final. The Exchange
                                                                                                            permitting the Exchange to debit any                  would not consider an action final until all appeal
                                                    Self-Regulatory Organizations; ISE                                                                            periods have run and/or all appeal timeframes are
                                                                                                            undisputed or final fees, fines, charges              exhausted. With respect to non-disciplinary actions,
                                                    Gemini, LLC; Notice of Filing and                       and/or other monetary sanctions or                    the Exchange would similarly not take action to
                                                    Immediate Effectiveness of Proposed                     monies due and owing to the                           debit a Member account until all appeal periods
                                                    Rule Change To Remove Direct Debit                      Exchange.3 Specifically, Rule 209                     have run and/or all appeal timeframes are
                                                    for Market Data Products                                                                                      exhausted. Any uncontested disciplinary or non-
                                                                                                            currently requires members, and all                   disciplinary actions will be debited, and the
                                                                                                            applicants for registration as such to                amount due will appear on the Member’s invoice
                                                    December 15, 2016.
                                                                                                            provide a clearing account number for                 prior to the actual NSCC debit.
                                                       Pursuant to Section 19(b)(1) of the
                                                                                                            an account at NSCC for purposes of                      6 See ISE Gemini Rules 205 (Participant Fees) and
                                                    Securities Exchange Act of 1934                                                                               206 (Liability for Payment of Fees).
                                                                                                            permitting the Exchange to debit any
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                         7 See note 4.
                                                                                                            undisputed or final fees,4 fines, charges
                                                    notice is hereby given that on December                                                                         8 The NASDAQ Stock Market LLC, The NASDAQ
                                                                                                            and/or other monetary sanctions or                    Options Market LLC, NASDAQ PHLX LLC, and
                                                    1, 2016, ISE Gemini, LLC (‘‘ISE Gemini’’
                                                                                                                                                                  NASDAQ BX, Inc. (the ‘‘Nasdaq Exchanges’’) do not
                                                    or ‘‘Exchange’’) filed with the Securities                                                                    direct debit any fees for market data products.
                                                                                                              3 See Securities Exchange Act Release No. 79013
                                                    and Exchange Commission (‘‘SEC’’ or                     (September 30, 2016), 81 FR 69556 (October 6,           9 The debit for October 2016 billing included all

                                                                                                            2016) (SR–ISEGemini–2016–12).                         outstanding fees, including the fees for market data,
                                                      15 17 CFR 200.30–3(a)(12).                              4 Exchange fees are noted on the Exchange           through October 1, 2016.
                                                      1 15 U.S.C. 78s(b)(1).                                                                                        10 15 U.S.C. 78f(b).
                                                                                                            Schedule of Fees, available at: http://www.ise.com/
                                                      2 17 CFR 240.19b–4.                                   geminifees.                                             11 15 U.S.C. 78f(b)(5).




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Document Created: 2018-02-14 09:11:38
Document Modified: 2018-02-14 09:11:38
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 93720 

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