82_FR_13220 82 FR 13175 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter X, Section 7(a) of the Exchange's Rules Relating to Minor Rule Violation Penalties for Position Limit Violations

82 FR 13175 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter X, Section 7(a) of the Exchange's Rules Relating to Minor Rule Violation Penalties for Position Limit Violations

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 45 (March 9, 2017)

Page Range13175-13176
FR Document2017-04607

Federal Register, Volume 82 Issue 45 (Thursday, March 9, 2017)
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13175-13176]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04607]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80155; File No. SR-BX-2017-014]


Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Chapter X, 
Section 7(a) of the Exchange's Rules Relating to Minor Rule Violation 
Penalties for Position Limit Violations

March 3, 2017.
    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 February 28, 2017, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II below, which 
Items have been prepared by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Chapter X, Section 7(a) of the 
Exchange's Rules, as described in further detail below.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqbx.cchwallstreet.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 aspects of such 
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend Chapter X, 
Section 7(a) of the Exchange's rules (the ``Rules''), which sets forth 
the Exchange's minor rule violation penalties and in particular, 
penalties for violating Chapter III, Section 7 of the Rules pertaining 
to position limits, so that these penalties are consistent with those 
of BX's sister exchange, the International Securities Exchange, LLC 
(``ISE''), as well as other competing options exchanges.
    Chapter III, Section 7 of the Exchange's Rules imposes position 
limits for Options Participants in certain circumstances. Meanwhile, 
Chapter X, Section 7(a) of the Rules assesses fines for minor rule 
violations, including position limits violations, as follows.
    First, for violations occurring in customer accounts, Section 
7(a)(i) assesses fines based upon the cumulative number of violations 
that occur over the course of a two year rolling period. For the first 
six violations that occur during any such period, an Option Participant 
will either be issued a letter of caution (to the extent that the 
violations are up to five percent in excess of applicable limits) or 
assessed $1 per contract (to the extent that the violations are more 
than five percent in excess of applicable limits). For the seventh 
through twelfth violations that occur during any such period, the fine 
is $1 per contract over the limit, regardless of the extent of the 
violations. Finally, for the thirteenth or any additional violations 
that occur during any such period, the fine increases to $5 per 
contract over the limit. Notwithstanding the above, the Rule provides 
that the minimum fine that the Exchange shall assess is $100.
    Second, for violations that occur in the accounts of Options 
Participants (i.e., proprietary accounts and accounts of other Options 
Participants), Section 7(a)(ii) again assesses fines based upon the 
cumulative number of violations that occur over the course of a two 
year rolling period. For the first three violations that occur in any 
such period, an Option Participant will either be assessed a letter of 
caution (to the extent that the violations are up to five percent in 
excess of applicable limits) or $1 per contract (to the extent that the 
violations are more than five percent in excess of applicable limits). 
For the fourth through the sixth violations that occur during any such 
period, the fine is $1 per contract over the limit, regardless of the 
extent of the violations. Finally, for the seventh or any additional 
violations that occur during any such period, the fine increases to $5 
per contract over the limit. Notwithstanding the above, the Rule 
provides that the minimum fine that the Exchange shall assess is $100.
    The Exchange proposes to replace its schedule of fines for position 
limit violations to mirror the schedule of fines that ISE and other 
exchanges apply to such violations. The ISE schedule of position limits 
fines set forth in ISE Rule 1614(d) is simpler and, in certain 
instances, more stringent than the BX schedule of fines. It provides 
that for any cumulative violations of the ISE position limits rule \3\ 
that occur during any rolling two year period, ISE assesses a fine of 
$500 for the first offense, $1,000 for the second offense, $2,500 for 
the third offense, and $5,000 for the fourth and each subsequent 
offense. The ISE rule is identical to that which several other 
exchanges employ.\4\ The proposed rule change conforms the fine 
schedule of BX to that of ISE.
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    \3\ ISE Rule 1614(d)(1) counts as a single violation, provided 
that such a violation is inadvertent: (i) A 1 trade date overage; 
(ii) a consecutive string of trade date overage violations where the 
position does not change or where a steady reduction in the overage 
occurs; or (iii) a consecutive string of trade date overage 
violations resulting from other mitigating circumstances.
    \4\ See BATS BZX Exchange, Inc. Rule 25.3(a); C2 Options 
Exchange Rule Chapter 17 (incorporating by reference CBOE Rule 
17.50(g)(1)); see also NYSE Arca, Inc. Rule 10.12(k)(i)(21) 
(imposing fines of $1,000, $2,500, and $5,000 for the first, second, 
and third violations, respectively while omitting corresponding 
verbiage that defines the nature of a single violation subject to a 
fine).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\5\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\6\ in particular, in that it is designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to remove impediments to and perfect the 
mechanisms 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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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that its proposed Rule change will be more 
effective than the existing Rule in preventing manipulative acts and 
practices and protecting investors because under the proposed Rule, the 
Exchange will immediately impose a fine upon an Options Participant 
that violates its position limits, and it will do so regardless of the 
extent of the

[[Page 13176]]

violation, as opposed to only imposing a fine (rather than a caution 
letter) after the first six violations or to the extent that a 
violation exceeds 5 percent of the applicable limits.
    Moreover, the proposed Rule change promotes fairness and 
consistency in the marketplace by harmonizing penalties across 
exchanges for the same conduct. As noted above, the proposed schedule 
of fines would be identical to the schedules of fines that ISE, BATS 
BZX, and C2 Options Exchange presently employ, and similar to that 
which NYSE Arca employs.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposal will adopt the 
same schedule of fines as exists at other exchanges and it will apply 
the same schedule of fines to all Options Participants.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the 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 prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\7\
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    \7\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to 
give the Commission written notice of the Exchange's intent to file 
the proposed rule change, along with a brief description and text of 
the proposed rule change, at least five business days prior to the 
date of filing of the proposed rule change, or such shorter time as 
designated by the Commission. The Exchange has satisfied this 
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \9\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative immediately upon filing. The Exchange states that 
the proposed rule change helps to protect investors and to prevent 
manipulative acts by enabling the Exchange to immediately impose a fine 
upon an Options Participant for position limit violations. The Exchange 
further states that the proposed rule change promotes fairness and 
consistency in the marketplace by unifying the Exchange's schedule of 
fines with schedules imposed by other exchanges.
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the 30-day operative delay 
is consistent with the protection of investors and the public interest. 
The Commission notes that the proposal harmonizes the Exchange's 
schedule of fines with respect to position limit violations with fines 
currently imposed by other exchanges, and thus does not raise any new 
or novel issues. Accordingly, the Commission hereby waives the 30-day 
operative delay and designates the proposed rule change as operative 
upon filing.\10\
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    \10\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under 
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic 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-BX-2017-014 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2017-014. 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 the filing also will 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 Number SR-BX-2017-014 and should be 
submitted on or before March 30, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-04607 Filed 3-8-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices                                                      13175

                                                                                                               A. Self-Regulatory Organization’s                     per contract over the limit, regardless of
                                                    Eduardo A. Aleman,                                         Statement of the Purpose of, and                      the extent of the violations. Finally, for
                                                    Assistant Secretary.                                       Statutory Basis for, the Proposed Rule                the seventh or any additional violations
                                                    [FR Doc. 2017–04602 Filed 3–8–17; 8:45 am]                 Change                                                that occur during any such period, the
                                                                                                                                                                     fine increases to $5 per contract over the
                                                    BILLING CODE 8011–01–P                                     1. Purpose
                                                                                                                                                                     limit. Notwithstanding the above, the
                                                                                                                  The purpose of the proposed rule                   Rule provides that the minimum fine
                                                    SECURITIES AND EXCHANGE                                    change is to amend Chapter X, Section                 that the Exchange shall assess is $100.
                                                    COMMISSION                                                 7(a) of the Exchange’s rules (the                        The Exchange proposes to replace its
                                                                                                               ‘‘Rules’’), which sets forth the                      schedule of fines for position limit
                                                    [Release No. 34–80155; File No. SR–BX–                     Exchange’s minor rule violation                       violations to mirror the schedule of
                                                    2017–014]                                                  penalties and in particular, penalties for            fines that ISE and other exchanges apply
                                                                                                               violating Chapter III, Section 7 of the               to such violations. The ISE schedule of
                                                    Self-Regulatory Organizations;
                                                                                                               Rules pertaining to position limits, so               position limits fines set forth in ISE
                                                    NASDAQ BX, Inc.; Notice of Filing and
                                                                                                               that these penalties are consistent with              Rule 1614(d) is simpler and, in certain
                                                    Immediate Effectiveness of Proposed
                                                                                                               those of BX’s sister exchange, the                    instances, more stringent than the BX
                                                    Rule Change To Amend Chapter X,
                                                                                                               International Securities Exchange, LLC                schedule of fines. It provides that for
                                                    Section 7(a) of the Exchange’s Rules
                                                                                                               (‘‘ISE’’), as well as other competing                 any cumulative violations of the ISE
                                                    Relating to Minor Rule Violation                           options exchanges.                                    position limits rule 3 that occur during
                                                    Penalties for Position Limit Violations                       Chapter III, Section 7 of the                      any rolling two year period, ISE assesses
                                                    March 3, 2017.                                             Exchange’s Rules imposes position                     a fine of $500 for the first offense,
                                                       Pursuant to Section 19(b)(1) of the                     limits for Options Participants in certain            $1,000 for the second offense, $2,500 for
                                                    Securities Exchange Act of 1934                            circumstances. Meanwhile, Chapter X,                  the third offense, and $5,000 for the
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    Section 7(a) of the Rules assesses fines              fourth and each subsequent offense. The
                                                    notice is hereby given that on February                    for minor rule violations, including                  ISE rule is identical to that which
                                                    28, 2017, NASDAQ BX, Inc. (‘‘BX’’ or                       position limits violations, as follows.               several other exchanges employ.4 The
                                                    ‘‘Exchange’’) filed with the Securities                       First, for violations occurring in                 proposed rule change conforms the fine
                                                    and Exchange Commission (‘‘SEC’’ or                        customer accounts, Section 7(a)(i)                    schedule of BX to that of ISE.
                                                    ‘‘Commission’’) the proposed rule                          assesses fines based upon the
                                                                                                               cumulative number of violations that                  2. Statutory Basis
                                                    change as described in Items I and II
                                                    below, which Items have been prepared                      occur over the course of a two year                      The Exchange believes that its
                                                    by the Exchange. The Commission is                         rolling period. For the first six                     proposal is consistent with Section 6(b)
                                                    publishing this notice to solicit                          violations that occur during any such                 of the Act,5 in general, and furthers the
                                                                                                               period, an Option Participant will either             objectives of Section 6(b)(5) of the Act,6
                                                    comments on the proposed rule change
                                                                                                               be issued a letter of caution (to the                 in particular, in that it is designed to
                                                    from interested persons.
                                                                                                               extent that the violations are up to five             prevent fraudulent and manipulative
                                                    I. Self-Regulatory Organization’s                          percent in excess of applicable limits) or            acts and practices, to promote just and
                                                    Statement of the Terms of Substance of                     assessed $1 per contract (to the extent               equitable principles of trade, to remove
                                                    the Proposed Rule Change                                   that the violations are more than five                impediments to and perfect the
                                                       The Exchange proposes to amend                          percent in excess of applicable limits).              mechanisms of a free and open market
                                                    Chapter X, Section 7(a) of the                             For the seventh through twelfth                       and a national market system and, in
                                                    Exchange’s Rules, as described in                          violations that occur during any such                 general, to protect investors and the
                                                    further detail below.                                      period, the fine is $1 per contract over              public interest.
                                                       The text of the proposed rule change                    the limit, regardless of the extent of the               The Exchange believes that its
                                                    is available on the Exchange’s Web site                    violations. Finally, for the thirteenth or            proposed Rule change will be more
                                                    at http://nasdaqbx.cchwallstreet.com/,                     any additional violations that occur                  effective than the existing Rule in
                                                    at the principal office of the Exchange,                   during any such period, the fine                      preventing manipulative acts and
                                                    and at the Commission’s Public                             increases to $5 per contract over the                 practices and protecting investors
                                                    Reference Room.                                            limit. Notwithstanding the above, the                 because under the proposed Rule, the
                                                                                                               Rule provides that the minimum fine                   Exchange will immediately impose a
                                                    II. Self-Regulatory Organization’s                         that the Exchange shall assess is $100.               fine upon an Options Participant that
                                                    Statement of the Purpose of, and                              Second, for violations that occur in               violates its position limits, and it will
                                                    Statutory Basis for, the Proposed Rule                     the accounts of Options Participants                  do so regardless of the extent of the
                                                    Change                                                     (i.e., proprietary accounts and accounts
                                                       In its filing with the Commission, the                  of other Options Participants), Section                  3 ISE Rule 1614(d)(1) counts as a single violation,

                                                    Exchange included statements                               7(a)(ii) again assesses fines based upon              provided that such a violation is inadvertent: (i) A
                                                                                                               the cumulative number of violations                   1 trade date overage; (ii) a consecutive string of
                                                    concerning the purpose of and basis for                                                                          trade date overage violations where the position
                                                    the proposed rule change and discussed                     that occur over the course of a two year              does not change or where a steady reduction in the
                                                    any comments it received on the                            rolling period. For the first three                   overage occurs; or (iii) a consecutive string of trade
                                                    proposed rule change. The text of these                    violations that occur in any such period,             date overage violations resulting from other
                                                                                                               an Option Participant will either be                  mitigating circumstances.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    statements may be examined at the                                                                                   4 See BATS BZX Exchange, Inc. Rule 25.3(a); C2
                                                    places specified in Item IV below. The                     assessed a letter of caution (to the extent           Options Exchange Rule Chapter 17 (incorporating
                                                    Exchange has prepared summaries, set                       that the violations are up to five percent            by reference CBOE Rule 17.50(g)(1)); see also NYSE
                                                    forth in sections A, B, and C below, of                    in excess of applicable limits) or $1 per             Arca, Inc. Rule 10.12(k)(i)(21) (imposing fines of
                                                                                                               contract (to the extent that the violations           $1,000, $2,500, and $5,000 for the first, second, and
                                                    the most significant aspects of such                                                                             third violations, respectively while omitting
                                                    statements.                                                are more than five percent in excess of               corresponding verbiage that defines the nature of a
                                                                                                               applicable limits). For the fourth                    single violation subject to a fine).
                                                      1 15   U.S.C. 78s(b)(1).                                 through the sixth violations that occur                  5 15 U.S.C. 78f(b).
                                                      2 17   CFR 240.19b–4.                                    during any such period, the fine is $1                   6 15 U.S.C. 78f(b)(5).




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                                                    13176                          Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

                                                    violation, as opposed to only imposing                  protection of investors and the public                Paper Comments
                                                    a fine (rather than a caution letter) after             interest. The Exchange has asked the                     • Send paper comments in triplicate
                                                    the first six violations or to the extent               Commission to waive the 30-day                        to Brent J. Fields, Secretary, Securities
                                                    that a violation exceeds 5 percent of the               operative delay so that the proposal may              and Exchange Commission, 100 F Street
                                                    applicable limits.                                      become operative immediately upon                     NE., Washington, DC 20549–1090.
                                                       Moreover, the proposed Rule change                   filing. The Exchange states that the
                                                    promotes fairness and consistency in                    proposed rule change helps to protect                 All submissions should refer to File
                                                    the marketplace by harmonizing                          investors and to prevent manipulative                 Number SR–BX–2017–014. This file
                                                    penalties across exchanges for the same                 acts by enabling the Exchange to                      number should be included on the
                                                    conduct. As noted above, the proposed                   immediately impose a fine upon an                     subject line if email is used. To help the
                                                    schedule of fines would be identical to                 Options Participant for position limit                Commission process and review your
                                                    the schedules of fines that ISE, BATS                   violations. The Exchange further states               comments more efficiently, please use
                                                    BZX, and C2 Options Exchange                            that the proposed rule change promotes                only one method. The Commission will
                                                    presently employ, and similar to that                   fairness and consistency in the                       post all comments on the Commission’s
                                                    which NYSE Arca employs.                                marketplace by unifying the Exchange’s                Internet Web site (http://www.sec.gov/
                                                                                                            schedule of fines with schedules                      rules/sro.shtml). Copies of the
                                                    B. Self-Regulatory Organization’s                                                                             submission, all subsequent
                                                    Statement on Burden on Competition                      imposed by other exchanges.
                                                                                                               The Commission believes that waiver                amendments, all written statements
                                                      The Exchange does not believe that                    of the 30-day operative delay is                      with respect to the proposed rule
                                                    the proposed rule change will impose                    consistent with the protection of                     change that are filed with the
                                                    any burden on competition not                           investors and the public interest. The                Commission, and all written
                                                    necessary or appropriate in furtherance                 Commission notes that the proposal                    communications relating to the
                                                    of the purposes of the Act. The proposal                harmonizes the Exchange’s schedule of                 proposed rule change between the
                                                    will adopt the same schedule of fines as                fines with respect to position limit                  Commission and any person, other than
                                                    exists at other exchanges and it will                   violations with fines currently imposed               those that may be withheld from the
                                                    apply the same schedule of fines to all                 by other exchanges, and thus does not                 public in accordance with the
                                                    Options Participants.                                   raise any new or novel issues.                        provisions of 5 U.S.C. 552, will be
                                                    C. Self-Regulatory Organization’s                       Accordingly, the Commission hereby                    available for Web site viewing and
                                                    Statement on Comments on the                            waives the 30-day operative delay and                 printing in the Commission’s Public
                                                    Proposed Rule Change Received From                      designates the proposed rule change as                Reference Room, 100 F Street NE.,
                                                    Members, Participants, or Others                        operative upon filing.10                              Washington, DC 20549, on official
                                                                                                               At any time within 60 days of the                  business days between the hours of
                                                      No written comments were either                       filing of such proposed rule change, the              10:00 a.m. and 3:00 p.m. Copies of the
                                                    solicited or received.                                  Commission summarily may                              filing also will be available for
                                                    III. Date of Effectiveness of the                       temporarily suspend such rule change if               inspection and copying at the principal
                                                    Proposed Rule Change and Timing for                     it appears to the Commission that such                office of the Exchange. All comments
                                                    Commission Action                                       action is necessary or appropriate in the             received will be posted without change;
                                                                                                            public interest, for the protection of                the Commission does not edit personal
                                                       Because the proposed rule change
                                                                                                            investors, or otherwise in furtherance of             identifying information from
                                                    does not: (i) Significantly affect the
                                                                                                            the purposes of the Act. If the                       submissions. You should submit only
                                                    protection of investors or the public
                                                                                                            Commission takes such action, the                     information that you wish to make
                                                    interest; (ii) impose any significant
                                                                                                            Commission shall institute proceedings                available publicly. All submissions
                                                    burden on competition; and (iii) become
                                                                                                            under Section 19(b)(2)(B) 11 of the Act to            should refer to File Number SR–BX–
                                                    operative prior to 30 days from the date
                                                                                                            determine whether the proposed rule                   2017–014 and should be submitted on
                                                    on which it was filed, or such shorter
                                                                                                            change should be approved or                          or before March 30, 2017.
                                                    time as the Commission may designate,
                                                                                                            disapproved.                                            For the Commission, by the Division of
                                                    if consistent with the protection of
                                                    investors and the public interest, the                  IV. Solicitation of Comments                          Trading and Markets, pursuant to delegated
                                                                                                                                                                  authority.12
                                                    proposed rule change has become                           Interested persons are invited to
                                                    effective pursuant to Section 19(b)(3)(A)                                                                     Eduardo A. Aleman,
                                                                                                            submit written data, views, and
                                                    of the Act and Rule 19b–4(f)(6)(iii)                                                                          Assistant Secretary.
                                                                                                            arguments concerning the foregoing,
                                                    thereunder.7                                            including whether the proposed rule                   [FR Doc. 2017–04607 Filed 3–8–17; 8:45 am]
                                                       A proposed rule change filed under                   change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                    Rule 19b–4(f)(6) 8 normally does not                    Comments may be submitted by any of
                                                    become operative prior to 30 days after                 the following methods:
                                                    the date of the filing. However, Rule
                                                    19b–4(f)(6)(iii) 9 permits the                          Electronic Comments                                   SMALL BUSINESS ADMINISTRATION
                                                    Commission to designate a shorter time                    • Use the Commission’s Internet
                                                    if such action is consistent with the                                                                         National Women’s Business Council
                                                                                                            comment form (http://www.sec.gov/
                                                                                                                                                                  (NWBC); Data Collection Available for
                                                                                                            rules/sro.shtml); or
                                                      7 In addition, Rule 19b–4(f)(6)(iii) requires the
                                                                                                              • Send an email to rule-comments@                   Public Comments
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Exchange to give the Commission written notice of
                                                    the Exchange’s intent to file the proposed rule
                                                                                                            sec.gov. Please include File Number SR–               AGENCY:  National Women’s Business
                                                    change, along with a brief description and text of      BX–2017–014 on the subject line.                      Council, Small Business
                                                    the proposed rule change, at least five business days                                                         Administration.
                                                    prior to the date of filing of the proposed rule           10 For purposes only of waiving the 30-day
                                                    change, or such shorter time as designated by the       operative delay, the Commission has also              ACTION: 60-day notice and request for
                                                    Commission. The Exchange has satisfied this             considered the proposed rule’s impact on              comments.
                                                    requirement.                                            efficiency, competition, and capital formation. See
                                                      8 17 CFR 240.19b–4(f)(6).                             15 U.S.C. 78c(f).
                                                      9 17 CFR 240.19b–4(f)(6)(iii).                           11 15 U.S.C. 78s(b)(2)(B).                           12 17   CFR 200.30–3(a)(12).



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Document Created: 2017-03-09 04:58:55
Document Modified: 2017-03-09 04:58:55
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 Citation82 FR 13175 

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