82 FR 13685 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 67 To Modify the Date of Appendix B Web Site Data Publication Pursuant to the Regulation NMS Plan To Implement a Tick Size Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 48 (March 14, 2017)

Page Range		13685-13687
FR Document		2017-04922
Federal Register, Volume 82 Issue 48 (Tuesday, March 14, 2017)
[Federal Register Volume 82, Number 48 (Tuesday, March 14, 2017)]
[Notices]
[Pages 13685-13687]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04922]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80172; File No. SR-NYSE-2017-10]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Amending Rule 67 To Modify the Date of Appendix B Web Site Data 
Publication Pursuant to the Regulation NMS Plan To Implement a Tick 
Size Pilot Program

March 8, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the

[[Page 13686]]

``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that 
on February 28, 2017, New York Stock Exchange LLC (``NYSE'' or the 
``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 Rule 67 to modify the date of 
Appendix B Web site data publication pursuant to the Regulation NMS 
Plan to Implement a Tick Size Pilot Program (``Plan''). The proposed 
rule change is available on the Exchange's Web site at www.nyse.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 self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

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

1. Purpose
    Rule 67(b) (Compliance with Data Collection Requirements) \4\ 
implements the data collection and Web site publication requirements of 
the Plan.\5\ Supplementary Material .70 to Rule 67 provides, among 
other things, that the requirement that the Exchange or their DEA make 
certain data publicly available on the Exchange's or DEA's Web site 
pursuant to Appendix B and C to the Plan shall commence at the 
beginning of the Pilot Period,\6\ and that the Exchange or their DEA 
shall make data for the Pre-Pilot Period publicly available on the 
Exchange's or DEA's Web site pursuant to Appendix B and C of the Plan 
by February 28, 2017.\7\
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    \4\ See Securities Exchange Act Release No. 77468 (March 29, 
2016), 81 FR 19269 (April 4, 2016) (Immediate Effectiveness of 
Proposed Rule Change Adopting Requirements for the Collection and 
Transmission of Data Pursuant to Appendices B and C of Regulation 
NMS Plan to Implement a Tick Size Pilot Program) (SR-NYSE-2016-27); 
see also Securities Exchange Act Release No. 78813 (September 12, 
2016), 81 FR 63825 (September 16, 2016) (Immediate Effectiveness of 
Proposed Rule Change to Amend Rule 67 to Modify Certain Data 
Collection Requirements of the Regulation NMS Plan to Implement a 
Tick Size Pilot Program) (SR-NYSE-2016-63); see also Letter from 
John C. Roeser, Associate Director, Division of Trading and Markets, 
Commission, to Sherry Sandler, Associate General Counsel, NYSE, 
dated April 4, 2016.
    \5\ The Participants filed the Plan to comply with an order 
issued by the Commission on June 24, 2014. See Letter from Brendon 
J. Weiss, Vice President, Intercontinental Exchange, Inc., to 
Secretary, Commission, dated August 25, 2014 (``SRO Tick Size Plan 
Proposal''). See Securities Exchange Act Release No 72460 (June 24, 
2014), 79 FR 36840 (June 30, 2014); see also Securities Exchange Act 
Release No. 74892 (May 6, 2015), 80 FR 27513 (May 13, 2015).
    \6\ Unless otherwise defined herein, capitalized terms have the 
meaning ascribed to them in the Plan.
    \7\ On November 30, 2016, the SEC granted exemptive relief to 
the Participants to, among other things, delay the publication of 
Web site data pursuant to Appendices B and C to the Plan until 
February 28, 2017, and to delay the ongoing Web site publication by 
ninety days such that data would be published within 120 calendar 
days following the end of the month. See Letter from David S. 
Shillman, Associate Director, Division of Trading and Markets, 
Commission, to Marcia E. Asquith, Senior Vice President and 
Corporate Secretary, Financial Industry Regulatory Authority, Inc. 
(``FINRA''), dated November 30, 2016; see also Securities Exchange 
Act Release No. 79477 (December 6, 2016), 81 FR 89559 (December 12, 
2016) (Notice of Filing and Immediate Effectiveness of File No. SR-
NYSE-2016-83).
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    The Exchange is proposing amendments to Supplementary Material .70 
to Rule 67 to delay the date by which Pre-Pilot and Pilot Appendix B 
data is to be made publicly available on the Exchange's or DEA's Web 
site from February 28, 2017, until April 28, 2017. Appendix C data for 
the Pre-Pilot Period through the month of January 2017 will be 
published on the Exchange's or DEA's Web site on February 28, 2017, 
and, thereafter, on the original 30-day schedule.
    In the SRO Tick Size Plan Proposal, the Participants stated that 
the public data will be made available for free ``on a disaggregated 
basis by trading center'' on the Web sites of the Participants and the 
Designated Examining Authorities.\8\ However, market participants have 
expressed confidentiality concerns regarding this approach for over-
the-counter (``OTC'') data.\9\ Thus, the Exchange is filing the instant 
proposed rule change to provide additional time to assess a means of 
addressing the confidentiality concerns raised in connection with the 
publication of Appendix B data related to OTC activity in furtherance 
of the objectives of the Plan.\10\ Pursuant to this amendment, Appendix 
B data publication will be delayed until April 28, 2017. The 
Participants anticipate filing additional proposed rule changes in the 
near future to address Appendix B data publication.
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    \8\ See Securities Exchange Act Release No. 73511 (November 3, 
2014), 79 FR 66423 (November 7, 2014) (Notice of Filing of Proposed 
National Market System Plan to Implement a Tick Size Pilot Program 
on a One-Year Pilot Basis, File No. 4-657) (``Tick Size Plan 
Proposal'').
    \9\ See letters from Adam C. Cooper, Senior Managing Director 
and Chief Legal Officer, Citadel Securities, to Brent J. Fields, 
Secretary, Commission, dated December 21, 2016 (``Citadel letter''); 
and William Hebert, Managing Director, Financial Information Forum, 
to Robert W. Errett, Deputy Secretary, Commission, dated December 
21, 2016 (``FIF letter'').
    \10\ FINRA, on behalf of the Participants, also is submitting an 
exemptive request to the SEC in connection with the instant filing.
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    As noted in Item 2 of this filing, the Exchange has filed the 
proposed rule change for immediate effectiveness and has requested that 
the Commission waive the 30-day operative delay. If the Commission 
waives the 30-day operative delay, the operative date of the proposed 
rule change will be the date of filing.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\11\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\12\ 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 mechanism of a free and open market and a national market system, 
and, in general, to protect investors and the public interest.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    The Plan is designed to allow the Commission, market participants, 
and the public to study and assess the impact of increment conventions 
on the liquidity and trading of the common stock of small-
capitalization companies. The Exchange believes that this proposal is 
consistent with the Act because it is in furtherance of the objectives 
of Section VII(A) of the Plan in that it is designed to provide the 
Exchange with additional time to assess a means of addressing the 
confidentiality concerns raised in connection with the publication of 
Appendix B data, to comply with the Plan's requirements that the data 
made publicly available will not identify the trading center that 
generated the data.

[[Page 13687]]

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange 
notes that the proposed rule change implements the provisions of the 
Plan, and is designed to assist the Participants in meeting their 
regulatory obligations pursuant to the Plan.

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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).
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    A proposed rule change filed under Rule 19(b)-4(f)(6) normally does 
not become operative prior to 30 days after the date of the filing. 
However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has filed 
the proposed rule change for immediate effectiveness and has requested 
that the Commission waive the requirement that the proposed rule change 
not become operative for 30 days after the date of the filing so that 
it may become operative on February 28, 2017.
    The Exchange notes that the proposed rule change is intended to 
address confidentiality concerns raised in connection with the 
publication of over-the-counter (``OTC'') Appendix B data by permitting 
the Exchange to delay Web site publication of its Appendix B data from 
February 28, 2017 to April 28, 2017.\15\ The Exchange notes that the 
delay would provide additional time to assess a means of addressing the 
confidentiality concerns. The Exchange notes that it expects 
Participants to file a proposed rule changes related to publishing 
Appendix B data.
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    \15\ See supra note 9. The Commission notes that FINRA has 
submitted a proposed rule change to delay the publication of OTC 
Appendix B data. See SR-FINRA-2017-005.
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    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because it will allow the Exchange to delay publication of its Appendix 
B data until April 28, 2017. As noted above, commenters continue to 
raise concerns about the publication of OTC Appendix B data.\16\ 
Delaying publication of Exchange's Appendix B data \17\ will prevent 
the publication of partial (i.e., Exchange-only) Appendix B data 
required under the Plan. Therefore, the Commission hereby waives the 
30-day operative delay and designates the proposed rule change to be 
operative on February 28, 2017.\18\
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    \16\ The Commission notes that FINRA has filed a proposed rule 
change that is intended to mitigate confidentiality concerns raised 
by commenters regarding the publication of OTC Appendix B data. See 
SR-FINRA-2017-006.
    \17\ The Commission notes that other Participants have proposed 
to delay the publication of their Appendix B data until April 28, 
2017. See SR-BatsBYX-2017-05; SR-BatsBZX-2017-15; SR-BatsEDGA-2017-
05; SR-BatsEDGX-2017-13; SR-BX-2017-016; SR-CHX-2017-05; SR-FINRA-
2017-005; SR-IEX-2017-07; SR-NASDAQ-2017-024; SR-Phlx-2017-22; SR-
NYSEArca-2017-19; SR-NYSEMKT-2017-11.
    \18\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. 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-NYSE-2017-10 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-NYSE-2017-10. 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-NYSE-2017-10 and should be 
submitted on or before April 4, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-04922 Filed 3-13-17; 8:45 am]
 BILLING CODE 8011-01-P
Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices 13685

spread market would be a better C. Self-Regulatory Organization’s All submissions should refer to File
measure to use for purposes of Statement on Comments on the Number SR–CBOE–2017–016. This file
preventing executions of complex Proposed Rule Change Received From number should be included on the
orders at erroneous prices, which Members, Participants, or Others subject line if email is used. To help the
ultimately protects investors. The Commission process and review your
The Exchange neither solicited nor
proposed parameter will apply to comments more efficiently, please use
received comments on the proposed
complex orders that do not COA (and only one method. The Commission will
rule change.
would execute against orders in the post all comments on the Commission’s
COB) in addition to those that do, which III. Date of Effectiveness of the Internet Web site (http://www.sec.gov/
may prevent additional erroneous trades Proposed Rule Change and Timing for rules/sro.shtml). Copies of the
at prices that are extreme or ‘‘too far Commission Action submission, all subsequent
away’’ from the market.33 The Exchange amendments, all written statements
Because the foregoing proposed rule
with respect to the proposed rule
believes the methodology to determine change does not: (i) Significantly affect
change that are filed with the
the acceptable price range is reasonable the protection of investors or the public
Commission, and all written
because using a percentage amount interest; (ii) impose any significant
communications relating to the
provides Trading Permit Holders with burden on competition; and (iii) become
proposed rule change between the
precise protection, while the pre-set operative for 30 days from the date on
Commission and any person, other than
minimum and maximum ensures that which it was filed, or such shorter time
those that may be withheld from the
the acceptable price range cannot be too as the Commission may designate, it has
public in accordance with the
wide or narrow to the point that the become effective pursuant to Section
provisions of 5 U.S.C. 552, will be
parameter would become ineffective. 19(b)(3)(A) of the Act 35 and Rule 19b–
available for Web site viewing and
4(f)(6) thereunder.36
The Exchange also believes the printing in the Commission’s Public
At any time within 60 days of the Reference Room, 100 F Street NE.,
proposed rule change regarding how the filing of the proposed rule change, the
acceptable percentage range parameter Washington, DC 20549 on official
Commission summarily may business days between the hours of
will apply to AIM and SAM orders is temporarily suspend such rule change if
reasonable, as the proposed rule change 10:00 a.m. and 3:00 p.m. Copies of the
it appears to the Commission that such filing also will be available for
is consistent with the contingencies action is: (i) Necessary or appropriate in
attached to those types of orders. inspection and copying at the principal
the public interest; (ii) for the protection office of the Exchange. All comments
The proposed rule change to apply a of investors; or (iii) otherwise in received will be posted without change;
single limit order price parameter and furtherance of the purposes of the Act. the Commission does not edit personal
acceptable price range to all complex If the Commission takes such action, the identifying information from
orders, including stock-option orders Commission shall institute proceedings submissions. You should submit only
(subject to certain exceptions consistent to determine whether the proposed rule information that you wish to make
with the current rules), will protect change should be approved or available publicly. All submissions
investors, as it simplifies the rules. disapproved. should refer to File Number SR–CBOE–
IV. Solicitation of Comments 2017–016 and should be submitted on
B. Self-Regulatory Organization’s
or before April 4, 2017.
Statement on Burden on Competition Interested persons are invited to
submit written data, views, and For the Commission, by the Division of
CBOE does not believe that the arguments concerning the foregoing, Trading and Markets, pursuant to delegated
proposed rule change will impose any authority.37
including whether the proposed rule
burden on competition that is not change is consistent with the Act. Eduardo A. Aleman,
necessary or appropriate in furtherance Comments may be submitted by any of Assistant Secretary.
of the purposes of the Act. The the following methods: [FR Doc. 2017–04928 Filed 3–13–17; 8:45 am]
proposed rule change will apply to all BILLING CODE 8011–01–P
complex orders submitted to CBOE in Electronic Comments
the same manner. The enhancements to • Use the Commission’s Internet
the price protection mechanisms comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE
applicable to all incoming orders will rules/sro.shtml); or COMMISSION
help further prevent potentially • Send an email to rule-comments@ [Release No. 34–80172; File No. SR–NYSE–
erroneous executions, which benefits all sec.gov. Please include File Number SR– 2017–10]
market participants. The proposed rule CBOE–2017–016 on the subject line.
change will not impose any burden on Self-Regulatory Organizations; New
Paper Comments
intermarket competition, as it merely York Stock Exchange LLC; Notice of
incorporates best prices available on • Send paper comments in triplicate Filing and Immediate Effectiveness of
other markets into current price to Secretary, Securities and Exchange Proposed Rule Change Amending Rule
protection mechanisms applicable to Commission, 100 F Street NE., 67 To Modify the Date of Appendix B
complex orders. Additionally, the Washington, DC 20549–1090. Web Site Data Publication Pursuant to
asabaliauskas on DSK3SPTVN1PROD with NOTICES

proposed rule change is substantially the Regulation NMS Plan To Implement
similar to a rule of another options
35 15 U.S.C. 78s(b)(3)(A). a Tick Size Pilot Program
36 17 CFR 240.19b–4(f)(6). As required under Rule
exchange.34 19b–4(f)(6)(iii), the Exchange provided the March 8, 2017.
Commission with written notice of its intent to file Pursuant to Section 19(b)(1) 1 of the
33 As
the proposed rule change, along with a brief Securities Exchange Act of 1934 (the
further discussed below, the proposed rule description and the text of the proposed rule
change is substantially similar to NASDAQ OMX change, at least five business days prior to the date
[sic] PHLX LLC (‘‘PHLX’’) Rule 1098(i). of filing of the proposed rule change, or such 37 17 CFR 200.30–3(a)(12).
34 See PHLX Rule 1098(i). shorter time as designated by the Commission. 1 15 U.S.C. 78s(b)(1).

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Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices 13687

B. Self-Regulatory Organization’s confidentiality concerns. The Exchange Paper Comments
Statement on Burden on Competition notes that it expects Participants to file
a proposed rule changes related to • Send paper comments in triplicate
The Exchange does not believe that to Brent J. Fields, Secretary, Securities
the proposed rule change will result in publishing Appendix B data.
The Commission believes that and Exchange Commission, 100 F Street
any burden on competition that is not
waiving the 30-day operative delay is NE., Washington, DC 20549–1090.
necessary or appropriate in furtherance
of the purposes of the Act. The consistent with the protection of All submissions should refer to File
Exchange notes that the proposed rule investors and the public interest Number SR–NYSE–2017–10. This file
change implements the provisions of the because it will allow the Exchange to
number should be included on the
Plan, and is designed to assist the delay publication of its Appendix B data
subject line if email is used. To help the
Participants in meeting their regulatory until April 28, 2017. As noted above,
commenters continue to raise concerns Commission process and review your
obligations pursuant to the Plan. comments more efficiently, please use
about the publication of OTC Appendix
C. Self-Regulatory Organization’s B data.16 Delaying publication of only one method. The Commission will
Statement on Comments on the Exchange’s Appendix B data 17 will post all comments on the Commission’s
Proposed Rule Change Received From prevent the publication of partial (i.e., Internet Web site (http://www.sec.gov/
Members, Participants, or Others Exchange-only) Appendix B data rules/sro.shtml). Copies of the
required under the Plan. Therefore, the submission, all subsequent
No written comments were solicited
or received with respect to the proposed Commission hereby waives the 30-day amendments, all written statements
rule change. operative delay and designates the with respect to the proposed rule
proposed rule change to be operative on change that are filed with the
III. Date of Effectiveness of the February 28, 2017.18 Commission, and all written
Proposed Rule Change and Timing for At any time within 60 days of the communications relating to the
Commission Action filing of the proposed rule change, the proposed rule change between the
Because the foregoing proposed rule Commission summarily may Commission and any person, other than
change does not: (i) Significantly affect temporarily suspend such rule change if those that may be withheld from the
the protection of investors or the public it appears to the Commission that such public in accordance with the
interest; (ii) impose any significant action is necessary or appropriate in the provisions of 5 U.S.C. 552, will be
burden on competition; and (iii) become public interest, for the protection of available for Web site viewing and
operative for 30 days from the date on investors, or otherwise in furtherance of printing in the Commission’s Public
which it was filed, or such shorter time the purposes of the Act. If the Reference Room, 100 F Street NE.,
as the Commission may designate, it has Commission takes such action, the Washington, DC 20549 on official
become effective pursuant to Section Commission shall institute proceedings business days between the hours of
19(b)(3)(A) of the Act 13 and Rule 19b– to determine whether the proposed rule
10:00 a.m. and 3:00 p.m. Copies of the
4(f)(6) thereunder.14 should be approved or disapproved.
filing also will be available for
A proposed rule change filed under IV. Solicitation of Comments inspection and copying at the principal
Rule 19(b)–4(f)(6) normally does not
Interested persons are invited to office of the Exchange. All comments
become operative prior to 30 days after
submit written data, views, and received will be posted without change;
the date of the filing. However, pursuant
arguments concerning the foregoing, the Commission does not edit personal
to Rule 19b–4(f)(6)(iii), the Commission
may designate a shorter time if such including whether the proposed rule identifying information from
action is consistent with the protection change is consistent with the Act. submissions. You should submit only
of investors and the public interest. The Comments may be submitted by any of information that you wish to make
Exchange has filed the proposed rule the following methods: available publicly. All submissions
change for immediate effectiveness and should refer to File Number SR–NYSE–
Electronic Comments
has requested that the Commission 2017–10 and should be submitted on or
waive the requirement that the proposed • Use the Commission’s Internet before April 4, 2017.
rule change not become operative for 30 comment form (http://www.sec.gov/
For the Commission, by the Division of
days after the date of the filing so that rules/sro.shtml); or
Trading and Markets, pursuant to delegated
it may become operative on February • Send an email to rule-comments@
authority.19
28, 2017. sec.gov. Please include File Number SR–
NYSE–2017–10 on the subject line. Eduardo A. Aleman,
The Exchange notes that the proposed
Assistant Secretary.
rule change is intended to address 16 The Commission notes that FINRA has filed a
[FR Doc. 2017–04922 Filed 3–13–17; 8:45 am]
confidentiality concerns raised in proposed rule change that is intended to mitigate
connection with the publication of over- confidentiality concerns raised by commenters BILLING CODE 8011–01–P
the-counter (‘‘OTC’’) Appendix B data regarding the publication of OTC Appendix B data.
by permitting the Exchange to delay See SR–FINRA–2017–006.
17 The Commission notes that other Participants
Web site publication of its Appendix B have proposed to delay the publication of their
data from February 28, 2017 to April 28, Appendix B data until April 28, 2017. See SR–
2017.15 The Exchange notes that the BatsBYX–2017–05; SR–BatsBZX–2017–15; SR–
asabaliauskas on DSK3SPTVN1PROD with NOTICES

delay would provide additional time to BatsEDGA–2017–05; SR–BatsEDGX–2017–13; SR–
BX–2017–016; SR–CHX–2017–05; SR–FINRA–
assess a means of addressing the 2017–005; SR–IEX–2017–07; SR–NASDAQ–2017–
024; SR–Phlx–2017–22; SR–NYSEArca–2017–19;
13 15 U.S.C. 78s(b)(3)(A). SR–NYSEMKT–2017–11.
14 17 CFR 240.19b–4(f)(6). 18 For purposes only of waiving the operative
15 See supra note 9. The Commission notes that delay for this proposal, the Commission has
FINRA has submitted a proposed rule change to considered the proposed rule’s impact on
delay the publication of OTC Appendix B data. See efficiency, competition, and capital formation. See
SR–FINRA–2017–005. 15 U.S.C. 78c(f). 19 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 17:42 Mar 13, 2017 Jkt 241001 PO 00000 Frm 00112 Fmt 4703 Sfmt 9990 E:\FR\FM\14MRN1.SGM 14MRN1
Document Created: 2017-03-14 02:51:26
Document Modified: 2017-03-14 02:51:26
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 13685