82 FR 14092 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 11.22 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 50 (March 16, 2017)
Federal Register Volume 82, Issue 50 (March 16, 2017)
| Page Range | 14092-14094 | |
| FR Document | 2017-05215 |
[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)] [Notices] [Pages 14092-14094] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05215] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80208; File No. SR-BatsEDGX-2017-13] Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 11.22 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 10, 2017. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on February 28, 2017, Bats EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange has designated this proposal as a ``non-controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b- 4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 15 U.S.C. 78s(b)(3)(A). \4\ 17 CFR 240.19b-4(f)(6)(iii). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange filed a proposal to amend Rule 11.22 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 text of the proposed rule change is available at the Exchange's Web site at www.bats.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Rule 11.22(b) (Compliance with Data Collection Requirements) \5\ implements the data collection and Web site publication requirements of the Plan.\6\ Rule 11.22(b).08 provides, among other things, that the requirement that the Exchange or Designated Examining Authority (``DEA'') make certain data publicly available on their Web site pursuant to Appendix B and C to the Plan shall commence at the beginning of the Pilot Period,\7\ and that the Exchange or DEA shall make data for the Pre-Pilot Period publicly available on their Web site pursuant to Appendix B and C to the Plan by February 28, 2017.\8\ --------------------------------------------------------------------------- \5\ See Exchange Rule 11.22(b). See also Securities Exchange Act Release Nos. 77416 (March 22, 2016), 81 FR 17225 (March 28, 2016); and 78798 (September 9, 2016), 81 FR 63532 (September 15, 2016). \6\ 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). \7\ Unless otherwise defined herein, capitalized terms have the meaning ascribed to them in Rule 11.22. \8\ On November 30, 2016, the SEC granted exemptive relief to the Participants, and the Exchange filed proposed rule changes 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, FINRA dated November 30, 2016; see also Securities Exchange Act Release No. 79537 (December 13, 2016), 81 FR 91971 (December 19, 2016) (Notice of Filing and Immediate Effectiveness of File No. SR-BatsEDGX-2016-70). --------------------------------------------------------------------------- The Exchange is proposing amendments to Rule 11.22(b).08 to delay the date by which Pre-Pilot and Pilot Appendix B data is to be made publicly available on the Exchange or DEA's Web site from February 28, 2017, until April 28, 2017.\9\ Appendix C data [[Page 14093]] for the Pre-Pilot Period through the month of January 2017, will be published on the Exchange or DEA's Web site on February 28, 2017, and, thereafter, on the original 30-day schedule. --------------------------------------------------------------------------- \9\ In addition, the Exchange is proposing an amendment to Rule 11.22(a)(6)(B) to clarify that no member, irrespective of whether that member operates a trading center, may execute orders in any Pilot Security in Test Group Three in price increments other than $0.05, unless an exception applies. This proposed amendment makes the rule consistent with the Plan and conforms subparagraph (a)(6)(B) with subparagraph (a)(5)(B). --------------------------------------------------------------------------- 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.\10\ However, market participants have expressed confidentiality concerns regarding this approach for over- the-counter (``OTC'') data.\11\ 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.\12\ Pursuant to this amendment, Appendix B data publication will be delayed until April 28, 2017. The Participants anticipate filing an additional proposed rule change in the near future to address the Appendix B data publication. --------------------------------------------------------------------------- \10\ 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''). \11\ 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''). \12\ FINRA, on behalf of the Exchange, also is submitting an exemptive request with the SEC in connection with the instant filing. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act \13\ in general, and furthers the objectives of Section 6(b)(5) of the Act \14\ in particular, in that it is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \13\ 15 U.S.C. 78f(b). \14\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- 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. 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. 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 \15\ and Rule 19b- 4(f)(6) thereunder.\16\ --------------------------------------------------------------------------- \15\ 15 U.S.C. 78s(b)(3)(A). \16\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-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 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.\17\ 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 proposed rule changes related to publishing Appendix B data. --------------------------------------------------------------------------- \17\ See supra note 11. 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. --------------------------------------------------------------------------- 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.\18\ Delaying publication of Exchange's Appendix B data \19\ 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.\20\ --------------------------------------------------------------------------- \18\ 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. \19\ 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-BX-2017-016; SR-CHX-2017-05; SR-FINRA-2017-005; SR-IEX-2017- 07; SR-NASDAQ-2017-024; SR-Phlx-2017-22; SR-NYSE-2017-10; SR- NYSEArca-2017-19; SR-NYSEMKT-2017-11. \20\ For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 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, [[Page 14094]] including whether the proposal is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File No. SR-BatsEDGX-2017-13 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File No. SR-BatsEDGX-2017-13. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR-BatsEDGX-2017-13 and should be submitted on or before April 6, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\21\ --------------------------------------------------------------------------- \21\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-05215 Filed 3-15-17; 8:45 am] BILLING CODE 8011-01-P
![14092 Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Notices
Comments may be submitted by any of SECURITIES AND EXCHANGE Exchange has prepared summaries, set
the following methods: COMMISSION forth in Sections A, B, and C below, of
the most significant parts of such
Electronic Comments [Release No. 34–80208; File No. SR–
statements.
BatsEDGX–2017–13]
• Use the Commission’s Internet A. Self-Regulatory Organization’s
comment form (http://www.sec.gov/ Self-Regulatory Organizations; Bats Statement of the Purpose of, and
rules/sro.shtml); or EDGX Exchange, Inc.; Notice of Filing Statutory Basis for, the Proposed Rule
and Immediate Effectiveness of a Change
• Send an email to rule-comments@
Proposed Rule Change To Amend
sec.gov. Please include File Number SR– 1. Purpose
Exchange Rule 11.22 To Modify the
ISEGemini–2017–12 on the subject line. Date of Appendix B Web Site Data Rule 11.22(b) (Compliance with Data
Paper Comments Publication Pursuant to the Regulation Collection Requirements) 5 implements
NMS Plan To Implement a Tick Size the data collection and Web site
• Send paper comments in triplicate Pilot Program publication requirements of the Plan.6
to Secretary, Securities and Exchange Rule 11.22(b).08 provides, among other
Commission, 100 F Street NE., March 10, 2017. things, that the requirement that the
Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the Exchange or Designated Examining
Securities Exchange Act of 1934 (the Authority (‘‘DEA’’) make certain data
All submissions should refer to File ‘‘Act’’),1 and Rule 19b–4 thereunder,2 publicly available on their Web site
Number SR–ISEGemini–2017–12. This notice is hereby given that on February pursuant to Appendix B and C to the
file number should be included on the 28, 2017, Bats EDGX Exchange, Inc. (the Plan shall commence at the beginning of
subject line if email is used. To help the ‘‘Exchange’’ or ‘‘EDGX’’) filed with the the Pilot Period,7 and that the Exchange
Commission process and review your Securities and Exchange Commission or DEA shall make data for the Pre-Pilot
comments more efficiently, please use (‘‘Commission’’) the proposed rule Period publicly available on their Web
only one method. The Commission will change as described in Items I and II site pursuant to Appendix B and C to
post all comments on the Commission’s below, which Items have been prepared the Plan by February 28, 2017.8
Internet Web site (http://www.sec.gov/ by the Exchange. The Exchange has The Exchange is proposing
rules/sro.shtml). Copies of the designated this proposal as a ‘‘non- amendments to Rule 11.22(b).08 to
submission, all subsequent controversial’’ proposed rule change delay the date by which Pre-Pilot and
amendments, all written statements pursuant to Section 19(b)(3)(A) of the Pilot Appendix B data is to be made
with respect to the proposed rule Act 3 and Rule 19b–4(f)(6)(iii) publicly available on the Exchange or
change that are filed with the thereunder,4 which renders it effective DEA’s Web site from February 28, 2017,
Commission, and all written upon filing with the Commission. The until April 28, 2017.9 Appendix C data
Commission is publishing this notice to
communications relating to the
solicit comments on the proposed rule 5 See Exchange Rule 11.22(b). See also Securities
proposed rule change between the
change from interested persons. Exchange Act Release Nos. 77416 (March 22, 2016),
Commission and any person, other than 81 FR 17225 (March 28, 2016); and 78798
those that may be withheld from the I. Self-Regulatory Organization’s (September 9, 2016), 81 FR 63532 (September 15,
public in accordance with the Statement of the Terms of Substance of 2016).
6 The Participants filed the Plan to comply with
provisions of 5 U.S.C. 552, will be the Proposed Rule Change
an order issued by the Commission on June 24,
available for Web site viewing and The Exchange filed a proposal to 2014. See Letter from Brendon J. Weiss, Vice
printing in the Commission’s Public amend Rule 11.22 to modify the date of President, Intercontinental Exchange, Inc., to
Secretary, Commission, dated August 25, 2014
Reference Room, 100 F Street NE., Appendix B Web site data publication (‘‘SRO Tick Size Plan Proposal’’). See Securities
Washington, DC 20549, on official pursuant to the Regulation NMS Plan to Exchange Act Release No 72460 (June 24, 2014), 79
business days between the hours of Implement a Tick Size Pilot Program FR 36840 (June 30, 2014); see also Securities
10:00 a.m. and 3:00 p.m. Copies of the (‘‘Plan’’). Exchange Act Release No. 74892 (May 6, 2015), 80
FR 27513 (May 13, 2015).
filing also will be available for The text of the proposed rule change 7 Unless otherwise defined herein, capitalized
inspection and copying at the principal is available at the Exchange’s Web site terms have the meaning ascribed to them in Rule
office of the Exchange. All comments at www.bats.com, at the principal office 11.22.
received will be posted without change; of the Exchange, and at the 8 On November 30, 2016, the SEC granted
Commission’s Public Reference Room. exemptive relief to the Participants, and the
the Commission does not edit personal Exchange filed proposed rule changes to, among
identifying information from II. Self-Regulatory Organization’s other things, delay the publication of Web site data
submissions. You should submit only Statement of the Purpose of, and pursuant to Appendices B and C to the Plan until
information that you wish to make February 28, 2017, and to delay the ongoing Web
Statutory Basis for, the Proposed Rule site publication by ninety days such that data
available publicly. All submissions Change would be published within 120 calendar days
should refer to File Number SR– following the end of the month. See Letter from
In its filing with the Commission, the David S. Shillman, Associate Director, Division of
ISEGemini–2017–12 and should be
Exchange included statements Trading and Markets, Commission, to Marcia E.
submitted on or before April 6, 2017. concerning the purpose of and basis for Asquith, Senior Vice President and Corporate
For the Commission, by the Division of the proposed rule change and discussed Secretary, FINRA dated November 30, 2016; see
also Securities Exchange Act Release No. 79537
Trading and Markets, pursuant to delegated any comments it received on the (December 13, 2016), 81 FR 91971 (December 19,
mstockstill on DSK3G9T082PROD with NOTICES
authority.15 proposed rule change. The text of these 2016) (Notice of Filing and Immediate Effectiveness
Eduardo A. Aleman, statements may be examined at the of File No. SR–BatsEDGX–2016–70).
9 In addition, the Exchange is proposing an
Assistant Secretary. places specified in Item IV below. The
amendment to Rule 11.22(a)(6)(B) to clarify that no
[FR Doc. 2017–05209 Filed 3–15–17; 8:45 am] member, irrespective of whether that member
1 15 U.S.C. 78s(b)(1).
BILLING CODE 8011–01–P
operates a trading center, may execute orders in any
2 17 CFR 240.19b–4. Pilot Security in Test Group Three in price
3 15 U.S.C. 78s(b)(3)(A).
increments other than $0.05, unless an exception
15 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6)(iii). applies. This proposed amendment makes the rule
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![14094 Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Notices
including whether the proposal is SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s
consistent with the Act. Comments may COMMISSION Statement of the Purpose of, and
be submitted by any of the following Statutory Basis for, the Proposed Rule
methods: [Release No. 34–80210; File No. SR– Change
Electronic Comments NASDAQ–2017–023] 1. Purpose
Earlier this year, the Commission
• Use the Commission’s Internet Self-Regulatory Organizations; The
approved a Nasdaq filing (the ‘‘Prior
comment form (http://www.sec.gov/ NASDAQ Stock Market LLC; Notice of
Filing’’) to amend the continued listing
rules/sro.shtml); or Filing and Immediate Effectiveness of requirements for exchange-traded
• Send an email to rule-comments@ Proposed Rule Change To Amend the products (‘‘ETPs’’).3 The Exchange now
sec.gov. Please include File No. SR– Continued Listing Requirements for proposes to make a minor amendment
BatsEDGX–2017–13 on the subject line. Exchange-Traded Products to Nasdaq Rules 5705(a) and (b), as well
Paper Comments March 10, 2017.
as Nasdaq Rule 5735, to reinsert a word
inadvertently deleted by the Prior Filing
• Send paper comments in triplicate Pursuant to Section 19(b)(1) of the and that is in the current rule language
to Secretary, Securities and Exchange Securities Exchange Act of 1934 for these rules, but would otherwise be
Commission, 100 F Street NE., (‘‘Act’’),1 and Rule 19b–4 thereunder,2 deleted once the Prior Filing goes into
Washington, DC 20549–1090. notice is hereby given that on February effect later this year.
24, 2017, The NASDAQ Stock Market Under the fixed income section for
All submissions should refer to File No. LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed Portfolio Depository Receipts (Nasdaq
SR–BatsEDGX–2017–13. This file with the Securities and Exchange Rule 5705(a)), Index Fund Shares
number should be included on the (Nasdaq Rule 5705(b)), and Managed
Commission (‘‘Commission’’) the
subject line if email is used. To help the Fund Shares (Nasdaq Rule 5735(b)) the
proposed rule change as described in
Commission process and review your word ‘‘original’’ has been reinserted.
Items I and II below, which Items have
comments more efficiently, please use Specifically, the word ‘‘original’’ has
only one method. The Commission will been prepared by the Exchange. The
been reinserted, respectively, into the
post all comments on the Commission’s Commission is publishing this notice to
following sentences: ‘‘Components that
Internet Web site (http://www.sec.gov/ solicit comments on the proposed rule
in aggregate account for at least 75% of
rules/sro.shtml). Copies of the change from interested persons. the weight of the index or portfolio must
submission, all subsequent I. Self-Regulatory Organization’s have a minimum original principal
amendments, all written statements Statement of the Terms of Substance of amount outstanding of $100 million or
with respect to the proposed rule the Proposed Rule Change more;’’ in the case of Nasdaq Rules
change that are filed with the 5705(a) and 5705(b); and ‘‘Components
Commission, and all written The Exchange proposes to amend that in the aggregate account for at least
communications relating to the Nasdaq Rules 5705 and 5735 to reinsert 75% of the fixed income weight of the
proposed rule change between the a word that is in the current rule portfolio each shall have a minimum
Commission and any person, other than language for these rules, but would original principal amount outstanding
those that may be withheld from the otherwise be deleted once SR– of $100 million or more;’’ in the case of
public in accordance with the NASDAQ–2016–135 goes into effect Nasdaq Rule 5735(b).
provisions of 5 U.S.C. 552, will be later this year. Adding the word ‘‘original’’ back into
available for Web site viewing and the above sentences and into the
printing in the Commission’s Public The text of the proposed rule change designated rules properly reflects the
Reference Room, 100 F Street NE., is available on the Exchange’s Web site intended meaning of the sentence and is
Washington, DC 20549, on official at http://nasdaq.cchwallstreet.com, at in keeping with the language as it was
business days between the hours of the principal office of the Exchange, and initially adopted.
10:00 a.m. and 3:00 p.m. Copies of such at the Commission’s Public Reference
2. Statutory Basis
filing will also be available for Room.
inspection and copying at the principal The Exchange believes that the
II. Self-Regulatory Organization’s proposed rule change is consistent with
office of the Exchange. All comments
Statement of the Purpose of, and the provisions of Section 6 of the Act,4
received will be posted without change;
Statutory Basis for, the Proposed Rule in general and with Section 6(b)(5) of
the Commission does not edit personal
identifying information from Change the Act,5 in particular in that it is
submissions. You should submit only designed to prevent fraudulent and
In its filing with the Commission, the manipulative acts and practices, to
information that you wish to make Exchange included statements
available publicly. All submissions promote just and equitable principles of
concerning the purpose of and basis for trade, to foster cooperation and
should refer to File No. SR–BatsEDGX– the proposed rule change and discussed
2017–13 and should be submitted on or coordination with persons engaged in
any comments it received on the regulating, clearing, settling, processing
before April 6, 2017.
proposed rule change. The text of these information with respect to, and
For the Commission, by the Division of statements may be examined at the facilitating transactions in securities, to
Trading and Markets, pursuant to delegated places specified in Item IV below. The remove impediments to and perfect the
mstockstill on DSK3G9T082PROD with NOTICES
authority.21 Exchange has prepared summaries, set mechanism of a free and open market
Eduardo A. Aleman, forth in sections A, B, and C below, of and a national market system, and, in
Assistant Secretary. the most significant aspects of such
3 See Securities Exchange Act Release No. 79784
[FR Doc. 2017–05215 Filed 3–15–17; 8:45 am] statements.
(Jan. 12, 2017), 82 FR 6664 (Jan. 19, 2017) (SR–
BILLING CODE 8011–01–P
NASDAQ–2016–135) (the ‘‘Prior Filing’’).
1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78f.
21 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 5 15 U.S.C. 78f(b)(5).
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Document Created: 2017-03-16 02:18:47
Document Modified: 2017-03-16 02:18:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 14092 |
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