82 FR 1419 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.35(a)(10)(A)
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 3 (January 5, 2017)
Federal Register Volume 82, Issue 3 (January 5, 2017)
| Page Range | 1419-1421 | |
| FR Document | 2016-31937 |
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)] [Notices] [Pages 1419-1421] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31937] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79705; File No. SR-NYSEArca-2016-169] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.35(a)(10)(A) December 29, 2016. Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that, on December 22, 2016, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'') 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 self-regulatory organization. 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\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend NYSE Arca Equities Rule 7.35(a)(10)(A) to extend the period for the current Trading Halt Auction Collar price collar. 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 The Exchange proposes to amend NYSE Arca Equities Rule 7.35(a)(10)(A) (``Rule 7.35'') to extend the period for [[Page 1420]] the current Trading Halt price collar thresholds. As specified in Rule 7.35(a)(10)(A), the price collar thresholds for Trading Halt Auctions are currently set at 10% for securities with an Auction Reference Price \4\ of $25.00 or less, 5% for securities with an Auction Reference Price greater than $25.00 but less than or equal to $50.00, and 3% for securities with an Auction Reference Price greater than $50.00. These price collar thresholds were adopted on an interim basis and sunset on January 31, 2017.\5\ --------------------------------------------------------------------------- \4\ As set forth in Rule 7.35(a)(8)(A), the Auction Reference Price for Trading Halt Auctions is the last consolidated round-lot price of that trading day and, if none, the prior trading day's Official Closing Price. \5\ See Securities Exchange Act Release No. 78734 (July 20, 2016), 81 FR 48876 (July 26, 2016) (SR-NYSEArca-2016-98) (Notice of Filing and Immediate Effectiveness to extend the period for the interim Trading Halt Auction Collar thresholds to January 31, 2017). Effective September 28, 2016, the Exchange has deleted former Rule 1.1(s) and eliminated the ``P'' modifier from Rule 7.35. See Securities Exchange Act Release No. 79078 (October 11, 2016), 81 FR 71559 (October 17, 2016) (SR-NYSEArca-2016-135) (Notice of Filing and Immediate Effectiveness of proposed rule change). --------------------------------------------------------------------------- When approving the current price collar thresholds for Trading Halt Auctions, the Commission noted that they were appropriate as an interim measure to protect investors and the public interest.\6\ The Exchange committed to use the period while the interim price collar thresholds are in place to conduct an analysis to determine whether to make the proposed price collar thresholds permanent or to propose other or additional changes to its re-opening process. Since that time, the Participants of the Regulation NMS Plan to Address Extraordinary Market Volatility (``LULD Plan'') (which includes the Exchange),\7\ with input from the Advisory Committee to the LULD Plan, have filed to amend the LULD Plan to require, among other things, that a Trading Pause would continue until the Primary Listing Exchange has reopened trading using its established reopening procedures and reports a Reopening Price.\8\ In connection with the Twelfth Amendment to the LULD Plan, the Exchange has filed a proposed rule change to amend its Trading Halt Auction procedures to provide for automated reopening processes that would be uniform across the Primary Listing Exchanges.\9\ The Exchange's proposed enhancements to the Trading Halt Auction include eliminating the current interim price collar thresholds and replacing them with Auction Collars that are aligned with the LULD Plan Price Bands and providing for extensions of a Trading Pause and related widening of Auction Collars for each such extension. --------------------------------------------------------------------------- \6\ See Securities Exchange Act Release Nos. 76994 (Jan. 28, 2016), 81 FR 5809 (Feb. 3, 2016) (SR-NYSEArca-2015-121) (Approval Order) and 77140 (Feb. 16, 2016), 81 FR 8812 (SR-NYSEArca-2016-27) (Notice of Filing). \7\ See Securities Exchange Act Release No. 77679 (April 21, 2016), 81 FR 24908 (April 27, 2016) (File No. 4-631) (Order approving 10th Amendment to the LULD Plan). Unless otherwise specified, capitalized terms used herein have the same meaning as set forth in the Plan or in Exchange rules. \8\ See Securities Exchange Act Release No. 79410 (November 28, 2016), 81 FR 87114 (December 2, 2016) (File No. 4-631) (Notice of Filing of the Twelfth Amendment to the LULD Plan) (``Twelfth Amendment to the LULD Plan''). \9\ See Securities Exchange Act Release Nos. 79107 (October 18, 2016), 81 FR 73519 (October 24, 2016) (SR-NYSEArca-2016-130) (Notice of Filing) (``Trading Halt Auction Filing'') and 79480 (December 6, 2016), 81 FR 89525 (December 12, 2016) (SR-NYSEArca-2016-130) (Notice of Designation of a Longer Period for Commission Action extending time for Commission action on the Trading Halt Auction Filing to January 22, 2017). --------------------------------------------------------------------------- The Exchange proposes that the current interim price collar thresholds should remain in effect until the Trading Halt Auction Filing is approved and operative.\10\ To effect this change, the Exchange proposes to amend Rule 7.35(a)(10)(A) to provide that the price collar thresholds specified in that paragraph applicable to Trading Halt Auctions would be in effect until SR-NYSEArca-2016-130 is both approved and operative. This extension of the time period would also provide additional time for the Commission to review the Twelfth Amendment to the LULD Plan. The Exchange continues to believe that it is appropriate to have protections in place for Trading Halt Auctions to assure that a reopening trade will not deviate significantly from prior prices, even taking into consideration natural price movements for a security. The Exchange believes that it is appropriate to maintain price collar thresholds for Trading Halt Auctions based on the clearly erroneous execution guidelines because an auction trade is subject to these guidelines for purposes of determining whether such execution is clearly erroneous. In addition, the Exchange's interim price collar thresholds are similar to how BATS BZX Exchange, Inc. (``BATS'') prices its Halt Auctions for ETPs. Like BATS, the Exchange is the primary listing market only for ETPs and would, therefore only have Trading Halt Auctions for ETPs. BATS Rule 11.23(d)(2)(D) provides that BATS executes orders in ETPs in a Halt auction at a price level within a ``Collar Price Range'' that maximizes the number of shares executed in the auction. Similar to the Exchange's rule, BATS uses Collar Price Ranges that are based on the numerical guidelines set forth in the market-wide clearly erroneous execution rules.\11\ The Exchange's Auction Collars differ from BATS's pricing mechanism because the Exchange would use the consolidated last sale price as the reference price, rather than the midpoint of a ``Valid NBBO.'' The Exchange believes that using the consolidated last sale price tracks the market-wide clearly erroneous execution rules, which similarly use the consolidated last sale price for determining whether an execution is clearly erroneous. --------------------------------------------------------------------------- \10\ As provided for in the Trading Halt Auction Filing, supra id., the Exchange proposes to implement the proposed rule changes following Commission approval of the Twelfth Amendment to the LULD Plan. \11\ As set forth in BATS Rule 11.23(a)(6), the Collar Price Range is 10% for securities with a Collar Midpoint of $25.00 or less, 5% for securities with a Collar Midpoint greater than $25.00 but less than or equal to $50.00, and 3% for securities with a Collar Midpoint greater than $50.00. BATS Rule 11.23(a)(6) defines the Collar Midpoint as the Volume Based Tie Breaker, which is defined in BATS Rule 11.23(a)(23) as the midpoint of the NBBO if it is a Valid NBBO, with a Valid NBBO defined as where: (i) There is both a NBB and NBO for the security; (ii) the NBBO is not crossed; and (iii) the midpoint of the NBBO is less than the Maximum Percentage away from both the NBB and the NBO. --------------------------------------------------------------------------- The Exchange will announce by Trader Update when the interim collars will no longer be operative and the changes proposed in the Trading Halt Auction Collar Filing will be operative. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Securities Exchange Act of 1934 (the ``Act''),\12\ in general, and furthers the objectives of Section 6(b)(5),\13\ in particular, because it is designed to prevent fraudulent and manipulative acts and practices, 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. --------------------------------------------------------------------------- \12\ 15 U.S.C. 78f(b). \13\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that extending the interim period for the current Trading Halt Auction price collar thresholds would remove impediments to and perfect the mechanism of a fair and orderly market by providing for Auctions Collars at the Exchange pending Commission review of the [[Page 1421]] Twelfth Amendment to the LULD Plan and the Exchange's Trading Halt Auction Filing. Until such time as these proposed changes have been approved and operative, the price collar thresholds for Trading Halt Auctions would continue to be aligned with the clearly erroneous execution guidelines and therefore continuing with these price collar thresholds would reduce the potential for a Trading Halt Auction to be a clearly erroneous execution. In addition, the Exchange believes that extending the Exchange's interim measure pending Commission approval of the Twelfth Amendment to the LULD Plan and the Trading Halt Auction Filing would be consistent with the protection of investors and the public interest. 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 that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed change is not designed to address any competitive issue but rather to provide for the interim price collar thresholds for Trading Halt Auctions on the Exchange to remain in effect until the Trading Halt Auction Filing is approved and operative. 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 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 \14\ and Rule 19b-4(f)(6) thereunder.\15\ --------------------------------------------------------------------------- \14\ 15 U.S.C. 78s(b)(3)(A). \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and the 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. --------------------------------------------------------------------------- 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 change 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 CommentsUse 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-NYSEArca-2016-169 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2016-169. 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-NYSEArca-2016-169 and should be submitted on or before January 26, 2017. --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2016-31937 Filed 1-4-17; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices 1419
provides further pricing discipline for arguments concerning the foregoing, SECURITIES AND EXCHANGE
proprietary data products. Each SRO, including whether the proposed rule COMMISSION
ATS, and broker-dealer is currently change is consistent with the Act.
[Release No. 34–79705; File No. SR–
permitted to produce and sell Comments may be submitted by any of NYSEArca–2016–169]
proprietary data products, and many the following methods:
currently do. In addition, the OPRA data Self-Regulatory Organizations; NYSE
Electronic Comments
feed is a significant competitive Arca, Inc.; Notice of Filing and
alternative to the BBO and last sale data • Use the Commission’s Internet Immediate Effectiveness of Proposed
included in the BBO and Book Depth comment form (http://www.sec.gov/ Rule Change Amending NYSE Arca
Data Feeds. rules/sro.shtml); or Equities Rule 7.35(a)(10)(A)
Further, data products are valuable to • Send an email to rule-comments@
professional users only if they can be December 29, 2016.
sec.gov. Please include File Number SR–
used for profit-generating purposes in C2–2016–025 on the subject line. Pursuant to Section 19(b)(1) 1 of the
their businesses and valuable to non- Securities Exchange Act of 1934
professional users only insofar as they Paper Comments (‘‘Act’’) 2 and Rule 19b–4 thereunder,3
provide information that such users notice is hereby given that, on December
• Send paper comments in triplicate
expect will assist them in tracking 22, 2016, NYSE Arca, Inc. (‘‘Exchange’’
to Secretary, Securities and Exchange
prices and market trends and making or ‘‘NYSE Arca’’) filed with the
Commission, 100 F Street NE., Securities and Exchange Commission
trading decisions. Washington, DC 20549–1090.
The existence of numerous (‘‘Commission’’) the proposed rule
alternatives to the Exchange’s products, All submissions should refer to File change as described in Items I and II
including consolidated data and Number SR–C2–2016–025. This file below, which Items have been prepared
proprietary data from other sources, number should be included on the by the self-regulatory organization. The
ensures that the Exchange cannot set subject line if email is used. To help the Commission is publishing this notice to
unreasonable fees, or fees that are Commission process and review your solicit comments on the proposed rule
unreasonably discriminatory, when comments more efficiently, please use change from interested persons.
vendors and subscribers can elect these only one method. The Commission will
I. Self-Regulatory Organization’s
alternatives or choose not to purchase a post all comments on the Commission’s
Statement of the Terms of Substance of
specific proprietary data product if its Internet Web site (http://www.sec.gov/
the Proposed Rule Change
cost to purchase is not justified by the rules/sro.shtml). Copies of the
submission, all subsequent The Exchange proposes to amend
returns any particular vendor or
amendments, all written statements NYSE Arca Equities Rule 7.35(a)(10)(A)
subscriber would achieve through the
with respect to the proposed rule to extend the period for the current
purchase.
change that are filed with the Trading Halt Auction Collar price collar.
C. Self-Regulatory Organization’s Commission, and all written The proposed rule change is available
Statement on Comments on the communications relating to the on the Exchange’s Web site at
Proposed Rule Change Received From proposed rule change between the www.nyse.com, at the principal office of
Members, Participants, or Others Commission and any person, other than the Exchange, and at the Commission’s
The Exchange neither solicited nor those that may be withheld from the Public Reference Room.
received comments on the proposed public in accordance with the II. Self-Regulatory Organization’s
rule change. provisions of 5 U.S.C. 552, will be Statement of the Purpose of, and
available for Web site viewing and Statutory Basis for, the Proposed Rule
III. Date of Effectiveness of the printing in the Commission’s Public
Proposed Rule Change and Timing for Change
Reference Room, 100 F Street NE.,
Commission Action Washington, DC 20549 on official In its filing with the Commission, the
The foregoing rule change has become business days between the hours of self-regulatory organization included
effective pursuant to Section 19(b)(3)(A) 10:00 a.m. and 3:00 p.m. Copies of such statements concerning the purpose of,
of the Act 25 and paragraph (f) of Rule filing also will be available for and basis for, the proposed rule change
19b–4 26 thereunder. At any time within inspection and copying at the principal and discussed any comments it received
60 days of the filing of the proposed rule office of the Exchange. All comments on the proposed rule change. The text
change, the Commission summarily may received will be posted without change; of those statements may be examined at
temporarily suspend such rule change if the Commission does not edit personal the places specified in Item IV below.
it appears to the Commission that such identifying information from The Exchange has prepared summaries,
action is necessary or appropriate in the submissions. You should submit only set forth in sections A, B, and C below,
public interest, for the protection of information that you wish to make of the most significant parts of such
investors, or otherwise in furtherance of available publicly. All submissions statements.
the purposes of the Act. If the should refer to File Number SR–C2– A. Self-Regulatory Organization’s
Commission takes such action, the 2016–025, and should be submitted on Statement of the Purpose of, and the
Commission will institute proceedings or before January 26, 2017. Statutory Basis for, the Proposed Rule
to determine whether the proposed rule For the Commission, by the Division of Change
change should be approved or Trading and Markets, pursuant to delegated 1. Purpose
mstockstill on DSK3G9T082PROD with NOTICES
disapproved. authority.27
Eduardo A. Aleman, The Exchange proposes to amend
IV. Solicitation of Comments NYSE Arca Equities Rule 7.35(a)(10)(A)
Assistant Secretary.
Interested persons are invited to (‘‘Rule 7.35’’) to extend the period for
submit written data, views, and [FR Doc. 2016–31942 Filed 1–4–17; 8:45 am]
BILLING CODE 8011–01–P 1 15 U.S.C. 78s(b)(1).
25 15 U.S.C. 78s(b)(3)(A). 2 15 U.S.C. 78a.
26 17 CFR 240.19b–4(f). 27 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.
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![Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices 1421
Twelfth Amendment to the LULD Plan Commission summarily may submissions. You should submit only
and the Exchange’s Trading Halt temporarily suspend such rule change if information that you wish to make
Auction Filing. Until such time as these it appears to the Commission that such available publicly. All submissions
proposed changes have been approved action is necessary or appropriate in the should refer to File Number SR–
and operative, the price collar public interest, for the protection of NYSEArca–2016–169 and should be
thresholds for Trading Halt Auctions investors, or otherwise in furtherance of submitted on or before January 26, 2017.
would continue to be aligned with the the purposes of the Act. If the For the Commission, by the Division of
clearly erroneous execution guidelines Commission takes such action, the Trading and Markets, pursuant to delegated
and therefore continuing with these Commission shall institute proceedings authority.16
price collar thresholds would reduce the to determine whether the proposed rule Eduardo A. Aleman,
potential for a Trading Halt Auction to change should be approved or Assistant Secretary.
be a clearly erroneous execution. In disapproved.
[FR Doc. 2016–31937 Filed 1–4–17; 8:45 am]
addition, the Exchange believes that
IV. Solicitation of Comments BILLING CODE 8011–01–P
extending the Exchange’s interim
measure pending Commission approval Interested persons are invited to
of the Twelfth Amendment to the LULD submit written data, views, and
Plan and the Trading Halt Auction arguments concerning the foregoing, SURFACE TRANSPORTATION BOARD
Filing would be consistent with the including whether the proposed rule
protection of investors and the public change is consistent with the Act. 60-Day Notice of Intent To Seek
interest. Comments may be submitted by any of Approval of an Existing Collection in
the following methods: Use Without an OMB Control Number:
B. Self-Regulatory Organization’s Dispute Resolution Procedures Under
Statement on Burden on Competition Electronic Comments the Fixing America’s Surface
The Exchange does not believe that • Use the Commission’s Internet Transportation Act of 2015
the proposed rule change will impose comment form (http://www.sec.gov/
Surface Transportation Board.
AGENCY:
any burden on competition that is not rules/sro.shtml); or
• Send an email to rule-comments@ Notice and request for
ACTION:
necessary or appropriate in furtherance
sec.gov. Please include File Number SR– comments.
of the purposes of the Act. The
proposed change is not designed to NYSEArca–2016–169 on the subject SUMMARY: As part of its continuing effort
address any competitive issue but rather line. to reduce paperwork burdens, and as
to provide for the interim price collar Paper Comments required by the Paperwork Reduction
thresholds for Trading Halt Auctions on Act of 1995 (PRA), the Surface
the Exchange to remain in effect until • Send paper comments in triplicate
to Secretary, Securities and Exchange Transportation Board (STB or Board)
the Trading Halt Auction Filing is gives notice that it is requesting from
approved and operative. Commission, 100 F Street NE.,
Washington, DC 20549–1090. the Office of Management and Budget
C. Self-Regulatory Organization’s (OMB) approval of a new collection to
All submissions should refer to File
Statement on Comments on the implement a directive of the Fixing
Number SR–NYSEArca–2016–169. This
Proposed Rule Change Received From America’s Surface Transportation Act of
file number should be included on the
Members, Participants, or Others 2015, FAST Act). Title XI of the FAST
subject line if email is used. To help the
Act, entitled ‘‘Passenger Rail Reform
No written comments were solicited Commission process and review your
and Investment Act of 2015,’’ gives the
or received with respect to the proposed comments more efficiently, please use
Board jurisdiction to resolve cost
rule change. only one method. The Commission will
allocation and access disputes between
post all comments on the Commission’s
III. Date of Effectiveness of the National Railroad Passenger Corporation
Internet Web site (http://www.sec.gov/
Proposed Rule Change and Timing for (Amtrak), the states, and potential non-
rules/sro.shtml). Copies of the
Commission Action Amtrak operators of intercity passenger
submission, all subsequent
Because the proposed rule change rail service. The FAST Act directs the
amendments, all written statements
does not: (i) Significantly affect the Board to establish procedures for the
with respect to the proposed rule
protection of investors or the public resolution of these disputes, ‘‘which
change that are filed with the
interest; (ii) impose any significant may include the provision of
Commission, and all written
burden on competition; and (iii) become professional mediation services.’’ The
communications relating to the
operative for 30 days from the date on Board adopted final rules to implement
proposed rule change between the
which it was filed, or such shorter time these procedures in Dispute Resolution
Commission and any person, other than
as the Commission may designate, it has Procedures Under the Fixing America’s
those that may be withheld from the
become effective pursuant to Section Surface Transportation Act of 2015, EP
public in accordance with the
19(b)(3)(A) of the Act 14 and Rule 19b– 734 (STB served Nov. 29, 2016). Due to
provisions of 5 U.S.C. 552, will be
4(f)(6) thereunder.15 a technical omission in the notice of
available for Web site viewing and
At any time within 60 days of the proposed rulemaking in EP 734 under
printing in the Commission’s Public
filing of the proposed rule change, the the PRA, the Board is seeking OMB
Reference Room, 100 F Street NE.,
approval for this collection in this
Washington, DC 20549 on official
14 15 U.S.C. 78s(b)(3)(A). notice.
business days between the hours of
mstockstill on DSK3G9T082PROD with NOTICES
15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
10:00 a.m. and 3:00 p.m. Copies of the DATES: Comments on this information
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to filing also will be available for collection should be submitted by
file the proposed rule change, along with a brief inspection and copying at the principal March 6, 2017.
description and the text of the proposed rule office of the Exchange. All comments ADDRESSES: Direct all comments to
change, at least five business days prior to the date
of filing of the proposed rule change, or such
received will be posted without change; Chris Oehrle, PRA Officer, Surface
shorter time as designated by the Commission. The the Commission does not edit personal
Exchange has satisfied this requirement. identifying information from 16 17 CFR 200.30–3(a)(12).
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Document Created: 2018-02-01 14:51:12
Document Modified: 2018-02-01 14:51:12
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