82_FR_14289 82 FR 14238 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Data Collection Requirements in Rule 3317

82 FR 14238 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Data Collection Requirements in Rule 3317

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 51 (March 17, 2017)

Page Range14238-14240
FR Document2017-05341

Federal Register, Volume 82 Issue 51 (Friday, March 17, 2017)
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14238-14240]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05341]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80226; File No. SR-Phlx-2017-22]


Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the Data 
Collection Requirements in Rule 3317

March 13, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on February 28, 2017, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II, below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit

[[Page 14239]]

comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 3317 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 on the Exchange's 
Web site at http://nasdaqphlx.cchwallstreet.com/ com/, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    Rule 3317(b) (Compliance with Data Collection Requirements) \3\ 
implements the data collection and Web site publication requirements of 
the Plan.\4\ Commentary .08 to Rule 3317 provides, among other things, 
that the requirement that the Exchange make certain data publicly 
available on the Exchange Web site pursuant to Appendix B and C to the 
Plan shall commence at the beginning of the Pilot Period,\5\ and that 
Phlx shall make data for the Pre-Pilot Period publicly available on the 
Exchange Web site pursuant to Appendix B and C to the Plan by February 
28, 2017.\6\
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    \3\ See Rule 3317(b). See also Securities Exchange Act Release 
No. 77458 (March 28, 2016), 81 FR 18919 (April 1, 2016) (SR-Phlx-
2016-39).
    \4\ 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).
    \5\ Unless otherwise defined herein, capitalized terms have the 
meaning ascribed to them in Rule 3317.
    \6\ 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, FINRA, dated November 30, 2016; see also 
Securities Exchange Act Release No. 79545 (December 14, 2016), 81 FR 
92916 (December 20, 2016) (SR-Phlx-2016-118).
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    Phlx is proposing amendments to Commentary .08 to Rule 3317 to 
delay the date by which Pre-Pilot and Pilot Appendix B data is to be 
made publicly available on the Exchange'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 
Web site on February 28, 2017, and, thereafter, on the original 30-day 
schedule.\7\ As some of the data reporting requirements set forth in 
Rule 3317 require members to report data to their Designated Examining 
Authority (``DEA''), which may not be Phlx, the Exchange is also 
proposing to add references in Commentary .08 to reflect the fact that 
the Exchange or the DEA may be publishing such data.
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    \7\ Since, under Rule 3317(b)(4), Phlx is not independently 
publishing Market Maker profitability data collected pursuant to 
Item I of Appendix C of the Plan, no corresponding change to the 
language of Rule 3317(b)(4) relating to the timing of the 
publication of Appendix C data for the Pilot Period is needed.
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    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, Phlx 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 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\ In connection with its filing to implement a similar change 
in its rules, the Financial Industry Regulatory Authority, Inc. is 
also is submitting an exemptive request to the SEC on behalf of all 
Plan Participants requesting relief from the relevant requirements 
of the Plan.
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    Phlx has filed the proposed rule change for immediate 
effectiveness. 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 
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. Phlx also believes that the proposal is consistent with 
Section 6(b)(8) of the Act,\13\ which requires that Exchange rules not 
impose any burden on competition that is not necessary or appropriate.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    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. Phlx 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 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change 
implements the provisions of the Plan.

[[Page 14240]]

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

    No written comments were either solicited or received.

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

    Because the 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 \14\ and Rule 19b-
4(f)(6) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
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    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.\16\ 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.
---------------------------------------------------------------------------

    \16\ 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.\17\ 
Delaying publication of Exchange's Appendix B data \18\ 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.\19\
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    \17\ 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.
    \18\ 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-NYSE-2017-10; SR-
NYSEArca-2017-19; SR-NYSEMKT-2017-11.
    \19\ 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, 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-Phlx-2017-22 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-Phlx-2017-22. 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-Phlx-2017-22, and should be 
submitted on or before April 7, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05341 Filed 3-16-17; 8:45 am]
BILLING CODE 8011-01-P



                                                    14238                           Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices

                                                    does not routinely edit comment                         III. Specific Requests for Comments.                  telephone (202) 268–4570, email
                                                    submissions to remove such information                    The NRC is seeking comments that                    davon.m.collins@usps.gov.
                                                    before making the comment                               address the following questions:                      SUPPLEMENTARY INFORMATION: This
                                                    submissions available to the public or                    1. Is the proposed collection of                    notice concerns a proposed purchase of
                                                    entering the comment into ADAMS.                        information necessary for the NRC to                  commercial off-the-shelf (COTS)
                                                    II. Background                                          properly perform its functions? Does the              delivery vehicles, and the intent of the
                                                                                                            information have practical utility?                   Postal Service, pursuant to the
                                                       In accordance with the Paperwork                                                                           requirements of the National
                                                                                                              2. Is the estimate of the burden of the
                                                    Reduction Act of 1995 (44 U.S.C.                                                                              Environmental Policy Act (NEPA) of
                                                                                                            information collection accurate?
                                                    Chapter 35), the NRC is requesting                                                                            1969, its implementing procedures at 39
                                                                                                              3. Is there a way to enhance the
                                                    public comment on its intention to                                                                            CFR 775, and the President’s Council on
                                                                                                            quality, utility, and clarity of the
                                                    request the OMB’s approval for the                                                                            Environmental Quality Regulations (40
                                                                                                            information to be collected?
                                                    information collection summarized                                                                             CFR parts 1500–1508), to prepare a PEA
                                                                                                              4. How can the burden of the
                                                    below.                                                                                                        to evaluate the environmental impacts
                                                                                                            information collection on respondents
                                                       1. The title of the information                      be minimized, including the use of                    of the proposed action versus the
                                                    collection: Comprehensive                               automated collection techniques or                    alternatives of leasing the vehicles in
                                                    Decommissioning Program, Including                      other forms of information technology?                lieu of purchase, or taking no action.
                                                    Annual Data Collection.                                                                                          To stabilize its delivery fleet pending
                                                       2. OMB approval number: 3150–0206.                     Dated at Rockville, Maryland, this 13th day         the development of a longer-term
                                                                                                            of March 2017.                                        solution to its vehicle needs, the Postal
                                                       3. Type of submission: Extension.
                                                       4. The form number, if applicable:                     For the Nuclear Regulatory Commission.              Service is considering the purchase of
                                                    N/A                                                     David Cullison,                                       approximately 25,000 left-hand drive
                                                       5. How often the collection is required              NRC Clearance Officer, Office of the Chief            and right-hand drive COTS delivery
                                                    or requested: Annually.                                 Information Officer.                                  vehicles to accommodate route growth
                                                       6. Who will be required or asked to                  [FR Doc. 2017–05355 Filed 3–16–17; 8:45 am]           over the next three years and to replace
                                                    respond: All Agreement States who                       BILLING CODE 7590–01–P                                approximately 18,000 aged and high-
                                                    have signed Section 274(b) Agreements                                                                         maintenance cost vehicles. The
                                                    with the NRC.                                                                                                 prospective PEA will be prepared in
                                                       7. The estimated number of annual                                                                          accordance with NEPA, and will
                                                                                                            POSTAL SERVICE                                        consider the physical, biological,
                                                    responses: 69 (45 responses from
                                                    Agreement States with sites of interest                 Notice of Intent To Prepare a                         cultural, and socioeconomic
                                                    +24 responses from Agreement States                     Programmatic Environmental                            environments. To assist in this process,
                                                    with no sites of interest).                             Assessment for the Purchase of                        the Postal Service is soliciting the
                                                       8. The estimated number of annual                    Commercial Vehicles                                   public’s input and comments.
                                                    respondents: 37 (13 Agreement States                                                                          Stanley F. Mires,
                                                    respondents with sites of interest +24                  AGENCY: Postal Service.
                                                                                                                                                                  Attorney, Federal Compliance.
                                                    Agreement States respondents with no                    ACTION: Notice of intent to prepare a
                                                                                                                                                                  [FR Doc. 2017–05304 Filed 3–16–17; 8:45 am]
                                                    sites of interest).                                     Programmatic Environmental
                                                                                                                                                                  BILLING CODE 7710–12–P
                                                       9. The estimated number of hours                     Assessment.
                                                    needed annually to comply with the
                                                    information collection requirement or                   SUMMARY:   To comply with the
                                                                                                            requirements of the National                          SECURITIES AND EXCHANGE
                                                    request: 432 (360 hours from Agreement
                                                                                                            Environmental Policy Act (NEPA), the                  COMMISSION
                                                    States with sites of interest +72 hours
                                                    from Agreement States with no sites of                  Postal Service intends to prepare a                   [Release No. 34–80226; File No. SR–Phlx–
                                                    interest).                                              Programmatic Environmental                            2017–22]
                                                       10. Abstract: The Agreement States                   Assessment (PEA) for the purchase of
                                                    will be asked to provide information                    commercial off-the-shelf (COTS)                       Self-Regulatory Organizations;
                                                    about uranium recovery and complex                      delivery vehicles to accommodate route                NASDAQ PHLX LLC; Notice of Filing
                                                    sites undergoing decommissioning                        growth and replace aged, high-                        and Immediate Effectiveness of
                                                    regulated by the Agreement States on an                 maintenance vehicles over the next                    Proposed Rule Change To Amend the
                                                    annual basis. The information request                   three years. This PEA will evaluate the               Data Collection Requirements in Rule
                                                    will allow the NRC to compile, in a                     environmental impacts of the proposed                 3317
                                                    centralized location, more complete                     action versus the alternatives of leasing
                                                                                                                                                                  March 13, 2017.
                                                    information on the status of                            the vehicles in lieu of purchase, and
                                                                                                            taking no action.                                        Pursuant to Section 19(b)(1) of the
                                                    decommissioning and decontamination                                                                           Securities Exchange Act of 1934
                                                    in the United States in order to provide                DATES: Comments should be received no                 (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    a national perspective on                               later than April 3, 2017. In May of 2017,             notice is hereby given that on February
                                                    decommissioning. The information will                   the Postal Service will publish a Notice              28, 2017, NASDAQ PHLX LLC (‘‘Phlx’’
                                                    be made available to the public by the                  of Availability to announce the                       or ‘‘Exchange’’) filed with the Securities
                                                    NRC in order to ensure openness and                     availability of the Draft PEA and solicit
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  and Exchange Commission (‘‘SEC’’ or
                                                    promote communication to enhance                        comments on the Draft PEA during a                    ‘‘Commission’’) the proposed rule
                                                    public knowledge of the national                        second 15-day public comment period.                  change as described in Items I and II,
                                                    decommissioning program. This does                      ADDRESSES: Interested parties may                     below, which Items have been prepared
                                                    not apply to information, such as trade                 direct comments, questions, or requests               by the Exchange. The Commission is
                                                    secrets and commercial or financial                     for additional information to: Davon                  publishing this notice to solicit
                                                    information provided by the Agreement                   Collins, Environmental Counsel, U.S.
                                                    States, that is considered privileged or                Postal Service, Room 6333, 475 L’Enfant                 1 15   U.S.C. 78s(b)(1).
                                                    confidential.                                           Plaza SW., Washington, DC 20260,                        2 17   CFR 240.19b–4.



                                               VerDate Sep<11>2014   20:02 Mar 16, 2017   Jkt 241001   PO 00000   Frm 00041   Fmt 4703   Sfmt 4703   E:\FR\FM\17MRN1.SGM     17MRN1


                                                                                    Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices                                                     14239

                                                    comments on the proposed rule change                    available on the Exchange Web site                     to OTC activity in furtherance of the
                                                    from interested persons.                                pursuant to Appendix B and C to the                    objectives of the Plan.10 Pursuant to this
                                                                                                            Plan by February 28, 2017.6                            amendment, Appendix B data
                                                    I. Self-Regulatory Organization’s
                                                                                                               Phlx is proposing amendments to                     publication will be delayed until April
                                                    Statement of the Terms of Substance of
                                                                                                            Commentary .08 to Rule 3317 to delay                   28, 2017. The Participants anticipate
                                                    the Proposed Rule Change
                                                                                                            the date by which Pre-Pilot and Pilot                  filing additional proposed rule changes
                                                       The Exchange proposes to amend                       Appendix B data is to be made publicly                 to address Appendix B data publication.
                                                    Rule 3317 to modify the date of                         available on the Exchange’s Web site                      Phlx has filed the proposed rule
                                                    Appendix B Web site data publication                    from February 28, 2017, until April 28,                change for immediate effectiveness. The
                                                    pursuant to the Regulation NMS Plan to                  2017. Appendix C data for the Pre-Pilot                operative date of the proposed rule
                                                    Implement a Tick Size Pilot Program                     Period through the month of January                    change will be the date of filing.
                                                    (‘‘Plan’’).                                             2017 will be published on the
                                                       The text of the proposed rule change                 Exchange’s Web site on February 28,                    2. Statutory Basis
                                                    is available on the Exchange’s Web site                 2017, and, thereafter, on the original 30-
                                                    at http://nasdaqphlx.cchwallstreet.                     day schedule.7 As some of the data                        The Exchange believes that its
                                                    com/, at the principal office of the                    reporting requirements set forth in Rule               proposal is consistent with Section 6(b)
                                                    Exchange, and at the Commission’s                       3317 require members to report data to                 of the Act,11 in general, and furthers the
                                                    Public Reference Room.                                  their Designated Examining Authority                   objectives of Section 6(b)(5) of the Act,12
                                                                                                            (‘‘DEA’’), which may not be Phlx, the                  in particular, in that it is designed to
                                                    II. Self-Regulatory Organization’s                                                                             promote just and equitable principles of
                                                    Statement of the Purpose of, and                        Exchange is also proposing to add
                                                                                                            references in Commentary .08 to reflect                trade, to remove impediments to and
                                                    Statutory Basis for, the Proposed Rule
                                                                                                            the fact that the Exchange or the DEA                  perfect the mechanism of a free and
                                                    Change
                                                                                                            may be publishing such data.                           open market and a national market
                                                      In its filing with the Commission, the                   In the SRO Tick Size Plan Proposal,                 system, and, in general to protect
                                                    Exchange included statements                            the Participants stated that the public                investors and the public interest. Phlx
                                                    concerning the purpose of and basis for                 data will be made available for free ‘‘on              also believes that the proposal is
                                                    the proposed rule change and discussed                  a disaggregated basis by trading center’’              consistent with Section 6(b)(8) of the
                                                    any comments it received on the                         on the Web sites of the Participants and               Act,13 which requires that Exchange
                                                    proposed rule change. The text of these                 the Designated Examining Authorities.8                 rules not impose any burden on
                                                    statements may be examined at the                       However, market participants have                      competition that is not necessary or
                                                    places specified in Item IV below. The                  expressed confidentiality concerns                     appropriate.
                                                    Exchange has prepared summaries, set                    regarding this approach for over-the-                     The Plan is designed to allow the
                                                    forth in sections A, B, and C below, of                 counter (‘‘OTC’’) data.9 Thus, Phlx is                 Commission, market participants, and
                                                    the most significant aspects of such                    filing the instant proposed rule change                the public to study and assess the
                                                    statements.                                             to provide additional time to assess a                 impact of increment conventions on the
                                                    A. Self-Regulatory Organization’s                       means of addressing the confidentiality                liquidity and trading of the common
                                                    Statement of the Purpose of, and the                    concerns raised in connection with the                 stock of small-capitalization companies.
                                                    Statutory Basis for, the Proposed Rule                  publication of Appendix B data related                 Phlx believes that this proposal is
                                                    Change                                                                                                         consistent with the Act because it is in
                                                                                                               6 On November 30, 2016, the SEC granted
                                                                                                                                                                   furtherance of the objectives of Section
                                                    1. Purpose                                              exemptive relief to the Participants to, among other
                                                                                                                                                                   VII(A) of the Plan in that it is designed
                                                                                                            things, delay the publication of Web site data
                                                      Rule 3317(b) (Compliance with Data                    pursuant to Appendices B and C to the Plan until       to provide the Exchange with additional
                                                    Collection Requirements) 3 implements                   February 28, 2017, and to delay the ongoing Web        time to assess a means of addressing the
                                                    the data collection and Web site                        site publication by ninety days such that data         confidentiality concerns raised in
                                                                                                            would be published within 120 calendar days
                                                    publication requirements of the Plan.4                  following the end of the month. See Letter from
                                                                                                                                                                   connection with the publication of
                                                    Commentary .08 to Rule 3317 provides,                   David S. Shillman, Associate Director, Division of     Appendix B data, to comply with the
                                                    among other things, that the                            Trading and Markets, Commission, to Marcia E.          Plan’s requirements that the data made
                                                    requirement that the Exchange make                      Asquith, Senior Vice President and Corporate           publicly available will not identify the
                                                                                                            Secretary, FINRA, dated November 30, 2016; see
                                                    certain data publicly available on the                  also Securities Exchange Act Release No. 79545
                                                                                                                                                                   trading center that generated the data.
                                                    Exchange Web site pursuant to                           (December 14, 2016), 81 FR 92916 (December 20,
                                                    Appendix B and C to the Plan shall                      2016) (SR–Phlx–2016–118).
                                                                                                                                                                   B. Self-Regulatory Organization’s
                                                    commence at the beginning of the Pilot                     7 Since, under Rule 3317(b)(4), Phlx is not         Statement on Burden on Competition
                                                    Period,5 and that Phlx shall make data                  independently publishing Market Maker
                                                                                                            profitability data collected pursuant to Item I of       The Exchange does not believe that
                                                    for the Pre-Pilot Period publicly                       Appendix C of the Plan, no corresponding change        the proposed rule change will impose
                                                                                                            to the language of Rule 3317(b)(4) relating to the     any burden on competition not
                                                       3 See Rule 3317(b). See also Securities Exchange     timing of the publication of Appendix C data for the
                                                    Act Release No. 77458 (March 28, 2016), 81 FR           Pilot Period is needed.
                                                                                                                                                                   necessary or appropriate in furtherance
                                                    18919 (April 1, 2016) (SR–Phlx–2016–39).                   8 See Securities Exchange Act Release No. 73511     of the purposes of the Act. The
                                                       4 The Participants filed the Plan to comply with     (November 3, 2014), 79 FR 66423 (November 7,           proposed rule change implements the
                                                    an order issued by the Commission on June 24,           2014) (Notice of Filing of Proposed National Market    provisions of the Plan.
                                                    2014. See Letter from Brendon J. Weiss, Vice            System Plan to Implement a Tick Size Pilot Program
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                                                    President, Intercontinental Exchange, Inc., to          on a One-Year Pilot Basis, File No. 4–657) (‘‘Tick
                                                                                                                                                                     10 In connection with its filing to implement a
                                                    Secretary, Commission, dated August 25, 2014            Size Plan Proposal’’).
                                                    (‘‘SRO Tick Size Plan Proposal’’). See Securities          9 See letters from Adam C. Cooper, Senior           similar change in its rules, the Financial Industry
                                                    Exchange Act Release No 72460 (June 24, 2014), 79       Managing Director and Chief Legal Officer, Citadel     Regulatory Authority, Inc. is also is submitting an
                                                    FR 36840 (June 30, 2014); see also Securities           Securities, to Brent J. Fields, Secretary,             exemptive request to the SEC on behalf of all Plan
                                                    Exchange Act Release No. 74892 (May 6, 2015), 80        Commission, dated December 21, 2016 (‘‘Citadel         Participants requesting relief from the relevant
                                                    FR 27513 (May 13, 2015).                                letter’’); and William Hebert, Managing Director,      requirements of the Plan.
                                                       5 Unless otherwise defined herein, capitalized                                                                11 15 U.S.C. 78f(b).
                                                                                                            Financial Information Forum, to Robert W. Errett,
                                                                                                                                                                     12 15 U.S.C. 78f(b)(5).
                                                    terms have the meaning ascribed to them in Rule         Deputy Secretary, Commission, dated December 21,
                                                    3317.                                                   2016 (‘‘FIF letter’’).                                   13 15 U.S.C. 78f(b)(8).




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                                                    14240                           Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices

                                                    C. Self-Regulatory Organization’s                       B data.17 Delaying publication of                     post all comments on the Commission’s
                                                    Statement on Comments on the                            Exchange’s Appendix B data 18 will                    Internet Web site (http://www.sec.gov/
                                                    Proposed Rule Change Received From                      prevent the publication of partial (i.e.,             rules/sro.shtml). Copies of the
                                                    Members, Participants, or Others                        Exchange-only) Appendix B data                        submission, all subsequent
                                                                                                            required under the Plan. Therefore, the               amendments, all written statements
                                                      No written comments were either                                                                             with respect to the proposed rule
                                                                                                            Commission hereby waives the 30-day
                                                    solicited or received.                                                                                        change that are filed with the
                                                                                                            operative delay and designates the
                                                    III. Date of Effectiveness of the                       proposed rule change to be operative on               Commission, and all written
                                                    Proposed Rule Change and Timing for                     February 28, 2017.19                                  communications relating to the
                                                    Commission Action                                          At any time within 60 days of the                  proposed rule change between the
                                                                                                            filing of the proposed rule change, the               Commission and any person, other than
                                                       Because the foregoing proposed rule                  Commission summarily may                              those that may be withheld from the
                                                    change does not: (i) Significantly affect               temporarily suspend such rule change if               public in accordance with the
                                                    the protection of investors or the public               it appears to the Commission that such                provisions of 5 U.S.C. 552, will be
                                                    interest; (ii) impose any significant                   action is necessary or appropriate in the             available for Web site viewing and
                                                    burden on competition; and (iii) become                 public interest, for the protection of                printing in the Commission’s Public
                                                    operative for 30 days from the date on                  investors, or otherwise in furtherance of             Reference Room, 100 F Street NE.,
                                                    which it was filed, or such shorter time                the purposes of the Act. If the                       Washington, DC 20549, on official
                                                    as the Commission may designate, it has                 Commission takes such action, the                     business days between the hours of
                                                    become effective pursuant to Section                    Commission shall institute proceedings                10:00 a.m. and 3:00 p.m. Copies of the
                                                    19(b)(3)(A) of the Act 14 and Rule 19b–                 to determine whether the proposed rule                filing also will be available for
                                                    4(f)(6) thereunder.15                                   should be approved or disapproved.                    inspection and copying at the principal
                                                       A proposed rule change filed under                                                                         office of the Exchange. All comments
                                                    Rule 19b–4(f)(6) normally does not                      IV. Solicitation of Comments                          received will be posted without change;
                                                    become operative prior to 30 days after                   Interested persons are invited to                   the Commission does not edit personal
                                                    the date of the filing. However, pursuant               submit written data, views, and                       identifying information from
                                                    to Rule 19b–4(f)(6)(iii), the Commission                arguments concerning the foregoing,                   submissions. You should submit only
                                                    may designate a shorter time if such                    including whether the proposed rule                   information that you wish to make
                                                    action is consistent with the protection                change is consistent with the Act.                    available publicly. All submissions
                                                    of investors and the public interest. The               Comments may be submitted by any of                   should refer to File Number SR–Phlx–
                                                    Exchange has filed the proposed rule                    the following methods:                                2017–22, and should be submitted on or
                                                    change for immediate effectiveness and                                                                        before April 7, 2017.
                                                    has requested that the Commission                       Electronic Comments
                                                                                                                                                                    For the Commission, by the Division of
                                                    waive the requirement that the proposed                   • Use the Commission’s Internet                     Trading and Markets, pursuant to delegated
                                                    rule change not become operative for 30                 comment form (http://www.sec.gov/                     authority.20
                                                    days after the date of the filing so that               rules/sro.shtml); or                                  Eduardo A. Aleman,
                                                    it may become operative on February                       • Send an email to rule-comments@                   Assistant Secretary.
                                                    28, 2017.                                               sec.gov. Please include File Number SR–               [FR Doc. 2017–05341 Filed 3–16–17; 8:45 am]
                                                       The Exchange notes that the proposed                 Phlx–2017–22 on the subject line.                     BILLING CODE 8011–01–P
                                                    rule change is intended to address                      Paper Comments
                                                    confidentiality concerns raised in
                                                    connection with the publication of OTC                    • Send paper comments in triplicate                 SECURITIES AND EXCHANGE
                                                    Appendix B data by permitting the                       to Secretary, Securities and Exchange                 COMMISSION
                                                    Exchange to delay Web site publication                  Commission, 100 F Street NE.,
                                                                                                            Washington, DC 20549–1090.                            [Release No. 34–80223; File No. SR–IEX–
                                                    of its Appendix B data from February                                                                          2016–18]
                                                    28, 2017 to April 28, 2017.16 The                       All submissions should refer to File
                                                    Exchange notes that the delay would                     Number SR–Phlx–2017–22. This file                     Self-Regulatory Organizations;
                                                    provide additional time to assess a                     number should be included on the                      Investors Exchange, LLC; Order
                                                    means of addressing the confidentiality                 subject line if email is used. To help the            Granting Approval to a Proposed Rule
                                                    concerns. The Exchange notes that it                    Commission process and review your                    Change To: (i) Amend Rules
                                                    expects Participants to file proposed                   comments more efficiently, please use                 11.190(a)(3) and 11.190(b)(8) To Modify
                                                    rule changes related to publishing                      only one method. The Commission will                  the Operation of the Primary Peg Order
                                                    Appendix B data.                                                                                              Type; (ii) Amend Rule
                                                                                                               17 The Commission notes that FINRA has filed a
                                                       The Commission believes that                                                                               11.190(h)(3)(C)(ii) and (D)(ii) Regarding
                                                                                                            proposed rule change that is intended to mitigate
                                                    waiving the 30-day operative delay is                   confidentiality concerns raised by commenters         Price Sliding in Locked and Crossed
                                                    consistent with the protection of                       regarding the publication of OTC Appendix B data.     Markets To Simplify the Price Sliding
                                                    investors and the public interest                       See SR–FINRA–2017–006.                                Process for Both Primary Peg Orders
                                                                                                               18 The Commission notes that other Participants
                                                    because it will allow the Exchange to                                                                         and Discretionary Peg Orders Resting
                                                                                                            have proposed to delay the publication of their
                                                    delay publication of its Appendix B data                Appendix B data until April 28, 2017. See SR–
                                                                                                                                                                  on or Posting to the Order Book; and
                                                    until April 28, 2017. As noted above,                   BatsBYX–2017–05; SR–BatsBZX–2017–15; SR–              (iii) Make Minor Technical Changes To
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                                                    commenters continue to raise concerns                   BatsEDGA–2017–05; SR–BatsEDGX–2017–13; SR–            Conform Certain Terminology
                                                    about the publication of OTC Appendix                   BX–2017–016; SR–CHX–2017–05; SR–FINRA–
                                                                                                            2017–005; SR–IEX–2017–07; SR–NASDAQ–2017–             March 13, 2017.
                                                                                                            024; SR–NYSE–2017–10; SR–NYSEArca–2017–19;
                                                      14 15 U.S.C. 78s(b)(3)(A).                            SR–NYSEMKT–2017–11.                                   I. Introduction
                                                      15 17 CFR 240.19b–4(f)(6).                               19 For purposes only of waiving the operative
                                                      16 See supra note 9. The Commission notes that
                                                                                                                                                                     On November 29, 2016, the Investors
                                                                                                            delay for this proposal, the Commission has
                                                    FINRA has submitted a proposed rule change to           considered the proposed rule’s impact on              Exchange LLC (‘‘Exchange’’) filed with
                                                    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).                                       20 17   CFR 200.30–3(a)(12).



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Document Created: 2017-03-17 02:48:39
Document Modified: 2017-03-17 02:48:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 14238 

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