82_FR_14307 82 FR 14256 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Data Reporting Requirements of Rule 4770

82 FR 14256 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Data Reporting Requirements of Rule 4770

SECURITIES AND EXCHANGE COMMISSION

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

Page Range14256-14258
FR Document2017-05343

Federal Register, Volume 82 Issue 51 (Friday, March 17, 2017)
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14256-14258]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05343]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80228; File No. SR-BX-2017-016]


Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the Data 
Reporting Requirements of Rule 4770

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 BX, Inc. (``BX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II, below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 4770 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://nasdaqbx.cchwallstreet.com/, at the principal office 
of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the

[[Page 14257]]

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 4770(b) (Compliance with Data Collection Requirements) \3\ 
implements the data collection and Web site publication requirements of 
the Plan.\4\ Commentary .08 to Rule 4770 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 
BX 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 4770(b). See also Securities Exchange Act Release 
No. 77457 (March 28, 2016), 81 FR 18913 (April 1, 2016) (SR-BX-2016-
019).
    \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 4770.
    \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. 79549 (December 14, 2016), 81 FR 
92886 (December 20, 2016) (SR-BX-2017-067).
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    BX is proposing amendments to Commentary .08 to Rule 4770 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 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 4770 
require members to report data to their Designated Examining Authority 
(``DEA''), which may not be BX, 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 4770(b)(4), BX 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 4770(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, BX 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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    BX 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 
prevent fraudulent and manipulative acts and practices, 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. BX 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.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78f(b)(8).
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    The Plan is designed to allow the Commission, market participants, 
and the public to study and assess the impact of increment conventions 
on the liquidity and trading of the common stock of small-
capitalization companies. BX 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 BX 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.

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

[[Page 14258]]

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.
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    \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-CHX-2017-05; SR-FINRA-2017-005; SR-IEX-
2017-07; SR-NASDAQ-2017-024; SR-Phlx-2017-22; SR-NYSE-2017-10; SR-
NYSEArca-2017-19; SR-NYSEMKT-2017-11.
    \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).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BX-2017-016 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-BX-2017-016. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BX-2017-016, and should be 
submitted on or before April 7, 2017.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05343 Filed 3-16-17; 8:45 am]
BILLING CODE 8011-01-P



                                                    14256                            Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices

                                                    C. Self-Regulatory Organization’s                         action is necessary or appropriate in the            2017–12 and should be submitted on or
                                                    Statement on Comments on the                              public interest, for the protection of               before April 7, 2017.
                                                    Proposed Rule Change Received From                        investors, or otherwise in furtherance of              For the Commission, by the Division of
                                                    Members, Participants, or Others                          the purposes of the Act. If the                      Trading and Markets, pursuant to delegated
                                                      Written comments were neither                           Commission takes such action, the                    authority.33
                                                    solicited nor received.                                   Commission shall institute proceedings               Eduardo A. Aleman,
                                                                                                              to determine whether the proposed rule               Assistant Secretary.
                                                    III. Date of Effectiveness of the                         should be approved or disapproved.                   [FR Doc. 2017–05345 Filed 3–16–17; 8:45 am]
                                                    Proposed Rule Change and Timing for
                                                    Commission Action                                         IV. Solicitation of Comments                         BILLING CODE 8011–01–P

                                                       Because the foregoing proposed rule                      Interested persons are invited to
                                                    change does not: (i) Significantly affect                 submit written data, views, and                      SECURITIES AND EXCHANGE
                                                    the protection of investors or the public                 arguments concerning the foregoing,                  COMMISSION
                                                    interest; (ii) impose any significant                     including whether the proposed rule
                                                    burden on competition; and (iii) become                   change is consistent with the Act.                   [Release No. 34–80228; File No. SR–BX–
                                                                                                                                                                   2017–016]
                                                    operative for 30 days after the date of                   Comments may be submitted by any of
                                                    the filing, or such shorter time as the                   the following methods:                               Self-Regulatory Organizations;
                                                    Commission may designate, it has                          Electronic Comments                                  NASDAQ BX, Inc.; Notice of Filing and
                                                    become effective pursuant to 19(b)(3)(A)                                                                       Immediate Effectiveness of Proposed
                                                    of the Act 28 and Rule 19b–4(f)(6) 29                       • Use the Commission’s Internet
                                                                                                                                                                   Rule Change To Amend the Data
                                                    thereunder.                                               comment form (http://www.sec.gov/
                                                                                                                                                                   Reporting Requirements of Rule 4770
                                                       A proposed rule change filed                           rules/sro.shtml); or
                                                    pursuant to Rule 19b–4(f)(6) under the                      • Send an email to rule-comments@                  March 13, 2017.
                                                    Act 30 normally does not become                           sec.gov. Please include File Number SR-                 Pursuant to Section 19(b)(1) of the
                                                    operative for 30 days after the date of its               MIAX–2017–12 on the subject line.                    Securities Exchange Act of 1934
                                                    filing. However, Rule 19b–4(f)(6)(iii) 31                 Paper Comments                                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    permits the Commission to designate a                                                                          notice is hereby given that on February
                                                    shorter time if such action is consistent                    • Send paper comments in triplicate               28, 2017, NASDAQ BX, Inc. (‘‘BX’’ or
                                                    with the protection of investors and the                  to Secretary, Securities and Exchange                ‘‘Exchange’’) filed with the Securities
                                                    public interest. In its filing with the                   Commission, 100 F Street NE.,                        and Exchange Commission (‘‘SEC’’ or
                                                    Commission, the Exchange has asked                        Washington, DC 20549–1090.                           ‘‘Commission’’) the proposed rule
                                                    the Commission to waive the 30-day                        All submissions should refer to File                 change as described in Items I and II,
                                                    operative delay so that the proposal may                  Number SR–MIAX–2017–12. This file                    below, which Items have been prepared
                                                    become operative immediately upon                         number should be included on the                     by the Exchange. The Commission is
                                                    filing. The Commission believes that                      subject line if email is used. To help the           publishing this notice to solicit
                                                    waiving the 30-day operative delay is                     Commission process and review your                   comments on the proposed rule change
                                                    consistent with the protection of                         comments more efficiently, please use                from interested persons.
                                                    investors and the public interest. The                    only one method. The Commission will                 I. Self-Regulatory Organization’s
                                                    Exchange notes that the Exchange and                      post all comments on the Commission’s                Statement of the Terms of Substance of
                                                    MIAX PEARL have common Members                            Internet Web site (http://www.sec.gov/               the Proposed Rule Change
                                                    and the proposal will provide, where                      rules/sro.shtml). Copies of the
                                                    feasible, consistent functionality                        submission, all subsequent                              The Exchange proposes to amend
                                                    between the Exchange and MIAX                             amendments, all written statements                   Rule 4770 to modify the date of
                                                    PEARL, and thus reduce complexity and                     with respect to the proposed rule                    Appendix B Web site data publication
                                                    avoid potential confusion among                           change that are filed with the                       pursuant to the Regulation NMS Plan to
                                                    Members. Accordingly, the Commission                      Commission, and all written                          Implement a Tick Size Pilot Program
                                                    hereby waives the operative delay and                     communications relating to the                       (‘‘Plan’’).
                                                    designates the proposal operative upon                    proposed rule change between the                        The text of the proposed rule change
                                                    filing.32                                                 Commission and any person, other than                is available on the Exchange’s Web site
                                                       At any time within 60 days of the                      those that may be withheld from the                  at http://nasdaqbx.cchwallstreet.com/,
                                                    filing of the proposed rule change, the                   public in accordance with the                        at the principal office of the Exchange,
                                                    Commission summarily may                                  provisions of 5 U.S.C. 552, will be                  and at the Commission’s Public
                                                    temporarily suspend such rule change if                   available for Web site viewing and                   Reference Room.
                                                    it appears to the Commission that such                    printing in the Commission’s Public                  II. Self-Regulatory Organization’s
                                                                                                              Reference Room, 100 F Street NE.,                    Statement of the Purpose of, and
                                                      28 15  U.S.C. 78s(b)(3)(A).                             Washington, DC 20549, on official                    Statutory Basis for, the Proposed Rule
                                                      29 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      business days between the hours of                   Change
                                                    4(f)(6) requires a self-regulatory organization to give
                                                    the Commission written notice of its intent to file       10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                                      In its filing with the Commission, the
                                                    the proposed rule change at least five business days      filing also will be available for
                                                                                                                                                                   Exchange included statements
                                                    prior to the date of filing of the proposed rule          inspection and copying at the principal
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    change, or such shorter time as designated by the                                                              concerning the purpose of and basis for
                                                                                                              office of the Exchange. All comments
                                                    Commission. The Exchange has satisfied this                                                                    the proposed rule change and discussed
                                                    requirement.                                              received will be posted without change;
                                                                                                                                                                   any comments it received on the
                                                       30 17 CFR 240.19b–4(f)(6).                             the Commission does not edit personal
                                                                                                                                                                   proposed rule change. The text of these
                                                       31 17 CFR 240.19b–4(f)(6)(iii).                        identifying information from
                                                                                                                                                                   statements may be examined at the
                                                       32 For purposes only of waiving the 30-day             submissions. You should submit only
                                                    operative delay, the Commission has also                  information that you wish to make                      33 17 CFR 200.30–3(a)(12).
                                                    considered the proposed rule’s impact on
                                                    efficiency, competition, and capital formation. See
                                                                                                              available publicly. All submissions                    1 15 U.S.C. 78s(b)(1).
                                                    15 U.S.C. 78c(f).                                         should refer to File Number SR–MIAX–                   2 17 CFR 240.19b–4.




                                               VerDate Sep<11>2014    20:02 Mar 16, 2017   Jkt 241001   PO 00000   Frm 00059   Fmt 4703   Sfmt 4703   E:\FR\FM\17MRN1.SGM    17MRN1


                                                                                    Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices                                            14257

                                                    places specified in Item IV below. The                  requirements set forth in Rule 4770                    general to protect investors and the
                                                    Exchange has prepared summaries, set                    require members to report data to their                public interest. BX also believes that the
                                                    forth in sections A, B, and C below, of                 Designated Examining Authority                         proposal is consistent with Section
                                                    the most significant aspects of such                    (‘‘DEA’’), which may not be BX, the                    6(b)(8) of the Act,13 which requires that
                                                    statements.                                             Exchange is also proposing to add                      Exchange rules not impose any burden
                                                                                                            references in Commentary .08 to reflect                on competition that is not necessary or
                                                    A. Self-Regulatory Organization’s
                                                                                                            the fact that the Exchange or the DEA                  appropriate.
                                                    Statement of the Purpose of, and the
                                                                                                            may be publishing such data.                              The Plan is designed to allow the
                                                    Statutory Basis for, the Proposed Rule                     In the SRO Tick Size Plan Proposal,                 Commission, market participants, and
                                                    Change                                                  the Participants stated that the public                the public to study and assess the
                                                    1. Purpose                                              data will be made available for free ‘‘on              impact of increment conventions on the
                                                       Rule 4770(b) (Compliance with Data                   a disaggregated basis by trading center’’              liquidity and trading of the common
                                                    Collection Requirements) 3 implements                   on the Web sites of the Participants and               stock of small-capitalization companies.
                                                    the data collection and Web site                        the Designated Examining Authorities.8                 BX believes that this proposal is
                                                    publication requirements of the Plan.4                  However, market participants have                      consistent with the Act because it is in
                                                    Commentary .08 to Rule 4770 provides,                   expressed confidentiality concerns                     furtherance of the objectives of Section
                                                    among other things, that the                            regarding this approach for over-the-                  VII(A) of the Plan in that it is designed
                                                    requirement that the Exchange make                      counter (‘‘OTC’’) data.9 Thus, BX is                   to provide BX with additional time to
                                                    certain data publicly available on the                  filing the instant proposed rule change                assess a means of addressing the
                                                    Exchange Web site pursuant to                           to provide additional time to assess a                 confidentiality concerns raised in
                                                    Appendix B and C to the Plan shall                      means of addressing the confidentiality                connection with the publication of
                                                    commence at the beginning of the Pilot                  concerns raised in connection with the                 Appendix B data, to comply with the
                                                    Period,5 and that BX shall make data for                publication of Appendix B data related                 Plan’s requirements that the data made
                                                    the Pre-Pilot Period publicly available                 to OTC activity in furtherance of the                  publicly available will not identify the
                                                    on the Exchange Web site pursuant to                    objectives of the Plan.10 Pursuant to this             trading center that generated the data.
                                                    Appendix B and C to the Plan by                         amendment, Appendix B data
                                                                                                            publication will be delayed until April                B. Self-Regulatory Organization’s
                                                    February 28, 2017.6                                                                                            Statement on Burden on Competition
                                                       BX is proposing amendments to                        28, 2017. The Participants anticipate
                                                    Commentary .08 to Rule 4770 to delay                    filing additional proposed rule changes                  The Exchange does not believe that
                                                    the date by which Pre-Pilot and Pilot                   to address Appendix B data publication.                the proposed rule change will impose
                                                    Appendix B data is to be made publicly                     BX has filed the proposed rule change               any burden on competition not
                                                    available on the Exchange’s Web site                    for immediate effectiveness. The                       necessary or appropriate in furtherance
                                                    from February 28, 2017, until April 28,                 operative date of the proposed rule                    of the purposes of the Act. The
                                                    2017. Appendix C data for the Pre-Pilot                 change will be the date of filing.                     proposed rule change implements the
                                                    Period through the month of January                     2. Statutory Basis                                     provisions of the Plan.
                                                    2017 will be published on the Exchange                                                                         C. Self-Regulatory Organization’s
                                                    Web site on February 28, 2017, and,                        The Exchange believes that its
                                                                                                            proposal is consistent with Section 6(b)               Statement on Comments on the
                                                    thereafter, on the original 30-day                                                                             Proposed Rule Change Received From
                                                    schedule.7 As some of the data reporting                of the Act,11 in general, and furthers the
                                                                                                            objectives of Section 6(b)(5) of the Act,12            Members, Participants, or Others
                                                       3 See Rule 4770(b). See also Securities Exchange     in particular, in that it is designed to                 No written comments were either
                                                    Act Release No. 77457 (March 28, 2016), 81 FR           prevent fraudulent and manipulative                    solicited or received.
                                                    18913 (April 1, 2016) (SR–BX–2016–019).                 acts and practices, promote just and
                                                       4 The Participants filed the Plan to comply with
                                                                                                            equitable principles of trade, to remove               III. Date of Effectiveness of the
                                                    an order issued by the Commission on June 24,
                                                                                                            impediments to and perfect the                         Proposed Rule Change and Timing for
                                                    2014. See Letter from Brendon J. Weiss, Vice                                                                   Commission Action
                                                    President, Intercontinental Exchange, Inc., to          mechanism of a free and open market
                                                    Secretary, Commission, dated August 25, 2014            and a national market system, and, in                     Because the foregoing proposed rule
                                                    (‘‘SRO Tick Size Plan Proposal’’). See Securities                                                              change does not: (i) Significantly affect
                                                    Exchange Act Release No 72460 (June 24, 2014), 79
                                                    FR 36840 (June 30, 2014); see also Securities           to the language of Rule 4770(b)(4) relating to the     the protection of investors or the public
                                                    Exchange Act Release No. 74892 (May 6, 2015), 80        timing of the publication of Appendix C data for the   interest; (ii) impose any significant
                                                                                                            Pilot Period is needed.
                                                    FR 27513 (May 13, 2015).
                                                                                                               8 See Securities Exchange Act Release No. 73511
                                                                                                                                                                   burden on competition; and (iii) become
                                                       5 Unless otherwise defined herein, capitalized
                                                                                                            (November 3, 2014), 79 FR 66423 (November 7,           operative for 30 days from the date on
                                                    terms have the meaning ascribed to them in Rule
                                                    4770.                                                   2014) (Notice of Filing of Proposed National Market    which it was filed, or such shorter time
                                                       6 On November 30, 2016, the SEC granted              System Plan to Implement a Tick Size Pilot Program     as the Commission may designate, it has
                                                    exemptive relief to the Participants to, among other    on a One-Year Pilot Basis, File No. 4–657) (‘‘Tick     become effective pursuant to Section
                                                    things, delay the publication of Web site data          Size Plan Proposal’’).
                                                                                                               9 See letters from Adam C. Cooper, Senior           19(b)(3)(A) of the Act 14 and Rule 19b–
                                                    pursuant to Appendices B and C to the Plan until
                                                    February 28, 2017, and to delay the ongoing Web         Managing Director and Chief Legal Officer, Citadel     4(f)(6) thereunder.15
                                                    site publication by ninety days such that data          Securities, to Brent J. Fields, Secretary,                A proposed rule change filed under
                                                    would be published within 120 calendar days             Commission, dated December 21, 2016 (‘‘Citadel         Rule 19b–4(f)(6) normally does not
                                                    following the end of the month. See Letter from         letter’’); and William Hebert, Managing Director,
                                                                                                            Financial Information Forum, to Robert W. Errett,
                                                                                                                                                                   become operative prior to 30 days after
                                                    David S. Shillman, Associate Director, Division of
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                                                    Trading and Markets, Commission, to Marcia E.           Deputy Secretary, Commission, dated December 21,       the date of the filing. However, pursuant
                                                    Asquith, Senior Vice President and Corporate            2016 (‘‘FIF letter’’).                                 to Rule 19b–4(f)(6)(iii), the Commission
                                                    Secretary, FINRA, dated November 30, 2016; see             10 In connection with its filing to implement a
                                                                                                                                                                   may designate a shorter time if such
                                                    also Securities Exchange Act Release No. 79549          similar change in its rules, the Financial Industry    action is consistent with the protection
                                                    (December 14, 2016), 81 FR 92886 (December 20,          Regulatory Authority, Inc. is also is submitting an
                                                    2016) (SR–BX–2017–067).                                 exemptive request to the SEC on behalf of all Plan     of investors and the public interest. The
                                                       7 Since, under Rule 4770(b)(4), BX is not            Participants requesting relief from the relevant
                                                    independently publishing Market Maker                   requirements of the Plan.                               13 15 U.S.C. 78f(b)(8).
                                                                                                               11 15 U.S.C. 78f(b).                                 14 15 U.S.C. 78s(b)(3)(A).
                                                    profitability data collected pursuant to Item I of
                                                    Appendix C of the Plan, no corresponding change            12 15 U.S.C. 78f(b)(5).                              15 17 CFR 240.19b–4(f)(6).




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                                                    14258                           Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices

                                                    Exchange has filed the proposed rule                    the purposes of the Act. If the                          For the Commission, by the Division of
                                                    change for immediate effectiveness and                  Commission takes such action, the                      Trading and Markets, pursuant to delegated
                                                    has requested that the Commission                       Commission shall institute proceedings                 authority.20
                                                    waive the requirement that the proposed                 to determine whether the proposed rule                 Eduardo A. Aleman,
                                                    rule change not become operative for 30                 should be approved or disapproved.                     Assistant Secretary.
                                                    days after the date of the filing so that                                                                      [FR Doc. 2017–05343 Filed 3–16–17; 8:45 am]
                                                                                                            IV. Solicitation of Comments
                                                    it may become operative on February                                                                            BILLING CODE 8011–01–P
                                                    28, 2017.                                                 Interested persons are invited to
                                                       The Exchange notes that the proposed                 submit written data, views, and
                                                    rule change is intended to address                      arguments concerning the foregoing,                    SECURITIES AND EXCHANGE
                                                    confidentiality concerns raised in                      including whether the proposed rule                    COMMISSION
                                                    connection with the publication of OTC                  change is consistent with the Act.
                                                    Appendix B data by permitting the                       Comments may be submitted by any of                    Proposed Collection; Comment
                                                    Exchange to delay Web site publication                  the following methods:                                 Request
                                                    of its Appendix B data from February                    Electronic Comments                                    Upon Written Request, Copies Available
                                                    28, 2017 to April 28, 2017.16 The                                                                               From: Securities and Exchange
                                                    Exchange notes that the delay would                       • Use the Commission’s Internet
                                                                                                            comment form (http://www.sec.gov/                       Commission, Office of FOIA Services,
                                                    provide additional time to assess a                                                                             100 F Street NE., Washington, DC
                                                    means of addressing the confidentiality                 rules/sro.shtml); or
                                                                                                              • Send an email to rule-comments@                     20549–2736.
                                                    concerns. The Exchange notes that it
                                                    expects Participants to file proposed                   sec.gov. Please include File Number SR–                Extension:
                                                                                                            BX–2017–016 on the subject line.                         Rule 17a–5, SEC File No. 270–155, OMB
                                                    rule changes related to publishing                                                                                 Control No. 3235–0123.
                                                    Appendix B data.                                        Paper Comments
                                                       The Commission believes that                                                                                   Notice is hereby given that pursuant
                                                    waiving the 30-day operative delay is                      • Send paper comments in triplicate                 to the Paperwork Reduction Act of 1995
                                                    consistent with the protection of                       to Secretary, Securities and Exchange                  (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the
                                                    investors and the public interest                       Commission, 100 F Street NE.,                          Securities and Exchange Commission
                                                    because it will allow the Exchange to                   Washington, DC 20549–1090.                             (‘‘Commission’’) is soliciting comments
                                                    delay publication of its Appendix B data                All submissions should refer to File                   on the existing collection of information
                                                    until April 28, 2017. As noted above,                   Number SR–BX–2017–016. This file                       provided for in Rule 17a–5 (17 CFR
                                                    commenters continue to raise concerns                   number should be included on the                       240.17a–5), under the Securities
                                                    about the publication of OTC Appendix                   subject line if email is used. To help the             Exchange Act of 1934 (15 U.S.C. 78a et
                                                    B data.17 Delaying publication of                       Commission process and review your                     seq.). The Commission plans to submit
                                                    Exchange’s Appendix B data 18 will                      comments more efficiently, please use                  this existing collection of information to
                                                    prevent the publication of partial (i.e.,               only one method. The Commission will                   the Office of Management and Budget
                                                    Exchange-only) Appendix B data                          post all comments on the Commission’s                  (‘‘OMB’’) for extension and approval.
                                                    required under the Plan. Therefore, the                 Internet Web site (http://www.sec.gov/                    Rule 17a–5 is the basic financial
                                                    Commission hereby waives the 30-day                     rules/sro.shtml). Copies of the                        reporting rule for brokers and dealers.1
                                                    operative delay and designates the                      submission, all subsequent                             The rule requires the filing of Form X–
                                                    proposed rule change to be operative on                 amendments, all written statements                     17A–5, the Financial and Operational
                                                    February 28, 2017.19                                    with respect to the proposed rule                      Combined Uniform Single Report
                                                       At any time within 60 days of the                    change that are filed with the                         (‘‘FOCUS Report’’), which was the result
                                                    filing of the proposed rule change, the                 Commission, and all written                            of years of study and comments by
                                                    Commission summarily may                                communications relating to the                         representatives of the securities industry
                                                    temporarily suspend such rule change if                 proposed rule change between the                       through advisory committees and
                                                    it appears to the Commission that such                  Commission and any person, other than                  through the normal rule proposal
                                                    action is necessary or appropriate in the               those that may be withheld from the                    methods. The FOCUS Report was
                                                    public interest, for the protection of                  public in accordance with the                          designed to eliminate the overlapping
                                                    investors, or otherwise in furtherance of               provisions of 5 U.S.C. 552, will be                    regulatory reports required by various
                                                                                                            available for Web site viewing and                     self-regulatory organizations and the
                                                       16 See supra note 9. The Commission notes that       printing in the Commission’s Public                    Commission and to reduce reporting
                                                    FINRA has submitted a proposed rule change to           Reference Room, 100 F Street NE.,                      burdens as much as possible. The rule
                                                    delay the publication of OTC Appendix B data. See                                                              also requires the filing of an annual
                                                    SR–FINRA–2017–005.
                                                                                                            Washington, DC 20549, on official
                                                       17 The Commission notes that FINRA has filed a       business days between the hours of                     audited report of financial statements.
                                                    proposed rule change that is intended to mitigate       10:00 a.m. and 3:00 p.m. Copies of the                    The FOCUS Report consists of: (1)
                                                    confidentiality concerns raised by commenters           filing also will be available for                      Part I, which is a monthly report that
                                                    regarding the publication of OTC Appendix B data.       inspection and copying at the principal                must be filed by brokers or dealers that
                                                    See SR–FINRA–2017–006.
                                                                                                            office of the Exchange. All comments                   clear transactions or carry customer
                                                       18 The Commission notes that other Participants
                                                                                                            received will be posted without change;                securities; (2) one of three alternative
                                                    have proposed to delay the publication of their
                                                    Appendix B data until April 28, 2017. See SR–           the Commission does not edit personal                  quarterly reports: Part II, which must be
                                                    BatsBYX–2017–05; SR–BatsBZX–2017–15; SR–                identifying information from                           filed by brokers or dealers that clear
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                                                    BatsEDGA–2017–05; SR–BatsEDGX–2017–13; SR–
                                                                                                            submissions. You should submit only                    transactions or carry customer
                                                    CHX–2017–05; SR–FINRA–2017–005; SR–IEX–                                                                        securities; Part IIA, which must be filed
                                                    2017–07; SR–NASDAQ–2017–024; SR–Phlx–2017–              information that you wish to make
                                                    22; SR–NYSE–2017–10; SR–NYSEArca–2017–19;               available publicly. All submissions                    by brokers or dealers that do not clear
                                                    SR–NYSEMKT–2017–11.                                     should refer to File Number SR–BX–                     transactions or carry customer
                                                       19 For purposes only of waiving the operative
                                                                                                            2017–016, and should be submitted on
                                                    delay for this proposal, the Commission has                                                                      1 Rule 17a–5(c) requires a broker or dealer to

                                                    considered the proposed rule’s impact on                or before April 7, 2017.                               furnish certain of its financial information to
                                                    efficiency, competition, and capital formation. See                                                            customers and is subject to a separate PRA filing
                                                    15 U.S.C. 78c(f).                                         20 17   CFR 200.30–3(a)(12).                         (OMB Control Number 3235–0199).



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Document Created: 2017-03-17 02:48:37
Document Modified: 2017-03-17 02:48:37
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 14256 

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