82_FR_22674 82 FR 22581 - Self-Regulatory Organizations: Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Exchange Rule 11.340 To Modify the Date of Appendix B Web Site Data Publication Pursuant to the Regulation NMS Plan To Implement a Tick Size Pilot Program

82 FR 22581 - Self-Regulatory Organizations: Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Exchange Rule 11.340 To Modify the Date of Appendix B Web Site Data Publication Pursuant to the Regulation NMS Plan To Implement a Tick Size Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 93 (May 16, 2017)

Page Range22581-22583
FR Document2017-09822

Federal Register, Volume 82 Issue 93 (Tuesday, May 16, 2017)
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22581-22583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09822]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80650; File No. SR-IEX-2017-12]


Self-Regulatory Organizations: Investors Exchange LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend 
Exchange Rule 11.340 To Modify the Date of Appendix B Web Site Data 
Publication Pursuant to the Regulation NMS Plan To Implement a Tick 
Size Pilot Program

May 10, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on April 28, 2017, the Investors Exchange LLC (``IEX'' or 
the ``Exchange'') filed with the Securities and Exchange Commission

[[Page 22582]]

(the ``Commission'') the proposed rule change as described in Items I 
and II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under the Securities 
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\ 
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the 
Commission a proposed rule change to amend Exchange Rule 11.340 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 Exchange has filed the proposed rule change for immediate 
effectiveness. The operative date of the proposed rule change will be 
the date of filing.
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.iextrading.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 the 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of and basis for the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of these statement may be examined at 
the places specified in Item IV below. The self-regulatory organization 
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 11.340(b) (Compliance with Data Collection Requirements) \6\ 
implements the data collection and Web site publication requirements of 
the Plan.\7\ Supplementary Material .09 to IEX Rule 11.340 currently 
provides, among other things, that the requirement that the Exchange or 
Designated Examining Authority (``DEA'') make certain data for the Pre-
Pilot Period and Pilot Period \8\ publicly available on the Exchange's 
or DEA's Web site pursuant to Appendix B to the Plan shall commence on 
April 28, 2017.\9\ IEX is proposing to further delay the Web site 
publication of Appendix B data until August 31, 2017 to permit 
additional time to consider a methodology to mitigate concerns raised 
in connection with the publication of Appendix B data.\10\
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    \6\ See Exchange Rule 11.340(b). See also Securities Exchange 
Act Release Nos. 77418 (March 22, 2016), 81 FR 17213 (March 28, 
2016); and 78795 (September 9, 2016), 81 FR 63508 (September 15, 
2016).
    \7\ 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).
    \8\ Unless otherwise defined herein, capitalized terms have the 
meaning ascribed to them in Rule 11.340.
    \9\ See IEX Rule 11.340.09. See also Securities Exchange Act 
Release No. 80218 (March 10, 2017), 82 FR 14054 (March 16, 2017). 
See also Letter from David S. Shillman, Associate Director, Division 
of Trading and Markets, Commission, to Robert L.D. Colby, Executive 
Vice President and Chief Legal Officer, FINRA, dated February 28, 
2017.
    \10\ On March 3, 2017, FINRA filed a proposed rule change to 
implement an anonymous, grouped masking methodology for Appendix 
B.I, B.II. and B.IV. data. The comment period ended on April 5, 
2017, and the Commission received three comment letters. See 
Securities Exchange Act Release No. 80193 (March 9, 2017) 82 FR 
13901 (March 15, 2017).
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    Pursuant to this proposed amendment, FINRA [sic] \11\ or the DEA 
would publish the required Appendix B data for the Pre-Pilot Period 
through April 30, 2017, by August 31, 2017. Thereafter, Appendix B data 
for a given month would be published within 120 calendar days following 
month end.\12\ Thus, for example, Appendix B data for May 2017 would be 
made available on the FINRA [sic] \13\ or DEA Web site by September 28, 
2017, and data for the month of June 2017 would be made available on 
the FINRA [sic] \14\ or DEA Web site by October 28, 2017.
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    \11\ The Commission notes IEX Rule 11.340.09 states that the 
``Exchange or DEA'' will conduct this function.
    \12\ FINRA also is submitting an exemptive request to the SEC on 
behalf of the Participants in connection with the instant filing.
    \13\ See supra note 11.
    \14\ Id.
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    As noted in Item 2 of this filing, IEX 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 \15\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \16\ in particular, in that it is designed to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system and, in general, to 
protect investors and the public interest, and Section 6(b)(8) of the 
Act,\17\ which requires that IEX rules not impose any burden on 
competition that is not necessary or appropriate.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ 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. The Exchange believes that this proposal is 
consistent with the Act because it is in furtherance of the objectives 
of Section VII(A) of the Plan in that it is designed to provide 
additional time to consider a methodology to mitigate concerns raised 
in connection with the publication of Appendix B data.

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange 
notes that the proposed rule change implements the provisions of the 
Plan.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19(b)-4(f)(6) normally does 
not

[[Page 22583]]

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 the date of filing.
    The Exchange notes that the proposed rule change is intended to 
mitigate confidentiality concerns raised in connection with Section 
VII(A) of the Plan, which provides that the data made publicly 
available will not identify the Trading Center that generated the data. 
The Exchange states that the additional time would allow consideration 
of a methodology to mitigate concerns related to the publication of 
Appendix B data.\20\
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    \20\ The Commission recently approved a FINRA proposal to 
implement an aggregated, anonymous grouped masking methodology for 
the publication of Appendix B data related to OTC trading activity. 
See Securities Exchange Release No. 80551, (April 28, 2017), 82 FR 
20948 (May 4, 2017). See also Letter from David S. Shillman, 
Associate Director, Division of Trading and Markets, Commission, to 
Marcia E. Asquith, Executive Vice President FINRA, dated April 28, 
2017.
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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 synchronize the timing for publication of Appendix B 
data for all Participants, which should enhance the consistency and 
usefulness of the data.\21\ Therefore, the Commission hereby waives the 
30-day operative delay and designates the proposed rule change to be 
operative on the date of filing.\22\
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    \21\ The Commission recently granted exemptive relief to the 
Participants to delay the publication of their Appendix B data until 
August 31, 2017. See Letter from David S. Shillman, Associate 
Director, Division of Trading and Markets, Commission, to Jennifer 
Piorko Mitchell, Vice President and Deputy Corporate Secretary, 
FINRA, dated April 28, 2017. The Commission notes that other 
Participants have submitted proposed rule changes to delay the 
publication of Appendix B data until August 31, 2017. See e.g., SR-
BatsBYX-2017-10; SR-BatsBZX-2017-31; SR-BatsEDGA-2017-10; SR-
BatsEDGX-2017-19; SR-BX-2017-022; SR-CHX-2017-07; SR-FINRA-2017-010; 
SR-NASDAQ-2017-044; SR-Phlx-2017-33; SR-NYSE-2017-19; SR-NYSEArca-
2017-49; SR-NYSEMKT-2017-24.
    \22\ 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-IEX-2017-12 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-IEX-2017-12. This file 
number should be included in 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 Section, 100 F Street 
NE., Washington, DC 20549-1090. Copies of the filing will also be 
available for inspection and copying at the IEX's principal office and 
on its Internet Web site at www.iextrading.com. 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-IEX-2017-12 and should be submitted on 
or before June 6, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09822 Filed 5-15-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices                                                      22581

                                                receive additional payments to                          Programs result in increased trading                     post all comments on the Commission’s
                                                subsidize the costs associated with                     volume on CBOE and lessened volume                       Internet Web site (http://www.sec.gov/
                                                providing certain order routing                         on other exchanges, the Exchange notes                   rules/sro.shtml).
                                                functionalities. Additionally, the                      that market participants trading on other                   Copies of the submission, all
                                                Exchange believes the increased $0.07                   exchanges can always elect to become                     subsequent amendments, all written
                                                per contract subsidy for non-customer                   TPHs on CBOE to take advantage of the                    statements with respect to the proposed
                                                orders when the participating TPHs and                  trading opportunities.                                   rule change that are filed with the
                                                participating Non-CBOE TPHs reach the                                                                            Commission, and all written
                                                                                                        C. Self-Regulatory Organization’s                        communications relating to the
                                                applicable volume threshold is
                                                                                                        Statement on Comments on the                             proposed rule change between the
                                                reasonable because it is similar to the
                                                                                                        Proposed Rule Change Received From                       Commission and any person, other than
                                                subsidies paid by another exchange
                                                                                                        Members, Participants, or Others                         those that may be withheld from the
                                                under a similar subsidy program.8 The
                                                Exchange also believes it is reasonable,                  The Exchange neither solicited nor                     public in accordance with the
                                                equitable and not unfairly                              received comments on the proposed                        provisions of 5 U.S.C. 552, will be
                                                discriminatory to increase the subsidy                  rule change.                                             available for Web site viewing and
                                                as it relates to non-customer orders only                                                                        printing in the Commission’s Public
                                                                                                        III. Date of Effectiveness of the                        Reference Room, 100 F Street NE.,
                                                under the Programs. Particularly, the                   Proposed Rule Change and Timing for
                                                Exchange notes that customer orders                                                                              Washington, DC 20549 on official
                                                                                                        Commission Action                                        business days between the hours of
                                                already have the opportunity to earn
                                                various rebates, discounts or fee caps.9                   The foregoing rule change has become                  10:00 a.m. and 3:00 p.m. Copies of the
                                                Moreover, the Exchange notes that                       effective pursuant to Section 19(b)(3)(A)                filing also will be available for
                                                another exchange also does not provide                  of the Act 12 and paragraph (f) of Rule                  inspection and copying at the principal
                                                subsidies for customer orders.10                        19b–4 13 thereunder. At any time within                  office of the Exchange. All comments
                                                                                                        60 days of the filing of the proposed rule               received will be posted without change;
                                                B. Self-Regulatory Organization’s                       change, the Commission summarily may                     the Commission does not edit personal
                                                Statement on Burden on Competition                      temporarily suspend such rule change if                  identifying information from
                                                  CBOE does not believe that the                        it appears to the Commission that such                   submissions. You should submit only
                                                proposed rule change will impose any                    action is necessary or appropriate in the                information that you wish to make
                                                burden on competition that is not                       public interest, for the protection of                   available publicly. All submissions
                                                necessary or appropriate in furtherance                 investors, or otherwise in furtherance of                should refer to File Number SR–CBOE–
                                                of the purposes of the Act. The                         the purposes of the Act. If the                          2017–038 and should be submitted on
                                                Exchange does not believe that the                      Commission takes such action, the                        or before June 6, 2017.
                                                proposed changes will impose an                         Commission will institute proceedings                      For the Commission, by the Division of
                                                unnecessary burden on intramarket                       to determine whether the proposed rule                   Trading and Markets, pursuant to delegated
                                                competition because they will apply                     change should be approved or                             authority.14
                                                equally to all participating parties.                   disapproved.                                             Eduardo A. Aleman,
                                                Although the subsidy for orders routed                  IV. Solicitation of Comments                             Assistant Secretary.
                                                to CBOE through a Participant’s system                                                                           [FR Doc. 2017–09816 Filed 5–15–17; 8:45 am]
                                                only applies to Participants of the                       Interested persons are invited to
                                                                                                                                                                 BILLING CODE 8011–01–P
                                                Programs, the subsidies are designed to                 submit written data, views, and
                                                encourage the sending of more orders to                 arguments concerning the foregoing,
                                                the Exchange, which should provide                      including whether the proposed rule                      SECURITIES AND EXCHANGE
                                                greater liquidity and trading                           change is consistent with the Act.                       COMMISSION
                                                opportunities for all market                            Comments may be submitted by any of
                                                                                                        the following methods:                                   [Release No. 34–80650; File No. SR–IEX–
                                                participants. Additionally, although                                                                             2017–12]
                                                customer orders will not be eligible for                Electronic Comments
                                                the increased subsidy under the                                                                                  Self-Regulatory Organizations:
                                                                                                          • Use the Commission’s Internet
                                                Programs, customer orders are eligible                                                                           Investors Exchange LLC; Notice of
                                                                                                        comment form (http://www.sec.gov/
                                                for other rebates, discounts or fee                                                                              Filing and Immediate Effectiveness of
                                                                                                        rules/sro.shtml); or
                                                caps.11 The Exchange also does not                                                                               Proposed Rule Change To Amend
                                                                                                          • Send an email to rule-comments@
                                                believe that such changes will impose                   sec.gov. Please include File Number SR–                  Exchange Rule 11.340 To Modify the
                                                any burden on intermarket competition                   CBOE–2017–038 on the subject line.                       Date of Appendix B Web Site Data
                                                that is not necessary or appropriate in                                                                          Publication Pursuant to the Regulation
                                                furtherance of the purposes of the Act.                 Paper Comments                                           NMS Plan To Implement a Tick Size
                                                The Exchange notes that, should the                       • Send paper comments in triplicate                    Pilot Program
                                                proposed changes make CBOE more                         to Secretary, Securities and Exchange
                                                attractive for trading, market                                                                                   May 10, 2017.
                                                                                                        Commission, 100 F Street NE.,                               Pursuant to Section 19(b)(1) 1 of the
                                                participants trading on other exchanges                 Washington, DC 20549–1090.
                                                can always elect to provide order                                                                                Securities Exchange Act of 1934 (the
                                                                                                        All submissions should refer to File                     ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                routing functionality to CBOE.                          Number SR–CBOE–2017–038. This file
                                                Additionally, to the extent that the                                                                             notice is hereby given that, on April 28,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        number should be included on the                         2017, the Investors Exchange LLC
                                                proposed changes to the ORS and CORS                    subject line if email is used. To help the               (‘‘IEX’’ or the ‘‘Exchange’’) filed with the
                                                  8 See
                                                                                                        Commission process and review your                       Securities and Exchange Commission
                                                        supra note 4.
                                                  9 See e.g., CBOE Fees Schedule, Customer Large
                                                                                                        comments more efficiently, please use
                                                Trade Discount and Volume Incentive Program.            only one method. The Commission will                       14 17 CFR 200.30–3(a)(12).
                                                  10 See supra note 4.                                                                                             1 15 U.S.C. 78s(b)(1).
                                                  11 See e.g., CBOE Fees Schedule, Customer Large        12 15   U.S.C. 78s(b)(3)(A).                              2 15 U.S.C. 78a.

                                                Trade Discount and Volume Incentive Program.             13 17   CFR 240.19b–4(f).                                 3 17 CFR 240.19b–4.




                                           VerDate Sep<11>2014   16:42 May 15, 2017   Jkt 241001   PO 00000   Frm 00105    Fmt 4703     Sfmt 4703   E:\FR\FM\16MYN1.SGM    16MYN1


                                                22582                          Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices

                                                (the ‘‘Commission’’) the proposed rule                  Supplementary Material .09 to IEX Rule                  objectives of Section 6(b)(5) of the Act 16
                                                change as described in Items I and II                   11.340 currently provides, among other                  in particular, in that it is designed to
                                                below, which Items have been prepared                   things, that the requirement that the                   promote just and equitable principles of
                                                by the self-regulatory organization. The                Exchange or Designated Examining                        trade, to foster cooperation and
                                                Commission is publishing this notice to                 Authority (‘‘DEA’’) make certain data for               coordination with persons engaged in
                                                solicit comments on the proposed rule                   the Pre-Pilot Period and Pilot Period 8                 facilitating transactions in securities, to
                                                change from interested persons.                         publicly available on the Exchange’s or                 remove impediments to and perfect the
                                                                                                        DEA’s Web site pursuant to Appendix B                   mechanism of a free and open market
                                                I. Self-Regulatory Organization’s                       to the Plan shall commence on April 28,                 and a national market system and, in
                                                Statement of the Terms of Substance of                  2017.9 IEX is proposing to further delay                general, to protect investors and the
                                                the Proposed Rule Change                                the Web site publication of Appendix B                  public interest, and Section 6(b)(8) of
                                                   Pursuant to the provisions of Section                data until August 31, 2017 to permit                    the Act,17 which requires that IEX rules
                                                19(b)(1) under the Securities Exchange                  additional time to consider a                           not impose any burden on competition
                                                Act of 1934 (‘‘Act’’),4 and Rule 19b–4                  methodology to mitigate concerns raised                 that is not necessary or appropriate.
                                                thereunder,5 Investors Exchange LLC                     in connection with the publication of                      The Plan is designed to allow the
                                                (‘‘IEX’’ or ‘‘Exchange’’) is filing with the            Appendix B data.10                                      Commission, market participants, and
                                                Commission a proposed rule change to                      Pursuant to this proposed                             the public to study and assess the
                                                amend Exchange Rule 11.340 to modify                    amendment, FINRA [sic] 11 or the DEA                    impact of increment conventions on the
                                                the date of Appendix B Web site data                    would publish the required Appendix B                   liquidity and trading of the common
                                                publication pursuant to the Regulation                  data for the Pre-Pilot Period through                   stock of small-capitalization companies.
                                                NMS Plan to Implement a Tick Size                       April 30, 2017, by August 31, 2017.                     The Exchange believes that this
                                                Pilot Program (‘‘Plan’’). The Exchange                  Thereafter, Appendix B data for a given                 proposal is consistent with the Act
                                                has filed the proposed rule change for                  month would be published within 120                     because it is in furtherance of the
                                                immediate effectiveness. The operative                  calendar days following month end.12                    objectives of Section VII(A) of the Plan
                                                date of the proposed rule change will be                Thus, for example, Appendix B data for                  in that it is designed to provide
                                                the date of filing.                                     May 2017 would be made available on                     additional time to consider a
                                                   The text of the proposed rule change                 the FINRA [sic] 13 or DEA Web site by                   methodology to mitigate concerns raised
                                                is available at the Exchange’s Web site                 September 28, 2017, and data for the                    in connection with the publication of
                                                at www.iextrading.com, at the principal                 month of June 2017 would be made                        Appendix B data.
                                                office of the Exchange, and at the                      available on the FINRA [sic] 14 or DEA
                                                Commission’s Public Reference Room.                     Web site by October 28, 2017.                           B. Self-Regulatory Organization’s
                                                                                                          As noted in Item 2 of this filing, IEX                Statement on Burden on Competition
                                                II. Self-Regulatory Organization’s                      has filed the proposed rule change for                    The Exchange does not believe that
                                                Statement of the Purpose of, and the                    immediate effectiveness. The operative                  the proposed rule change will result in
                                                Statutory Basis for, the Proposed Rule                  date of the proposed rule change will be                any burden on competition that is not
                                                Change                                                  the date of filing.                                     necessary or appropriate in furtherance
                                                   In its filing with the Commission, the               2. Statutory Basis                                      of the purposes of the Act. The
                                                self-regulatory organization included                                                                           Exchange notes that the proposed rule
                                                statements concerning the purpose of                       The Exchange believes that its
                                                                                                                                                                change implements the provisions of the
                                                and basis for the proposed rule change                  proposal is consistent with Section 6(b)
                                                                                                                                                                Plan.
                                                and discussed any comments it received                  of the Act 15 in general, and furthers the
                                                on the proposed rule change. The text                                                                           C. Self-Regulatory Organization’s
                                                of these statement may be examined at                   Secretary, Commission, dated August 25, 2014            Statement on Comments on the
                                                                                                        (‘‘SRO Tick Size Plan Proposal’’). See Securities       Proposed Rule Change Received From
                                                the places specified in Item IV below.                  Exchange Act Release No 72460 (June 24, 2014), 79
                                                The self-regulatory organization has                    FR 36840 (June 30, 2014); see also Securities           Members, Participants, or Others
                                                prepared summaries, set forth in                        Exchange Act Release No. 74892 (May 6, 2015), 80
                                                                                                        FR 27513 (May 13, 2015).
                                                                                                                                                                  Written comments were neither
                                                Sections A, B, and C below, of the most                    8 Unless otherwise defined herein, capitalized       solicited nor received.
                                                significant aspects of such statements.                 terms have the meaning ascribed to them in Rule
                                                                                                        11.340.
                                                                                                                                                                III. Date of Effectiveness of the
                                                A. Self-Regulatory Organization’s                          9 See IEX Rule 11.340.09. See also Securities        Proposed Rule Change and Timing for
                                                Statement of the Purpose of, and the                    Exchange Act Release No. 80218 (March 10, 2017),        Commission Action
                                                Statutory Basis for, the Proposed Rule                  82 FR 14054 (March 16, 2017). See also Letter from
                                                                                                                                                                  Because the foregoing proposed rule
                                                                                                        David S. Shillman, Associate Director, Division of
                                                Change                                                  Trading and Markets, Commission, to Robert L.D.         change does not: (i) Significantly affect
                                                1. Purpose                                              Colby, Executive Vice President and Chief Legal         the protection of investors or the public
                                                                                                        Officer, FINRA, dated February 28, 2017.
                                                   Rule 11.340(b) (Compliance with Data                    10 On March 3, 2017, FINRA filed a proposed rule
                                                                                                                                                                interest; (ii) impose any significant
                                                Collection Requirements) 6 implements                   change to implement an anonymous, grouped               burden on competition; and (iii) become
                                                the data collection and Web site                        masking methodology for Appendix B.I, B.II. and         operative for 30 days from the date on
                                                                                                        B.IV. data. The comment period ended on April 5,        which it was filed, or such shorter time
                                                publication requirements of the Plan.7                  2017, and the Commission received three comment
                                                                                                        letters. See Securities Exchange Act Release No.
                                                                                                                                                                as the Commission may designate, it has
                                                  4 15 U.S.C. 78s(b)(1).                                80193 (March 9, 2017) 82 FR 13901 (March 15,            become effective pursuant to Section
                                                  5 17 CFR 240.19b–4.                                   2017).                                                  19(b)(3)(A) of the Act 18 and Rule 19b–
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                                                  6 See Exchange Rule 11.340(b). See also Securities       11 The Commission notes IEX Rule 11.340.09
                                                                                                                                                                4(f)(6) thereunder.19
                                                Exchange Act Release Nos. 77418 (March 22, 2016),       states that the ‘‘Exchange or DEA’’ will conduct this     A proposed rule change filed under
                                                81 FR 17213 (March 28, 2016); and 78795                 function.
                                                                                                           12 FINRA also is submitting an exemptive request     Rule 19(b)–4(f)(6) normally does not
                                                (September 9, 2016), 81 FR 63508 (September 15,
                                                2016).                                                  to the SEC on behalf of the Participants in
                                                                                                        connection with the instant filing.                      16 15 U.S.C. 78f(b)(5).
                                                  7 The Participants filed the Plan to comply with
                                                                                                           13 See supra note 11.                                 17 15 U.S.C. 78f(b)(8).
                                                an order issued by the Commission on June 24,
                                                                                                           14 Id.                                                18 15 U.S.C. 78s(b)(3)(A).
                                                2014. See Letter from Brendon J. Weiss, Vice
                                                President, Intercontinental Exchange, Inc., to             15 15 U.S.C. 78f(b).                                  19 17 CFR 240.19b–4(f)(6).




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                                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices                                                    22583

                                                become operative prior to 30 days after                  it appears to the Commission that such               Number SR–IEX–2017–12 and should
                                                the date of the filing. However, pursuant                action is necessary or appropriate in the            be submitted on or before June 6, 2017.
                                                to Rule 19b–4(f)(6)(iii), the Commission                 public interest, for the protection of                 For the Commission, by the Division of
                                                may designate a shorter time if such                     investors, or otherwise in furtherance of            Trading and Markets, pursuant to delegated
                                                action is consistent with the protection                 the purposes of the Act. If the                      authority.23
                                                of investors and the public interest. The                Commission takes such action, the                    Eduardo A. Aleman,
                                                Exchange has filed the proposed rule                     Commission shall institute proceedings               Assistant Secretary.
                                                change for immediate effectiveness and                   to determine whether the proposed rule               [FR Doc. 2017–09822 Filed 5–15–17; 8:45 am]
                                                has requested that the Commission                        should be approved or disapproved.
                                                                                                                                                              BILLING CODE 8011–01–P
                                                waive the requirement that the proposed
                                                rule change not become operative for 30                  IV. Solicitation of Comments
                                                days after the date of the filing so that                  Interested persons are invited to                  SECURITIES AND EXCHANGE
                                                it may become operative on the date of                   submit written data, views and                       COMMISSION
                                                filing.                                                  arguments concerning the foregoing,
                                                   The Exchange notes that the proposed                  including whether the proposed rule
                                                rule change is intended to mitigate                      change is consistent with the Act.                   [Release No. 34–80641; File No. SR–
                                                confidentiality concerns raised in                                                                            BatsBZX–2017–28]
                                                                                                         Comments may be submitted by any of
                                                connection with Section VII(A) of the                    the following methods:                               Self-Regulatory Organizations; Bats
                                                Plan, which provides that the data made
                                                                                                         Electronic Comments                                  BZX Exchange, Inc.; Notice of Filing
                                                publicly available will not identify the
                                                                                                                                                              and Immediate Effectiveness of a
                                                Trading Center that generated the data.                    • Use the Commission’s Internet                    Proposed Rule Change Related to Fees
                                                The Exchange states that the additional                  comment form (http://www.sec.gov/
                                                time would allow consideration of a                      rules/sro.shtml); or                                 May 10, 2017.
                                                methodology to mitigate concerns                           • Send an email to rule-comments@                     Pursuant to Section 19(b)(1) of the
                                                related to the publication of Appendix                   sec.gov. Please include File Number SR–              Securities Exchange Act of 1934 (the
                                                B data.20                                                IEX–2017–12 on the subject line.                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                   The Commission believes that
                                                                                                         Paper Comments                                       notice is hereby given that on May 1,
                                                waiving the 30-day operative delay is
                                                                                                                                                              2017, Bats BZX Exchange, Inc. (the
                                                consistent with the protection of                           • Send paper comments in triplicate               ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                investors and the public interest                        to Brent J. Fields, Secretary, Securities            Securities and Exchange Commission
                                                because it will synchronize the timing                   and Exchange Commission, 100 F Street                (‘‘Commission’’) the proposed rule
                                                for publication of Appendix B data for                   NE., Washington, DC 20549–1090.                      change as described in Items I, II and III
                                                all Participants, which should enhance
                                                                                                         All submissions should refer to File                 below, which Items have been prepared
                                                the consistency and usefulness of the
                                                data.21 Therefore, the Commission                        Number SR–IEX–2017–12. This file                     by the Exchange. The Exchange has
                                                hereby waives the 30-day operative                       number should be included in the                     designated the proposed rule change as
                                                delay and designates the proposed rule                   subject line if email is used. To help the           one establishing or changing a member
                                                change to be operative on the date of                    Commission process and review your                   due, fee, or other charge imposed by the
                                                filing.22                                                comments more efficiently, please use                Exchange under Section 19(b)(3)(A)(ii)
                                                   At any time within 60 days of the                     only one method. The Commission will                 of the Act 3 and Rule 19b–4(f)(2)
                                                filing of the proposed rule change, the                  post all comments on the Commission’s                thereunder,4 which renders the
                                                Commission summarily may                                 Internet Web site (http://www.sec.gov/               proposed rule change effective upon
                                                temporarily suspend such rule change if                  rules/sro.shtml). Copies of the                      filing with the Commission. The
                                                                                                         submission, all subsequent                           Commission is publishing this notice to
                                                   20 The Commission recently approved a FINRA           amendments, all written statements                   solicit comments on the proposed rule
                                                proposal to implement an aggregated, anonymous           with respect to the proposed rule                    change from interested persons.
                                                grouped masking methodology for the publication          change that are filed with the
                                                of Appendix B data related to OTC trading activity.                                                           I. Self-Regulatory Organization’s
                                                See Securities Exchange Release No. 80551, (April        Commission, and all written                          Statement of the Terms of the Substance
                                                28, 2017), 82 FR 20948 (May 4, 2017). See also           communications relating to the                       of the Proposed Rule Change
                                                Letter from David S. Shillman, Associate Director,       proposed rule change between the
                                                Division of Trading and Markets, Commission, to                                                                  The Exchange filed a proposal to
                                                Marcia E. Asquith, Executive Vice President FINRA,
                                                                                                         Commission and any person, other than
                                                dated April 28, 2017.                                    those that may be withheld from the                  amend the fee schedule applicable to
                                                   21 The Commission recently granted exemptive          public in accordance with the                        Members 5 and non-Members of the
                                                relief to the Participants to delay the publication of   provisions of 5 U.S.C. 552, will be                  Exchange pursuant to BZX Rules 15.1(a)
                                                their Appendix B data until August 31, 2017. See         available for Web site viewing and                   and (c).
                                                Letter from David S. Shillman, Associate Director,
                                                Division of Trading and Markets, Commission, to          printing in the Commission’s Public                     The text of the proposed rule change
                                                Jennifer Piorko Mitchell, Vice President and Deputy      Reference Section, 100 F Street NE.,                 is available at the Exchange’s Web site
                                                Corporate Secretary, FINRA, dated April 28, 2017.        Washington, DC 20549–1090. Copies of                 at www.bats.com, at the principal office
                                                The Commission notes that other Participants have
                                                submitted proposed rule changes to delay the
                                                                                                         the filing will also be available for                of the Exchange, and at the
                                                publication of Appendix B data until August 31,          inspection and copying at the IEX’s                  Commission’s Public Reference Room.
                                                2017. See e.g., SR–BatsBYX–2017–10; SR–                  principal office and on its Internet Web
                                                BatsBZX–2017–31; SR–BatsEDGA–2017–10; SR–                site at www.iextrading.com. All
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                                                                                                                                                                23 17 CFR 200.30–3(a)(12).
                                                BatsEDGX–2017–19; SR–BX–2017–022; SR–CHX–
                                                2017–07; SR–FINRA–2017–010; SR–NASDAQ–
                                                                                                         comments received will be posted                       1 15 U.S.C. 78s(b)(1).
                                                2017–044; SR–Phlx–2017–33; SR–NYSE–2017–19;              without change; the Commission does                    2 17 CFR 240.19b–4.
                                                                                                                                                                3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                SR–NYSEArca–2017–49; SR–NYSEMKT–2017–24.                 not edit personal identifying
                                                   22 For purposes only of waiving the operative                                                                4 17 CFR 240.19b–4(f)(2).
                                                                                                         information from submissions. You                      5 The term ‘‘Member’’ is defined as ‘‘any
                                                delay for this proposal, the Commission has
                                                considered the proposed rule’s impact on
                                                                                                         should submit only information that                  registered broker or dealer that has been admitted
                                                efficiency, competition, and capital formation. See      you wish to make available publicly. All             to membership in the Exchange.’’ See Exchange
                                                15 U.S.C. 78c(f).                                        submissions should refer to File                     Rule 1.5(n).



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Document Created: 2017-05-16 13:52:20
Document Modified: 2017-05-16 13:52:20
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 22581 

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