82 FR 22590 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amend Rule 67-Equities 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 Range		22590-22592
FR Document		2017-09820
Federal Register, Volume 82 Issue 93 (Tuesday, May 16, 2017)
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22590-22592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09820]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80648; File No. SR-NYSEMKT-2017-24]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Amend Rule 67-Equities 
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 27, 2017, NYSE MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule

[[Page 22591]]

change as described in Items I, II, and III 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

    The Exchange proposes to amend Rule 67-Equities 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 proposed 
rule change is available on the Exchange's Web site at www.nyse.com, at 
the principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

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

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

1. Purpose
    Rule 67(b)-Equities (Compliance with Data Collection Requirements) 
\4\ implements the data collection and Web site publication 
requirements of the Plan.\5\ Supplementary Material .70 to Rule 67-
Equities provides, among other things, that the requirement that the 
Exchange or their DEA make certain data for the Pre-Pilot Period and 
Pilot Period \6\ publicly available on the Exchange's or DEA's Web site 
pursuant to Appendix B to the Plan shall commence on April 28, 2017.\7\ 
The Exchange is proposing to amend Supplementary Material .70 to Rule 
67-Equities to delay the Appendix B data Web site publication date 
until August 31, 2017. The Exchange 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.\8\
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    \4\ See Securities Exchange Act Release No. 77478 (March 30, 
2016), 81 FR 19665 (April 5, 2016) (Immediate Effectiveness of 
Proposed Rule Change Adopting Requirements for the Collection and 
Transmission of Data Pursuant to Appendices B and C of Regulation 
NMS Plan to Implement a Tick Size Pilot Program) (SR-NYSEMKT-2016-
40); see also Securities Exchange Act Release No. 78817 (September 
12, 2016), 81 FR 63811 (September 16, 2016) (Immediate Effectiveness 
of Proposed Rule Change to Amend Rule 67-Equities to Modify Certain 
Data Collection Requirements of the Regulation NMS Plan to Implement 
a Tick Size Pilot Program) (SR-NYSEMKT-2016-84); see also Letter 
from John C. Roeser, Associate Director, Division of Trading and 
Markets, Commission, to Sherry Sandler, Associate General Counsel, 
NYSE MKT, dated April 4, 2016.
    \5\ 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).
    \6\ Unless otherwise defined herein, capitalized terms have the 
meaning ascribed to them in the Plan.
    \7\ See Supplementary Material .70 to Rule 67-Equities. See also 
Securities Exchange Act Release No. 80178 (March 8, 2017), 82 FR 
13700 (March 14, 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.
    \8\ 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, the Exchange 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.\9\ 
Thus, for example, Appendix B data for May 2017 would be made available 
on the Exchange's or DEA's Web site by September 28, 2017, and data for 
the month of June 2017 would be made available on the Exchange's or 
DEA's Web site by October 28, 2017.
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    \9\ FINRA also submitted an exemptive request, on behalf of all 
Participants, to the SEC in connection with the instant filing.
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    As noted in Item 2 of this filing, the Exchange has filed the 
proposed rule change for immediate effectiveness and has requested that 
the Commission waive the 30-day operative delay. If the Commission 
waives the 30-day operative delay, 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,\10\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\11\ in particular, in that it is designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, to remove impediments to and perfect 
the mechanism of a free and open market and a national market system, 
and, in general, to protect investors and the public interest.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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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. The Exchange believes that this proposal is 
consistent with the Act because it is in furtherance of the objectives 
of Section VII(A) of the Plan in that it is designed to provide the 
Exchange with additional time to 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, and is designed to assist the Participants in meeting their 
regulatory obligations pursuant to 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 solicited or received with respect to the 
proposed rule change.

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

    Because the 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

[[Page 22592]]

19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19(b)-4(f)(6) normally does 
not become operative prior to 30 days after the date of the filing. 
However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has filed 
the proposed rule change for immediate effectiveness and has requested 
that the Commission waive the requirement that the proposed rule change 
not become operative for 30 days after the date of the filing so that 
it may become operative on 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.\14\
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    \14\ 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.\15\ Therefore, the Commission hereby waives the 
30-day operative delay and designates the proposed rule change to be 
operative on the date of filing.\16\
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    \15\ The Commission recently granted exemptive relief to the 
Participants 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 27, 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-BatsEDGA-2017-10; SR-BatsEDGX-2017-19; SR-BX-
2017-022; SR-CHX-2017-07; SR-FINRA-2017-010; SR-IEX-2017-12; SR-
NASDAQ-2017-044; SR-Phlx-2017-33; SR-NYSE-2017-19; SR-NYSEArca-2017-
49.
    \16\ 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-NYSEMKT-2017-24 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-NYSEMKT-2017-24. 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-NYSEMKT-2017-24 and should 
be submitted on or before June 6, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Eduardo A. Aleman,
Assistant Secretary.
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    \17\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2017-09820 Filed 5-15-17; 8:45 am]
 BILLING CODE 8011-01-P
22590 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices

of the purposes of the Act. FINRA notes the necessary systems changes to post all comments on the Commission’s
that the proposed rule change implement the anonymous, grouped Internet Web site (http://www.sec.gov/
implements the provisions of the Plan. masking methodology for Appendix B rules/sro.shtml). Copies of the
data related to OTC trading activity.15 submission, all subsequent
C. Self-Regulatory Organization’s
Therefore, the Commission hereby amendments, all written statements
Statement on Comments on the
waives the 30-day operative delay and with respect to the proposed rule
Proposed Rule Change Received From
designates the proposed rule change to change that are filed with the
Members, Participants, or Others
be operative on the date of filing.16 Commission, and all written
Written comments were neither At any time within 60 days of the communications relating to the
solicited nor received. filing of the proposed rule change, the proposed rule change between the
III. Date of Effectiveness of the Commission summarily may Commission and any person, other than
Proposed Rule Change and Timing for temporarily suspend such rule change if those that may be withheld from the
Commission Action it appears to the Commission that such public in accordance with the
action is necessary or appropriate in the provisions of 5 U.S.C. 552, will be
Because the foregoing proposed rule public interest, for the protection of available for Web site viewing and
change does not: (i) Significantly affect investors, or otherwise in furtherance of printing in the Commission’s Public
the protection of investors or the public the purposes of the Act. If the Reference Room, 100 F Street NE.,
interest; (ii) impose any significant Commission takes such action, the Washington, DC 20549 on official
burden on competition; and (iii) become Commission shall institute proceedings business days between the hours of
operative for 30 days from the date on to determine whether the proposed rule 10:00 a.m. and 3:00 p.m. Copies of the
which it was filed, or such shorter time should be approved or disapproved. filing also will be available for
as the Commission may designate, it has inspection and copying at the principal
become effective pursuant to Section IV. Solicitation of Comments
office of FINRA. All comments received
19(b)(3)(A) of the Act 12 and Rule 19b– Interested persons are invited to will be posted without change; the
4(f)(6) thereunder.13 submit written data, views, and Commission does not edit personal
A proposed rule change filed under arguments concerning the foregoing, identifying information from
Rule 19(b)–4(f)(6) normally does not including whether the proposed rule submissions. You should submit only
become operative prior to 30 days after change is consistent with the Act. information that you wish to make
the date of the filing. However, pursuant Comments may be submitted by any of available publicly. All submissions
to Rule 19b–4(f)(6)(iii), the Commission the following methods: should refer to File Number SR–FINRA–
may designate a shorter time if such 2017–010 and should be submitted on
action is consistent with the protection Electronic Comments
or before June 6, 2017.
of investors and the public interest. • Use the Commission’s Internet
comment form (http://www.sec.gov/ For the Commission, by the Division of
FINRA has filed the proposed rule Trading and Markets, pursuant to delegated
change for immediate effectiveness and rules/sro.shtml); or authority.17
has requested that the Commission • Send an email to rule-comments@
Eduardo A. Aleman,
waive the requirement that the proposed sec.gov. Please include File Number SR–
FINRA–2017–010 on the subject line. Assistant Secretary.
rule change not become operative for 30
[FR Doc. 2017–09818 Filed 5–15–17; 8:45 am]
days after the date of the filing so that Paper Comments BILLING CODE 8011–01–P
it may become operative on the date of
filing. • Send paper comments in triplicate
FINRA notes that the proposed rule to Secretary, Securities and Exchange
change is intended to mitigate Commission, 100 F Street NE., SECURITIES AND EXCHANGE
Washington, DC 20549–1090. COMMISSION
confidentiality concerns raised in
connection with Section VII(A) of the All submissions should refer to File [Release No. 34–80648; File No. SR–
Plan, which provides that the data made Number SR–FINRA–2017–010. This file NYSEMKT–2017–24]
publicly available will not identify the number should be included on the
Trading Center that generated the data. subject line if email is used. To help the Self-Regulatory Organizations; NYSE
FINRA states that the additional time Commission process and review your MKT LLC; Notice of Filing and
would allow consideration of a comments more efficiently, please use Immediate Effectiveness of Proposed
methodology to mitigate concerns only one method. The Commission will Rule Change Amend Rule 67-Equities
related to the publication of Appendix To Modify the Date of Appendix B Web
B data.14 15 The Commission recently granted exemptive Site Data Publication Pursuant to the
The commission believes that waiving relief to the Participants to delay the publication of Regulation NMS Plan To Implement a
their Appendix B data until August 31, 2017. See Tick Size Pilot Program
the 30-day operative delay is consistent Letter from David S. Shillman, Associate Director,
with the protection of investors and the Division of Trading and Markets, Commission, to May 10, 2017.
public interest because it will provide Jennifer Piorko Mitchell, Vice President and Deputy
Corporate Secretary, FINRA, dated April 28, 2017. Pursuant to Section 19(b)(1) 1 of the
FINRA with additional time to develop The Commission notes that other Participants have Securities Exchange Act of 1934 (the
submitted proposed rule changes to delay the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
12 15 U.S.C. 78s(b)(3)(A). publication of Appendix B data until August 31, notice is hereby given that on April 27,
13 17 CFR 240.19b–4(f)(6). 2017. See e.g., SR–BatsBYX–2017–10; SR–
14 The Commission recently approved a FINRA BatsBZX–2017–31; SR–BatsEDGA–2017–10; SR– 2017, NYSE MKT LLC (the ‘‘Exchange’’
sradovich on DSK3GMQ082PROD with NOTICES

proposal to implement an aggregated, anonymous BatsEDGX–2017–19; SR–BX–2017–022; SR–CHX– or ‘‘NYSE MKT’’) filed with the
grouped masking methodology for the publication 2017–07; SR–IEX–2017–12; SR–NASDAQ–2017– Securities and Exchange Commission
of Appendix B data related to OTC trading activity. 044; SR–Phlx–2017–33; SR–NYSE–2017–19; SR– (the ‘‘Commission’’) the proposed rule
See Securities Exchange Release No. 80551, (April NYSEArca–2017–49; SR–NYSEMKT–2017–24.
28, 2017), 82 FR 20948 (May 4, 2017). See also 16 For purposes only of waiving the operative
17 17
Letter from David S. Shillman, Associate Director, delay for this proposal, the Commission has CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
Division of Trading and Markets, Commission, to considered the proposed rule’s impact on
2 15 U.S.C. 78a.
Marcia E. Asquith, Executive Vice President FINRA, efficiency, competition, and capital formation. See
dated April 28, 2017. 15 U.S.C. 78c(f). 3 17 CFR 240.19b–4.

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22592 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices

19(b)(3)(A) of the Act 12 and Rule 19b– At any time within 60 days of the office of the Exchange. All comments
4(f)(6) thereunder.13 filing of the proposed rule change, the received will be posted without change;
A proposed rule change filed under Commission summarily may the Commission does not edit personal
Rule 19(b)–4(f)(6) normally does not temporarily suspend such rule change if identifying information from
become operative prior to 30 days after it appears to the Commission that such submissions. You should submit only
the date of the filing. However, pursuant action is necessary or appropriate in the information that you wish to make
to Rule 19b–4(f)(6)(iii), the Commission public interest, for the protection of available publicly. All submissions
may designate a shorter time if such investors, or otherwise in furtherance of should refer to File Number SR–
action is consistent with the protection the purposes of the Act. If the NYSEMKT–2017–24 and should be
of investors and the public interest. The Commission takes such action, the submitted on or before June 6, 2017.
Exchange has filed the proposed rule Commission shall institute proceedings For the Commission, by the Division of
change for immediate effectiveness and to determine whether the proposed rule Trading and Markets, pursuant to delegated
has requested that the Commission should be approved or disapproved. authority.17
waive the requirement that the proposed Eduardo A. Aleman,
rule change not become operative for 30 IV. Solicitation of Comments
Assistant Secretary.
days after the date of the filing so that Interested persons are invited to [FR Doc. 2017–09820 Filed 5–15–17; 8:45 am]
it may become operative on the date of submit written data, views, and
BILLING CODE 8011–01–P
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. SECURITIES AND EXCHANGE
confidentiality concerns raised in Comments may be submitted by any of COMMISSION
connection with Section VII(A) of the the following methods:
Plan, which provides that the data made [Investment Company Act Release No.
publicly available will not identify the Electronic Comments 32632; 812–14713]
Trading Center that generated the data. • Use the Commission’s Internet
Sierra Total Return Fund, et al.
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@ AGENCY: Securities and Exchange
related to the publication of Appendix sec.gov. Please include File Number SR– Commission (‘‘Commission’’).
B data.14 NYSEMKT–2017–24 on the subject line. ACTION: Notice.
The Commission believes that Paper Comments
waiving the 30-day operative delay is Notice of an application under section
consistent with the protection of • Send paper comments in triplicate 6(c) of the Investment Company Act of
investors and the public interest to Brent J. Fields, Secretary, Securities 1940 (the ‘‘Act’’) for an exemption from
because it will synchronize the timing and Exchange Commission, 100 F Street sections 18(a)(2), 18(c) and 18(i) of the
for publication of Appendix B data for NE., Washington, DC 20549–1090. Act, under sections 6(c) and 23(c)(3) of
all Participants, which should enhance All submissions should refer to File the Act for an exemption from rule 23c–
the consistency and usefulness of the Number SR–NYSEMKT–2017–24. This 3 under the Act, and for an order
data.15 Therefore, the Commission file number should be included on the pursuant to section 17(d) of the Act and
hereby waives the 30-day operative subject line if email is used. To help the rule 17d–1 under the Act.
delay and designates the proposed rule Commission process and review your Summary of Application: Applicants
change to be operative on the date of comments more efficiently, please use request an order to permit certain
filing.16 only one method. The Commission will registered closed-end management
post all comments on the Commission’s investment companies to issue multiple
12 15 U.S.C. 78s(b)(3)(A). Internet Web site (http://www.sec.gov/ classes of shares and to impose asset-
13 17 CFR 240.19b–4(f)(6). rules/sro.shtml). Copies of the based distribution and shareholder
14 The Commission recently approved a FINRA
submission, all subsequent service fees and early withdrawal
proposal to implement an aggregated, anonymous charges.
grouped masking methodology for the publication amendments, all written statements
of Appendix B data related to OTC trading activity. with respect to the proposed rule Applicants: Sierra Total Return Fund
See Securities Exchange Release No. 80551, (April change that are filed with the (‘‘STRF’’), STRF Advisors LLC (‘‘STRF
28, 2017), 82 FR 20948 (May 4, 2017). See also Commission, and all written Advisors’’), Sierra Opportunity Fund
Letter from David S. Shillman, Associate Director, (‘‘SOF’’), and SOF Advisors LLC (‘‘SOF
Division of Trading and Markets, Commission, to communications relating to the
Marcia E. Asquith, Executive Vice President FINRA, proposed rule change between the Advisors’’).
dated April 28, 2017. Commission and any person, other than Filing Dates: The application was
15 The Commission recently granted exemptive
those that may be withheld from the filed on October 31, 2016 and amended
relief to the Participants delay the publication of
public in accordance with the on March 8, 2017 and April 18, 2017.
their Appendix B data until August 31, 2017. See Hearing or Notification of Hearing: An
Letter from David S. Shillman, Associate Director, provisions of 5 U.S.C. 552, will be
Division of Trading and Markets, Commission, to available for Web site viewing and order granting the requested relief will
Jennifer Piorko Mitchell, Vice President and Deputy printing in the Commission’s Public be issued unless the Commission orders
Corporate Secretary, FINRA, dated April 27, 2017.
Reference Room, 100 F Street NE., a hearing. Interested persons may
The Commission notes that other Participants have request a hearing by writing to the
submitted proposed rule changes to delay the Washington, DC 20549 on official
sradovich on DSK3GMQ082PROD with NOTICES

publication of Appendix B data until August 31, business days between the hours of Commission’s Secretary and serving
2017. See e.g., SR–BatsBYX–2017–10; SR– 10:00 a.m. and 3:00 p.m. Copies of the applicants with a copy of the request,
BatsEDGA–2017–10; SR–BatsEDGX–2017–19; SR–
filing also will be available for personally or by mail. Hearing requests
BX–2017–022; SR–CHX–2017–07; SR–FINRA– should be received by the Commission
2017–010; SR–IEX–2017–12; SR–NASDAQ–2017– inspection and copying at the principal
044; SR–Phlx–2017–33; SR–NYSE–2017–19; SR–
by 5:30 p.m. on June 5, 2017, and
NYSEArca–2017–49. considered the proposed rule’s impact on should be accompanied by proof of
16 For purposes only of waiving the operative efficiency, competition, and capital formation. See
delay for this proposal, the Commission has 15 U.S.C. 78c(f). 17 17 CFR 200.30–3(a)(12).

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Document Created: 2017-05-16 13:52:37
Document Modified: 2017-05-16 13:52:37
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 22590