82_FR_22693 82 FR 22600 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.46 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 22600 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.46 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 Range22600-22602
FR Document2017-09823

Federal Register, Volume 82 Issue 93 (Tuesday, May 16, 2017)
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22600-22602]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09823]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80651; File No. SR-NYSEARCA-2017-49]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.46 
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 Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.46 to modify the date of 
Appendix B Web site data publication pursuant to the Regulation NMS 
Plan to Implement a Tick Size Pilot Program. 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 7.46(b) (Compliance with Data Collection Requirements) \4\ 
implements the data collection and Web site publication requirements of 
the Plan.\5\ Supplementary Material .70 to Rule 7.46 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 7.46 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\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 77484 (March 31, 
2016), 81 FR 20024 (April 4, 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-NYSEARCA-2016-
52); see also Securities Exchange Act Release No. 78814 (September 
12, 2016), 81 FR 63818 (September 16, 2016) (Immediate Effectiveness 
of Proposed Rule Change to Amend Rule 7.46 to Modify Certain Data 
Collection Requirements of the Regulation NMS Plan to Implement a 
Tick Size Pilot Program) (SR-NYSEARCA-2016-124); see also Letter 
from John C. Roeser, Associate Director, Division of Trading and 
Markets, Commission, to Sherry Sandler, Associate General Counsel, 
NYSE Arca, 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 7.46. See also 
Securities Exchange Act Release No. 80175 (March 8, 2017), 82 FR 
13688 (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, 
Financial Industry Regulatory Authority, Inc. (``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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \9\ FINRA also submitted an exemptive request, on behalf of all 
Participants, to the SEC in connection with the instant filing.
---------------------------------------------------------------------------

    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

[[Page 22601]]

general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    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 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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-NYSEMKT-2017-
24.
    \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).
---------------------------------------------------------------------------

    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-NYSEARCA-2017-49 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-NYSEARCA-2017-49. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEARCA-2017-49 and should 
be submitted on or before June 6, 2017.


[[Page 22602]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman
Assistant Secretary.
[FR Doc. 2017-09823 Filed 5-15-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                22600                          Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices

                                                consistent with the requirements of the                 pursuant to the Regulation NMS Plan to                2017.7 The Exchange is proposing to
                                                Act and would foster cooperation and                    Implement a Tick Size Pilot Program.                  amend Supplementary Material .70 to
                                                coordination with persons engaged in                    The proposed rule change is available                 Rule 7.46 to delay the Appendix B data
                                                regulating, clearing, settling, processing              on the Exchange’s Web site at                         Web site publication date until August
                                                information with respect to, and                        www.nyse.com, at the principal office of              31, 2017. The Exchange is proposing to
                                                facilitating transactions in securities,                the Exchange, and at the Commission’s                 further delay the Web site publication of
                                                remove impediments to and perfect the                   Public Reference Room.                                Appendix B data until August 31, 2017
                                                mechanism of a free and open market                     II. Self-Regulatory Organization’s                    to permit additional time to consider a
                                                and a national market system, and                       Statement of the Purpose of, and                      methodology to mitigate concerns raised
                                                protect investors and the public interest.              Statutory Basis for, the Proposed Rule                in connection with the publication of
                                                                                                        Change                                                Appendix B data.8
                                                IV. Conclusion
                                                                                                           In its filing with the Commission, the               Pursuant to this proposed
                                                  It is therefore ordered, pursuant to
                                                                                                        self-regulatory organization included                 amendment, the Exchange would
                                                Section 19(b)(2) of the Act,19 that the
                                                                                                        statements concerning the purpose of,                 publish the required Appendix B data
                                                proposed rule change, (SR–BX–2017–
                                                                                                        and basis for, the proposed rule change               for the Pre-Pilot Period through April
                                                013), as modified by Amendment No. 1,
                                                                                                        and discussed any comments it received                30, 2017, by August 31, 2017.
                                                be and hereby is, approved.
                                                                                                        on the proposed rule change. The text                 Thereafter, Appendix B data for a given
                                                  For the Commission, by the Division of                                                                      month would be published within 120
                                                Trading and Markets, pursuant to delegated              of those statements may be examined at
                                                                                                        the places specified in Item IV below.                calendar days following month end.9
                                                authority.20
                                                                                                        The Exchange has prepared summaries,                  Thus, for example, Appendix B data for
                                                Eduardo A. Aleman,                                                                                            May 2017 would be made available on
                                                Assistant Secretary.                                    set forth in sections A, B, and C below,
                                                                                                        of the most significant parts of such                 the Exchange’s or DEA’s Web site by
                                                [FR Doc. 2017–09813 Filed 5–15–17; 8:45 am]                                                                   September 28, 2017, and data for the
                                                                                                        statements.
                                                BILLING CODE 8011–01–P                                                                                        month of June 2017 would be made
                                                                                                        A. Self-Regulatory Organization’s                     available on the Exchange’s or DEA’s
                                                                                                        Statement of the Purpose of, and the                  Web site by October 28, 2017.
                                                SECURITIES AND EXCHANGE                                 Statutory Basis for, the Proposed Rule
                                                COMMISSION                                                                                                      As noted in Item 2 of this filing, the
                                                                                                        Change                                                Exchange has filed the proposed rule
                                                [Release No. 34–80651; File No. SR–                     1. Purpose                                            change for immediate effectiveness and
                                                NYSEARCA–2017–49]                                                                                             has requested that the Commission
                                                                                                           Rule 7.46(b) (Compliance with Data
                                                                                                        Collection Requirements) 4 implements                 waive the 30-day operative delay. If the
                                                Self-Regulatory Organizations; NYSE                                                                           Commission waives the 30-day
                                                Arca, Inc.; Notice of Filing and                        the data collection and Web site
                                                                                                        publication requirements of the Plan.5                operative delay, the operative date of
                                                Immediate Effectiveness of Proposed                                                                           the proposed rule change will be the
                                                Rule Change To Amend Rule 7.46 To                       Supplementary Material .70 to Rule 7.46
                                                                                                        provides, among other things, that the                date of filing.
                                                Modify the Date of Appendix B Web
                                                site Data Publication Pursuant to the                   requirement that the Exchange or their                2. Statutory Basis
                                                Regulation NMS Plan To Implement a                      DEA make certain data for the Pre-Pilot
                                                Tick Size Pilot Program                                 Period and Pilot Period 6 publicly                      The Exchange believes that its
                                                                                                        available on the Exchange’s or DEA’s                  proposal is consistent with Section 6(b)
                                                May 10, 2017.                                           Web site pursuant to Appendix B to the                of the Act,10 in general, and furthers the
                                                   Pursuant to Section 19(b)(1) 1 of the                Plan shall commence on April 28,                      objectives of Section 6(b)(5) of the Act,11
                                                Securities Exchange Act of 1934 (the                                                                          in particular, in that it is designed to
                                                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                     4 See Securities Exchange Act Release No. 77484    prevent fraudulent and manipulative
                                                notice is hereby given that, on April 27,               (March 31, 2016), 81 FR 20024 (April 4, 2016)         acts and practices, to promote just and
                                                2017, NYSE Arca, Inc. (the ‘‘Exchange’’                 (Immediate Effectiveness of Proposed Rule Change      equitable principles of trade, to remove
                                                                                                        Adopting Requirements for the Collection and
                                                or ‘‘NYSE Arca’’) filed with the                        Transmission of Data Pursuant to Appendices B and     impediments to and perfect the
                                                Securities and Exchange Commission                      C of Regulation NMS Plan to Implement a Tick Size     mechanism of a free and open market
                                                (the ‘‘Commission’’) the proposed rule                  Pilot Program) (SR–NYSEARCA–2016–52); see also        and a national market system, and, in
                                                change as described in Items I, II, and                 Securities Exchange Act Release No. 78814
                                                                                                        (September 12, 2016), 81 FR 63818 (September 16,
                                                III below, which Items have been                        2016) (Immediate Effectiveness of Proposed Rule
                                                                                                                                                                 7 See Supplementary Material .70 to Rule 7.46.

                                                prepared by the self-regulatory                         Change to Amend Rule 7.46 to Modify Certain Data      See also Securities Exchange Act Release No. 80175
                                                organization. The Commission is                         Collection Requirements of the Regulation NMS         (March 8, 2017), 82 FR 13688 (March 14, 2017). See
                                                                                                        Plan to Implement a Tick Size Pilot Program) (SR–     also Letter from David S. Shillman, Associate
                                                publishing this notice to solicit                                                                             Director, Division of Trading and Markets,
                                                                                                        NYSEARCA–2016–124); see also Letter from John
                                                comments on the proposed rule change                    C. Roeser, Associate Director, Division of Trading    Commission, to Robert L.D. Colby, Executive Vice
                                                from interested persons.                                and Markets, Commission, to Sherry Sandler,           President and Chief Legal Officer, Financial
                                                                                                        Associate General Counsel, NYSE Arca, dated April     Industry Regulatory Authority, Inc. (‘‘FINRA’’),
                                                I. Self-Regulatory Organization’s                       4, 2016.                                              dated February 28, 2017.
                                                Statement of the Terms of Substance of                     5 The Participants filed the Plan to comply with      8 On March 3, 2017, FINRA filed a proposed rule

                                                the Proposed Rule Change                                an order issued by the Commission on June 24,         change to implement an anonymous, grouped
                                                                                                        2014. See Letter from Brendon J. Weiss, Vice          masking methodology for Appendix B.I, B.II. and
                                                   The Exchange proposes to amend                       President, Intercontinental Exchange, Inc., to        B.IV. data. The comment period ended on April 5,
sradovich on DSK3GMQ082PROD with NOTICES




                                                Rule 7.46 to modify the date of                         Secretary, Commission, dated August 25, 2014          2017, and the Commission received three comment
                                                                                                        (‘‘SRO Tick Size Plan Proposal’’). See Securities     letters. See Securities Exchange Act Release No.
                                                Appendix B Web site data publication                                                                          80193 (March 9, 2017) 82 FR 13901 (March 15,
                                                                                                        Exchange Act Release No 72460 (June 24, 2014), 79
                                                                                                        FR 36840 (June 30, 2014); see also Securities         2017).
                                                  19 15 U.S.C. 78s(b)(2).                                                                                        9 FINRA also submitted an exemptive request, on
                                                                                                        Exchange Act Release No. 74892 (May 6, 2015), 80
                                                  20 17 CFR 200.30–3(a)(12).                            FR 27513 (May 13, 2015).                              behalf of all Participants, to the SEC in connection
                                                  1 15 U.S.C.78s(b)(1).                                    6 Unless otherwise defined herein, capitalized     with the instant filing.
                                                  2 15 U.S.C. 78a.                                                                                               10 15 U.S.C. 78f(b).
                                                                                                        terms have the meaning ascribed to them in the
                                                  3 17 CFR 240.19b–4.                                   Plan.                                                    11 15 U.S.C. 78f(b)(5).




                                           VerDate Sep<11>2014   16:42 May 15, 2017   Jkt 241001   PO 00000   Frm 00124   Fmt 4703   Sfmt 4703   E:\FR\FM\16MYN1.SGM   16MYN1


                                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices                                             22601

                                                general, to protect investors and the                     days after the date of the filing so that             IV. Solicitation of Comments
                                                public interest.                                          it may become operative on the date of
                                                   The Plan is designed to allow the                      filing.                                                 Interested persons are invited to
                                                Commission, market participants, and                                                                            submit written data, views, and
                                                                                                             The Exchange notes that the proposed
                                                the public to study and assess the                                                                              arguments concerning the foregoing,
                                                                                                          rule change is intended to mitigate
                                                impact of increment conventions on the                                                                          including whether the proposed rule
                                                                                                          confidentiality concerns raised in
                                                liquidity and trading of the common                       connection with Section VII(A) of the                 change is consistent with the Act.
                                                stock of small-capitalization companies.                  Plan, which provides that the data made               Comments may be submitted by any of
                                                The Exchange believes that this                           publicly available will not identify the              the following methods:
                                                proposal is consistent with the Act                       Trading Center that generated the data.
                                                because it is in furtherance of the                                                                             Electronic Comments
                                                                                                          The Exchange states that the additional
                                                objectives of Section VII(A) of the Plan                  time would allow consideration of a                      • Use the Commission’s Internet
                                                in that it is designed to provide the                     methodology to mitigate concerns                      comment form (http://www.sec.gov/
                                                Exchange with additional time to                          related to the publication of Appendix                rules/sro.shtml); or
                                                consider a methodology to mitigate                        B data.14
                                                concerns raised in connection with the                                                                             • Send an email to rule-comments@
                                                publication of Appendix B data.                              The Commission believes that                       sec.gov. Please include File Number SR–
                                                                                                          waiving the 30-day operative delay is                 NYSEARCA–2017–49 on the subject
                                                B. Self-Regulatory Organization’s                         consistent with the protection of                     line.
                                                Statement on Burden on Competition                        investors and the public interest
                                                  The Exchange does not believe that                      because it will synchronize the timing                Paper Comments
                                                the proposed rule change will result in                   for publication of Appendix B data for
                                                                                                                                                                  • Send paper comments in triplicate
                                                any burden on competition that is not                     all Participants, which should enhance
                                                                                                                                                                to Brent J. Fields, Secretary, Securities
                                                necessary or appropriate in furtherance                   the consistency and usefulness of the
                                                                                                          data.15 Therefore, the Commission                     and Exchange Commission, 100 F Street
                                                of the purposes of the Act. The                                                                                 NE., Washington, DC 20549–1090.
                                                Exchange notes that the proposed rule                     hereby waives the 30-day operative
                                                change implements the provisions of the                   delay and designates the proposed rule                All submissions should refer to File
                                                Plan, and is designed to assist the                       change to be operative on the date of                 Number SR–NYSEARCA–2017–49. This
                                                Participants in meeting their regulatory                  filing.16                                             file number should be included on the
                                                obligations pursuant to the Plan.                            At any time within 60 days of the                  subject line if email is used. To help the
                                                C. Self-Regulatory Organization’s                         filing of the proposed rule change, the               Commission process and review your
                                                Statement on Comments on the                              Commission summarily may                              comments more efficiently, please use
                                                Proposed Rule Change Received From                        temporarily suspend such rule change if               only one method. The Commission will
                                                Members, Participants, or Others                          it appears to the Commission that such                post all comments on the Commission’s
                                                                                                          action is necessary or appropriate in the             Internet Web site (http://www.sec.gov/
                                                  No written comments were solicited                      public interest, for the protection of                rules/sro.shtml). Copies of the
                                                or received with respect to the proposed                  investors, or otherwise in furtherance of             submission, all subsequent
                                                rule change.                                              the purposes of the Act. If the                       amendments, all written statements
                                                III. Date of Effectiveness of the                         Commission takes such action, the                     with respect to the proposed rule
                                                Proposed Rule Change and Timing for                       Commission shall institute proceedings                change that are filed with the
                                                Commission Action                                         to determine whether the proposed rule                Commission, and all written
                                                                                                          should be approved or disapproved.                    communications relating to the
                                                   Because the foregoing proposed rule
                                                change does not: (i) Significantly affect                    14 The Commission recently approved a FINRA
                                                                                                                                                                proposed rule change between the
                                                the protection of investors or the public                 proposal to implement an aggregated, anonymous
                                                                                                                                                                Commission and any person, other than
                                                interest; (ii) impose any significant                     grouped masking methodology for the publication       those that may be withheld from the
                                                burden on competition; and (iii) become                   of Appendix B data related to OTC trading activity.   public in accordance with the
                                                operative for 30 days from the date on                    See Securities Exchange Release No. 80551, (April     provisions of 5 U.S.C. 552, will be
                                                                                                          28, 2017), 82 FR 20948 (May 4, 2017). See also
                                                which it was filed, or such shorter time                  Letter from David S. Shillman, Associate Director,    available for Web site viewing and
                                                as the Commission may designate, it has                   Division of Trading and Markets, Commission, to       printing in the Commission’s Public
                                                become effective pursuant to Section                      Marcia E. Asquith, Executive Vice President FINRA,    Reference Room, 100 F Street NE.,
                                                19(b)(3)(A) of the Act 12 and Rule 19b–                   dated April 28, 2017.
                                                                                                             15 The Commission recently granted exemptive       Washington, DC 20549 on official
                                                4(f)(6) thereunder.13                                                                                           business days between the hours of
                                                                                                          relief to the Participants delay the publication of
                                                   A proposed rule change filed under                     their Appendix B data until August 31, 2017. See      10:00 a.m. and 3:00 p.m. Copies of the
                                                Rule 19(b)–4(f)(6) normally does not                      Letter from David S. Shillman, Associate Director,    filing also will be available for
                                                become operative prior to 30 days after                   Division of Trading and Markets, Commission, to
                                                                                                          Jennifer Piorko Mitchell, Vice President and Deputy   inspection and copying at the principal
                                                the date of the filing. However, pursuant
                                                                                                          Corporate Secretary, FINRA, dated April 27, 2017.     office of the Exchange. All comments
                                                to Rule 19b–4(f)(6)(iii), the Commission                  The Commission notes that other Participants have
                                                may designate a shorter time if such                                                                            received will be posted without change;
                                                                                                          submitted proposed rule changes to delay the
                                                action is consistent with the protection                  publication of Appendix B data until August 31,       the Commission does not edit personal
                                                of investors and the public interest. The                 2017. See e.g., SR–BatsBYX–2017–10; SR–               identifying information from
                                                                                                          BatsEDGA–2017–10; SR–BatsEDGX–2017–19; SR–            submissions. You should submit only
sradovich on DSK3GMQ082PROD with NOTICES




                                                Exchange has filed the proposed rule                      BX–2017–022; SR–CHX–2017–07; SR–FINRA–
                                                change for immediate effectiveness and                    2017–010; SR–IEX–2017–12; SR–NASDAQ–2017–
                                                                                                                                                                information that you wish to make
                                                has requested that the Commission                         044; SR–Phlx–2017–33; SR–NYSE–2017–19; SR–            available publicly. All submissions
                                                waive the requirement that the proposed                   NYSEMKT–2017–24.                                      should refer to File Number SR–
                                                                                                             16 For purposes only of waiving the operative
                                                rule change not become operative for 30                                                                         NYSEARCA–2017–49 and should be
                                                                                                          delay for this proposal, the Commission has
                                                                                                          considered the proposed rule’s impact on              submitted on or before June 6, 2017.
                                                  12 15   U.S.C. 78s(b)(3)(A).                            efficiency, competition, and capital formation. See
                                                  13 17   CFR 240.19b–4(f)(6).                            15 U.S.C. 78c(f).



                                           VerDate Sep<11>2014     16:42 May 15, 2017   Jkt 241001   PO 00000   Frm 00125   Fmt 4703   Sfmt 4703   E:\FR\FM\16MYN1.SGM   16MYN1


                                                22602                            Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices

                                                  For the Commission, by the Division of                  meeting. Those planning to attend                     agreements with the foreign owners or
                                                Trading and Markets, pursuant to delegated                should notify the Title VIII Program                  custodians. I also determine that the
                                                authority.17                                              Officer at the U.S. Department of State               exhibition or display of the exhibit
                                                Eduardo A. Aleman                                         on (202) 647–4562 no later than close of              objects at the Museum of Fine Arts,
                                                Assistant Secretary.                                      business, Wednesday, May 31, 2017.                    Houston, in Houston, Texas, from on or
                                                [FR Doc. 2017–09823 Filed 5–15–17; 8:45 am]                  For pre-clearance into the Harry S                 about June 21, 2017, until on or about
                                                BILLING CODE 8011–01–P                                    Truman building, the Title VIII Program               October 1, 2017, and at possible
                                                                                                          Officer will request identifying data                 additional exhibitions or venues yet to
                                                                                                          pursuant to Public Law 99–399                         be determined, is in the national
                                                DEPARTMENT OF STATE                                       (Omnibus Diplomatic Security and                      interest. I have ordered that Public
                                                                                                          Antiterrorism Act of 1986), as amended;               Notice of these Determinations be
                                                [Public Notice: 9990]                                     Public Law 107–56 (USA PATRIOT                        published in the Federal Register.
                                                                                                          Act); and Executive Order 13356. The                  FOR FURTHER INFORMATION CONTACT: For
                                                Advisory Committee for the Study of                       purpose of the collection is to validate              further information, including a list of
                                                Eastern Europe and the Independent                        the identity of individuals who enter                 the objects to which this notice pertains,
                                                States of the Former Soviet Union                         Department facilities. The data will be               contact the Office of Public Diplomacy
                                                (TITLE VIII); Renewal of Charter and                      entered into the Visitor Access Control               and Public Affairs in the Office of the
                                                Meeting Notice                                            System (VACS–D) database.                             Legal Adviser, U.S. Department of State
                                                   In accordance with the provisions of                      Please review the Security Records                 (telephone: 202–632–6471; email:
                                                the Federal Advisory Committee Act                        System of Records Notice (State-36) at                section2459@state.gov). The mailing
                                                (Pub. L. 92–463), the Department of                       http://foia.state.gov/_docs/SORN/State-               address is U.S. Department of State,
                                                State has renewed the Charter for the                     36.pdf for additional information. All                L/PD, SA–5, Suite 5H03, Washington,
                                                Advisory Committee for the Study of                       attendees must use the 2201 C Street                  DC 20522–0505.
                                                Eastern Europe and the Independent                        entrance and must arrive no later than
                                                                                                          9:30 a.m. to pass through security before             Alyson Grunder,
                                                States of the Former Soviet Union                                                                               Deputy Assistant Secretary for Policy, Bureau
                                                (Advisory Committee) effective April 3,                   entering the building. Visitors who
                                                                                                          arrive without prior notification and                 of Educational and Cultural Affairs,
                                                2017.                                                                                                           Department of State.
                                                   The Advisory Committee will                            without photo identification cannot be
                                                                                                                                                                [FR Doc. 2017–09919 Filed 5–15–17; 8:45 am]
                                                convene on Monday, June 5, 2017, from                     admitted.
                                                                                                                                                                BILLING CODE 4710–05–P
                                                10:00 a.m. until approximately 12:00                      Catherine Kuchta-Helbling,
                                                p.m. The meeting will take place at the                   Executive Director Advisory Committee for
                                                U.S. Department of State, Harry S                         Study of Eastern Europe, and the Independent          DEPARTMENT OF STATE
                                                Truman Building, 2201 C Street NW.,                       States of the Former Soviet Union.
                                                Washington, DC, Room 1408.                                                                                      [Public Notice: 9993]
                                                                                                          [FR Doc. 2017–09835 Filed 5–15–17; 8:45 am]
                                                   The Advisory Committee will                            BILLING CODE 4710–32–P                                Notice of Determinations; Culturally
                                                recommend grant recipients for the 2017                                                                         Significant Objects Imported for
                                                funding opportunity of the Program for                                                                          Exhibition Determinations:
                                                the Study of Eastern Europe and the                       DEPARTMENT OF STATE                                   ‘‘Modernism on the Ganges: Raghubir
                                                Independent States of the Former Soviet                                                                         Singh Photographs’’ Exhibition
                                                                                                          [Public Notice: 9995]
                                                Union, in accordance with the Research
                                                and Training for Eastern Europe and the                   Notice of Determinations: Culturally                    Notice is hereby given of the
                                                Independent States of the Former Soviet                   Significant Objects Re-imported or                    following determinations: Pursuant to
                                                Union Act of 1983, Public Law 98–164,                     Imported for Exhibition                               the authority vested in me by the Act of
                                                as amended. The agenda will include                       Determinations: ‘‘Paint the Revolution:               October 19, 1965 (79 Stat. 985; 22 U.S.C.
                                                opening statements by the chairperson                     Mexican Modernism, 1910–1950’’                        2459), E.O. 12047 of March 27, 1978, the
                                                and members of the committee. The                         Exhibition                                            Foreign Affairs Reform and
                                                committee will provide an overview and                                                                          Restructuring Act of 1998 (112 Stat.
                                                discussion of grant proposals from                        SUMMARY:    Notice is hereby given of the             2681, et seq.; 22 U.S.C. 6501 note, et
                                                ‘‘national organizations with an interest                 following determinations: Pursuant to                 seq.), Delegation of Authority No. 234 of
                                                and expertise in conducting research                      the authority vested in me by the Act of              October 1, 1999, Delegation of Authority
                                                and training concerning the countries of                  October 19, 1965 (79 Stat. 985; 22 U.S.C.             No. 236–3 of August 28, 2000 (and, as
                                                Eastern Europe and the Independent                        2459), E.O. 12047 of March 27, 1978, the              appropriate, Delegation of Authority No.
                                                States of the Former Soviet Union,’’                      Foreign Affairs Reform and                            257–1 of December 11, 2015), I hereby
                                                based on the guidelines set forth in the                  Restructuring Act of 1998 (112 Stat.                  determine that certain objects to be
                                                March 8, 2017 request for proposals                       2681, et seq.; 22 U.S.C. 6501 note, et                included in the exhibition ‘‘Modernism
                                                published on Grants.gov and                               seq.), Delegation of Authority No. 234 of             on the Ganges: Raghubir Singh
                                                GrantSolutions.gov. Following                             October 1, 1999, Delegation of Authority              Photographs,’’ imported from abroad for
                                                committee deliberation, interested                        No. 236–3 of August 28, 2000 (and, as                 temporary exhibition within the United
                                                members of the public may make oral                       appropriate, Delegation of Authority No.              States, are of cultural significance. The
                                                statements concerning the Title VIII                      257–1 of December 11, 2015), I hereby                 objects are imported pursuant to loan
                                                                                                          determine that certain objects to be                  agreements with the foreign owners or
sradovich on DSK3GMQ082PROD with NOTICES




                                                program.
                                                   This meeting will be open to the                       included in the exhibition ‘‘Paint the                custodians. I also determine that the
                                                public; however, attendance is limited                    Revolution: Mexican Modernism, 1910–                  exhibition or display of the exhibit
                                                to available seating. Entry into the Harry                1950,’’ re-imported or imported from                  objects at The Metropolitan Museum of
                                                S Truman building is controlled and                       abroad for temporary exhibition within                Art, New York, New York, from on or
                                                must be arranged in advance of the                        the United States, are of cultural                    about October 10, 2017, until on or
                                                                                                          significance. The objects are re-imported             about January 2, 2018, at the Museum of
                                                  17 17   CFR 200.30–3(a)(12).                            or imported pursuant to loan                          Fine Arts, Houston, in Houston, Texas,


                                           VerDate Sep<11>2014     16:42 May 15, 2017   Jkt 241001   PO 00000   Frm 00126   Fmt 4703   Sfmt 4703   E:\FR\FM\16MYN1.SGM   16MYN1



Document Created: 2017-05-16 13:52:19
Document Modified: 2017-05-16 13:52:19
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 22600 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR