82_FR_23421 82 FR 23324 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.21 of Bats EDGA Exchange, Inc. 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 23324 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.21 of Bats EDGA Exchange, Inc. 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 97 (May 22, 2017)

Page Range23324-23325
FR Document2017-10308

Federal Register, Volume 82 Issue 97 (Monday, May 22, 2017)
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23324-23325]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10308]



[[Page 23324]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80686; File No. SR-BatsEDGA-2017-10]


Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
11.21 of Bats EDGA Exchange, Inc. 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 16, 2017.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on May 4, 2017, Bats EDGA Exchange, Inc. (the ``Exchange'' or 
``EDGA'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.21 to modify the 
date of Appendix B Web site data publication pursuant to the Regulation 
NMS Plan to Implement a Tick Size Pilot Program (``Plan'').
    The text of the proposed rule change is available at the Exchange's 
Web site at www.bats.com, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant 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 11.21(b) (Compliance with Data Collection Requirements) \5\ 
implements the data collection and Web site publication requirements of 
the Plan.\6\ Rule 11.21(b).08 provides, among other things, that the 
requirement that the Exchange or Designated Examining Authority 
(``DEA'') make certain data for the Pre-Pilot Period and Pilot Period 
\7\ publicly available on their Web site pursuant to Appendix B and C 
to the Plan shall commence on April 28, 2017.\8\ The Exchange is 
proposing to amend Rule 11.21.08 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.
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    \5\ See Exchange Rule 11.21(b). See also Securities Exchange Act 
Release Nos. 77417 (March 22, 2016), 81 FR 17219 (March 28, 2016); 
and 78799 (September 9, 2016), 81 FR 63549 (September 15, 2016).
    \6\ 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).
    \7\ Unless otherwise defined herein, capitalized terms have the 
meaning ascribed to them in Exchange Rule 11.21.
    \8\ See Exchange Rule 11.21.08. See also Securities Exchange Act 
Release No. 80215 (March 10, 2017), 82 FR 14061 (March 16, 2017). 
See also Letter from David S. Shillman, Associate Director, Division 
of Trading and Markets, Commission, to Robert L.D. Colby, Executive 
Vice President and Chief Legal Officer, FINRA, dated February 28, 
2017.
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    Pursuant to this proposed amendment, the Exchange or DEA would 
publish the required Appendix B data for the Pre-Pilot Period through 
April 30, 2017, by August 31, 2017.\9\ Thereafter, Appendix B data for 
a given month would be published within 120 calendar days following 
month end.\10\ Thus, for example, Appendix B data for May 2017 would be 
made available on the Exchange or DEA's Web site by September 28, 2017, 
and data for the month of June 2017 would be made available on the 
Exchange or DEA's Web site by October 28, 2017.
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    \9\ The Exchange initially submitted this proposed rule change 
on April 28, 2017. (SR-BatsEDGA-2017-08). On May 4, 2017, the 
Exchange withdrew SR-BatsEDGA-2017-08 and submitted this filing.
    \10\ FINRA, on behalf of the Exchange, also is submitting an 
exemptive request to the SEC in connection with the instant filing.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with section 
6(b) of the Act \11\ in general, and furthers the objectives of section 
6(b)(5) of the Act \12\ in particular, in that it is designed to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 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.

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

    The Exchange has neither solicited nor received written comments on 
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

[[Page 23325]]

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 \13\ and Rule 19b-4(f)(6) 
thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 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.\15\
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    \15\ 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.\16\ Therefore, the Commission hereby waives the 
30-day operative delay and designates the proposed rule change to be 
operative on the date of filing.\17\
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    \16\ 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 28, 2017. The Commission notes that other 
Participants have submitted proposed rule changes to delay the 
publication of Appendix B data until August 31, 2017. See e.g., SR-
BatsBZX-2017-31; BatsBYX-2017-10; 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; SR-
NYSEMKT-2017-24.
    \17\ 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-BatsEDGA-2017-10 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsEDGA-2017-10. 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-BatsEDGA-2017-10 and should 
be submitted on or before June 12, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10308 Filed 5-19-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                  23324                              Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices

                                                  SECURITIES AND EXCHANGE                                 Exchange has prepared summaries, set                   Thus, for example, Appendix B data for
                                                  COMMISSION                                              forth in sections A, B, and C below, of                May 2017 would be made available on
                                                                                                          the most significant parts of such                     the Exchange or DEA’s Web site by
                                                  [Release No. 34–80686; File No. SR–
                                                                                                          statements.                                            September 28, 2017, and data for the
                                                  BatsEDGA–2017–10]
                                                                                                          A. Self-Regulatory Organization’s                      month of June 2017 would be made
                                                  Self-Regulatory Organizations; Bats                     Statement of the Purpose of, and the                   available on the Exchange or DEA’s Web
                                                  EDGA Exchange, Inc.; Notice of Filing                   Statutory Basis for, the Proposed Rule                 site by October 28, 2017.
                                                  and Immediate Effectiveness of a                        Change                                                 2. Statutory Basis
                                                  Proposed Rule Change to Rule 11.21 of
                                                  Bats EDGA Exchange, Inc. To Modify                      1. Purpose                                                The Exchange believes that its
                                                  the Date of Appendix B Web site Data                       Rule 11.21(b) (Compliance with Data                 proposal is consistent with section 6(b)
                                                  Publication Pursuant to the Regulation                  Collection Requirements) 5 implements                  of the Act 11 in general, and furthers the
                                                  NMS Plan To Implement a Tick Size                       the data collection and Web site                       objectives of section 6(b)(5) of the Act 12
                                                  Pilot Program                                           publication requirements of the Plan.6                 in particular, in that it is designed to
                                                                                                          Rule 11.21(b).08 provides, among other                 promote just and equitable principles of
                                                  May 16, 2017.                                           things, that the requirement that the                  trade, to foster cooperation and
                                                     Pursuant to section 19(b)(1) of the                  Exchange or Designated Examining                       coordination with persons engaged in
                                                  Securities Exchange Act of 1934 (the                    Authority (‘‘DEA’’) make certain data for              facilitating transactions in securities, to
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  the Pre-Pilot Period and Pilot Period 7                remove impediments to and perfect the
                                                  notice is hereby given that on May 4,                   publicly available on their Web site                   mechanism of a free and open market
                                                  2017, Bats EDGA Exchange, Inc. (the                     pursuant to Appendix B and C to the                    and a national market system and, in
                                                  ‘‘Exchange’’ or ‘‘EDGA’’) filed with the                Plan shall commence on April 28,                       general, to protect investors and the
                                                  Securities and Exchange Commission                      2017.8 The Exchange is proposing to                    public interest.
                                                  (‘‘Commission’’) the proposed rule                      amend Rule 11.21.08 to delay the                          The Plan is designed to allow the
                                                  change as described in Items I and II                   Appendix B data Web site publication                   Commission, market participants, and
                                                  below, which Items have been prepared                   date until August 31, 2017. The                        the public to study and assess the
                                                  by the Exchange. The Exchange has                       Exchange is proposing to further delay                 impact of increment conventions on the
                                                  designated this proposal as a ‘‘non-                    the Web site publication of Appendix B                 liquidity and trading of the common
                                                  controversial’’ proposed rule change                    data until August 31, 2017 to permit                   stock of small-capitalization companies.
                                                  pursuant to section 19(b)(3)(A) of the                  additional time to consider a                          The Exchange believes that this
                                                  Act 3 and Rule 19b–4(f)(6)(iii)                         methodology to mitigate concerns raised                proposal is consistent with the Act
                                                  thereunder,4 which renders it effective                 in connection with the publication of                  because it is in furtherance of the
                                                  upon filing with the Commission. The                    Appendix B data.                                       objectives of section VII(A) of the Plan
                                                  Commission is publishing this notice to                    Pursuant to this proposed                           in that it is designed to provide the
                                                  solicit comments on the proposed rule                   amendment, the Exchange or DEA                         Exchange with additional time to
                                                  change from interested persons.                         would publish the required Appendix B                  consider a methodology to mitigate
                                                                                                          data for the Pre-Pilot Period through                  concerns raised in connection with the
                                                  I. Self-Regulatory Organization’s                                                                              publication of Appendix B data.
                                                  Statement of the Terms of Substance of                  April 30, 2017, by August 31, 2017.9
                                                  the Proposed Rule Change                                Thereafter, Appendix B data for a given                B. Self-Regulatory Organization’s
                                                                                                          month would be published within 120                    Statement on Burden on Competition
                                                     The Exchange filed a proposal to                     calendar days following month end.10
                                                  amend Rule 11.21 to modify the date of                                                                           The Exchange does not believe that
                                                  Appendix B Web site data publication                       5 See Exchange Rule 11.21(b). See also Securities   the proposed rule change will result in
                                                  pursuant to the Regulation NMS Plan to                  Exchange Act Release Nos. 77417 (March 22, 2016),      any burden on competition that is not
                                                  Implement a Tick Size Pilot Program                     81 FR 17219 (March 28, 2016); and 78799                necessary or appropriate in furtherance
                                                                                                          (September 9, 2016), 81 FR 63549 (September 15,
                                                  (‘‘Plan’’).                                             2016).
                                                                                                                                                                 of the purposes of the Act. The
                                                     The text of the proposed rule change                    6 The Participants filed the Plan to comply with    Exchange notes that the proposed rule
                                                  is available at the Exchange’s Web site                 an order issued by the Commission on June 24,          change implements the provisions of the
                                                  at www.bats.com, at the principal office                2014. See Letter from Brendon J. Weiss, Vice           Plan.
                                                  of the Exchange, and at the                             President, Intercontinental Exchange, Inc., to
                                                                                                          Secretary, Commission, dated August 25, 2014           C. Self-Regulatory Organization’s
                                                  Commission’s Public Reference Room.                     (‘‘SRO Tick Size Plan Proposal’’). See Securities      Statement on Comments on the
                                                                                                          Exchange Act Release No 72460 (June 24, 2014), 79
                                                  II. Self-Regulatory Organization’s                      FR 36840 (June 30, 2014); see also Securities
                                                                                                                                                                 Proposed Rule Change Received From
                                                  Statement of the Purpose of, and                        Exchange Act Release No. 74892 (May 6, 2015), 80       Members, Participants, or Others
                                                  Statutory Basis for, the Proposed Rule                  FR 27513 (May 13, 2015).                                 The Exchange has neither solicited
                                                  Change                                                     7 Unless otherwise defined herein, capitalized
                                                                                                                                                                 nor received written comments on the
                                                                                                          terms have the meaning ascribed to them in
                                                    In its filing with the Commission, the                Exchange Rule 11.21.                                   proposed rule change.
                                                  Exchange included statements                               8 See Exchange Rule 11.21.08. See also Securities
                                                                                                                                                                 III. Date of Effectiveness of the
                                                  concerning the purpose of and basis for                 Exchange Act Release No. 80215 (March 10, 2017),
                                                                                                          82 FR 14061 (March 16, 2017). See also Letter from     Proposed Rule Change and Timing for
                                                  the proposed rule change and discussed                  David S. Shillman, Associate Director, Division of     Commission Action
                                                  any comments it received on the                         Trading and Markets, Commission, to Robert L.D.
                                                                                                                                                                    Because the foregoing proposed rule
mstockstill on DSK30JT082PROD with NOTICES




                                                  proposed rule change. The text of these                 Colby, Executive Vice President and Chief Legal
                                                  statements may be examined at the                       Officer, FINRA, dated February 28, 2017.               change does not: (i) Significantly affect
                                                  places specified in Item IV below. The                     9 The Exchange initially submitted this proposed
                                                                                                                                                                 the protection of investors or the public
                                                                                                          rule change on April 28, 2017. (SR–BatsEDGA–           interest; (ii) impose any significant
                                                                                                          2017–08). On May 4, 2017, the Exchange withdrew
                                                    1 15 U.S.C. 78s(b)(1).                                SR–BatsEDGA–2017–08 and submitted this filing.         burden on competition; and (iii) become
                                                    2 17 CFR 240.19b–4.                                      10 FINRA, on behalf of the Exchange, also is
                                                    3 15 U.S.C. 78s(b)(3)(A).                                                                                     11 15   U.S.C. 78f(b).
                                                                                                          submitting an exemptive request to the SEC in
                                                    4 17 CFR 240.19b–4(f)(6)(iii).                        connection with the instant filing.                     12 15   U.S.C. 78f(b)(5).



                                             VerDate Sep<11>2014   23:17 May 19, 2017   Jkt 241001   PO 00000   Frm 00155   Fmt 4703   Sfmt 4703   E:\FR\FM\22MYN1.SGM     22MYN1


                                                                                  Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                     23325

                                                  operative for 30 days from the date on                  change to be operative on the date of                 10:00 a.m. and 3:00 p.m. Copies of the
                                                  which it was filed, or such shorter time                filing.17                                             filing also will be available for
                                                  as the Commission may designate, it has                    At any time within 60 days of the                  inspection and copying at the principal
                                                  become effective pursuant to section                    filing of the proposed rule change, the               office of the Exchange. All comments
                                                  19(b)(3)(A) of the Act 13 and Rule 19b–                 Commission summarily may                              received will be posted without change;
                                                  4(f)(6) thereunder.14                                   temporarily suspend such rule change if               the Commission does not edit personal
                                                     A proposed rule change filed under                   it appears to the Commission that such                identifying information from
                                                  Rule 19(b)–4(f)(6) normally does not                    action is necessary or appropriate in the             submissions. You should submit only
                                                  become operative prior to 30 days after                 public interest, for the protection of                information that you wish to make
                                                  the date of the filing. However, pursuant               investors, or otherwise in furtherance of             available publicly. All submissions
                                                  to Rule 19b–4(f)(6)(iii), the Commission                the purposes of the Act. If the                       should refer to File Number SR–
                                                  may designate a shorter time if such                    Commission takes such action, the                     BatsEDGA–2017–10 and should be
                                                  action is consistent with the protection                Commission shall institute proceedings                submitted on or before June 12, 2017.
                                                  of investors and the public interest. The               to determine whether the proposed rule
                                                                                                                                                                  For the Commission, by the Division of
                                                  Exchange has filed the proposed rule                    should be approved or disapproved.                    Trading and Markets, pursuant to delegated
                                                  change for immediate effectiveness and                                                                        authority.18
                                                                                                          IV. Solicitation of Comments
                                                  has requested that the Commission                                                                             Eduardo A. Aleman,
                                                  waive the requirement that the proposed                   Interested persons are invited to
                                                                                                          submit written data, views, and                       Assistant Secretary.
                                                  rule change not become operative for 30
                                                  days after the date of the filing so that               arguments concerning the foregoing,                   [FR Doc. 2017–10308 Filed 5–19–17; 8:45 am]
                                                  it may become operative on the date of                  including whether the proposed rule                   BILLING CODE 8011–01–P

                                                  filing.                                                 change is consistent with the Act.
                                                     The Exchange notes that the proposed                 Comments may be submitted by any of
                                                  rule change is intended to mitigate                     the following methods:                                SECURITIES AND EXCHANGE
                                                  confidentiality concerns raised in                                                                            COMMISSION
                                                                                                          Electronic Comments
                                                  connection with section VII(A) of the
                                                  Plan, which provides that the data made                   • Use the Commission’s Internet                     [Release No. 34–80692; File No. SR–IEX–
                                                                                                          comment form (http://www.sec.gov/                     2017–16]
                                                  publicly available will not identify the
                                                  Trading Center that generated the data.                 rules/sro.shtml); or
                                                                                                            • Send an email to rule-comments@                   Self-Regulatory Organizations:
                                                  The Exchange states that the additional                                                                       Investors Exchange LLC; Notice of
                                                  time would allow consideration of a                     sec.gov. Please include File Number SR–
                                                                                                          BatsEDGA–2017–10 on the subject line.                 Filing and Immediate Effectiveness of
                                                  methodology to mitigate concerns                                                                              Proposed Rule Change To Establish
                                                  related to the publication of Appendix                  Paper Comments                                        Fees for Industry Members Related to
                                                  B data.15
                                                     The Commission believes that                            • Send paper comments in triplicate                the National Market System Plan
                                                                                                          to Secretary, Securities and Exchange                 Governing the Consolidated Audit Trail
                                                  waiving the 30-day operative delay is
                                                  consistent with the protection of                       Commission, 100 F Street NE.,                         May 16, 2017.
                                                  investors and the public interest                       Washington, DC 20549–1090.
                                                                                                                                                                   Pursuant to Section 19(b)(1) 1 of the
                                                  because it will synchronize the timing                  All submissions should refer to File                  Securities Exchange Act of 1934 (the
                                                  for publication of Appendix B data for                  Number SR–BatsEDGA–2017–10. This                      ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  all Participants, which should enhance                  file number should be included on the                 notice is hereby given that, on May 9,
                                                  the consistency and usefulness of the                   subject line if email is used. To help the            2017, the Investors Exchange LLC
                                                  data.16 Therefore, the Commission                       Commission process and review your                    (‘‘SRO’’, ‘‘Exchange’’ or ‘‘IEX’’) filed
                                                  hereby waives the 30-day operative                      comments more efficiently, please use
                                                                                                                                                                with the Securities and Exchange
                                                  delay and designates the proposed rule                  only one method. The Commission will
                                                                                                                                                                Commission (the ‘‘Commission’’) the
                                                                                                          post all comments on the Commission’s
                                                                                                                                                                proposed rule change as described in
                                                    13 15  U.S.C. 78s(b)(3)(A).                           Internet Web site (http://www.sec.gov/
                                                                                                                                                                Items I, II and III below, which Items
                                                    14 17  CFR 240.19b–4(f)(6).                           rules/sro.shtml). Copies of the
                                                                                                                                                                have been prepared by the self-
                                                    15 The Commission recently approved a FINRA           submission, all subsequent
                                                  proposal to implement an aggregated, anonymous
                                                                                                                                                                regulatory organization.4 The
                                                                                                          amendments, all written statements
                                                  grouped masking methodology for the publication                                                               Commission is publishing this notice to
                                                                                                          with respect to the proposed rule
                                                  of Appendix B data related to OTC trading activity.                                                           solicit comments on the proposed rule
                                                  See Securities Exchange Release No. 80551, (April       change that are filed with the
                                                                                                                                                                change from interested persons.
                                                  28, 2017), 82 FR 20948 (May 4, 2017). See also          Commission, and all written
                                                  Letter from David S. Shillman, Associate Director,      communications relating to the                        I. Self-Regulatory Organization’s
                                                  Division of Trading and Markets, Commission, to                                                               Statement of the Terms of Substance of
                                                  Marcia E. Asquith, Executive Vice President FINRA,
                                                                                                          proposed rule change between the
                                                  dated April 28, 2017.                                   Commission and any person, other than                 the Proposed Rule Change
                                                    16 The Commission recently granted exemptive          those that may be withheld from the                      Pursuant to Section 19(b)(1) of the
                                                  relief to the Participants delay the publication of     public in accordance with the                         Securities Exchange Act of 1934
                                                  their Appendix B data until August 31, 2017. See        provisions of 5 U.S.C. 552, will be
                                                  Letter from David S. Shillman, Associate Director,                                                            (‘‘Exchange Act’’),5 and Rule 19b–4
                                                  Division of Trading and Markets, Commission, to         available for Web site viewing and
                                                  Jennifer Piorko Mitchell, Vice President and Deputy     printing in the Commission’s Public                     18 17  CFR 200.30–3(a)(12).
                                                  Corporate Secretary, FINRA, dated April 28, 2017.       Reference Room, 100 F Street NE.,
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                                                                                  1 15  U.S.C. 78s(b)(1).
                                                  The Commission notes that other Participants have       Washington, DC 20549 on official                         2 15 U.S.C. 78a.
                                                  submitted proposed rule changes to delay the
                                                  publication of Appendix B data until August 31,         business days between the hours of                       3 17 CFR 240.19b–4.
                                                                                                                                                                   4 The Exchange originally filed the proposed rule
                                                  2017. See e.g., SR–BatsBZX–2017–31; BatsBYX–
                                                  2017–10; BatsEDGX–2017–19; SR–BX–2017–022;                 17 For purposes only of waiving the operative      change on May 3, 2017 under File No. SR–IEX–
                                                  SR–CHX–2017–07; SR–FINRA–2017–010; SR–IEX–              delay for this proposal, the Commission has           2017–13. The Exchange subsequently withdrew that
                                                  2017–12; SR–NASDAQ–2017–044; SR–Phlx–2017–              considered the proposed rule’s impact on              filing on May 9, 2017 and filed this proposed rule
                                                  33; SR–NYSE–2017–19; SR–NYSEArca–2017–49;               efficiency, competition, and capital formation. See   change.
                                                  SR–NYSEMKT–2017–24.                                     15 U.S.C. 78c(f).                                        5 15 U.S.C. 78s(b)(1).




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Document Created: 2018-11-08 08:50:34
Document Modified: 2018-11-08 08:50:34
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 23324 

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