82_FR_23534 82 FR 23437 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.27 of Bats BYX 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 23437 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.27 of Bats BYX 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 Range23437-23439
FR Document2017-10310

Federal Register, Volume 82 Issue 97 (Monday, May 22, 2017)
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23437-23439]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10310]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80688; File No. SR-BatsBYX-2017-10]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
11.27 of Bats BYX 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 BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') 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 11.27 to modify the 
date of Appendix B Web site data publication

[[Page 23438]]

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 11.27(b) (Compliance with Data Collection Requirements) \5\ 
implements the data collection and Web site publication requirements of 
the Plan.\6\ Rule 11.27(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 11.27.08 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.
---------------------------------------------------------------------------

    \5\ See Exchange Rule 11.27(b). See also Securities Exchange Act 
Release Nos. 77418 (March 22, 2016), 81 FR 17213 (March 28, 2016); 
and 78795 (September 9, 2016), 81 FR 63508 (September 15, 2016).
    \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 11.27.
    \8\ See Exchange Rule 11.27.08. See also Securities Exchange Act 
Release No. 80220 (March 13, 2017), 82 FR 14259 (March 17, 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.
---------------------------------------------------------------------------

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

    \9\ The Exchange initially submitted this proposed rule change 
on April 28, 2017. (SR-BatsBYX-2017-08). On May 4, 2017, the 
Exchange withdrew SR-BatsBYX-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.
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 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.\15\
---------------------------------------------------------------------------

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

    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest

[[Page 23439]]

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; SR-BatsEDGA-2017-10; SR-BatsEDGX-2017-19; SR-BX-
2017-022; SR-CHX-2017-07; SR-FINRA-2017-010; SR-IEX-2017-12; SR-
NASDAQ-2017-044; SR-Phlx-2017-33; SR-NYSE-2017-19; SR-NYSEArca-2017-
49; 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-BatsBYX-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-BatsBYX-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-BatsBYX-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. 2017-10310 Filed 5-19-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                     23437

                                                  to respond to PIM auctions, thereby                        19(b)(3)(A)(ii) of the Act,18 and Rule                  inspection and copying at the principal
                                                  increasing price improvement                               19b–4(f)(2) 19 thereunder. At any time                  office of the Exchange. All comments
                                                  opportunities for PIM orders. As                           within 60 days of the filing of the                     received will be posted without change;
                                                  proposed, market participants that                         proposed rule change, the Commission                    the Commission does not edit personal
                                                  respond to PIM auctions will pay a                         summarily may temporarily suspend                       identifying information from
                                                  response fee that is significantly lower                   such rule change if it appears to the                   submissions. You should submit only
                                                  than that charged for responses to other                   Commission that such action is: (i)                     information that you wish to make
                                                  Crossing Orders, and members that                          Necessary or appropriate in the public                  available publicly. All submissions
                                                  initiate a PIM auction will no longer                      interest; (ii) for the protection of                    should refer to File Number SR–ISE–
                                                  qualify for break-up rebates if they enter                 investors; or (iii) otherwise in                        2017–39 and should be submitted on or
                                                  an order into the PIM that does not trade                  furtherance of the purposes of the Act.                 before June 12, 2017.
                                                  against its contra order. The Exchange                     If the Commission takes such action, the                  For the Commission, by the Division of
                                                  believes that these changes will make it                   Commission shall institute proceedings                  Trading and Markets, pursuant to delegated
                                                  easier for firms to participate in the PIM                 to determine whether the proposed rule                  authority.20
                                                  by responding to these auctions with                       should be approved or disapproved.                      Eduardo A. Aleman,
                                                  price improvement. Furthermore, the                                                                                Assistant Secretary.
                                                                                                             IV. Solicitation of Comments
                                                  Exchange does not believe that the                                                                                 [FR Doc. 2017–10306 Filed 5–19–17; 8:45 am]
                                                  proposed rule change is unfairly                             Interested persons are invited to
                                                                                                                                                                     BILLING CODE 8011–01–P
                                                  discriminatory as all market participants                  submit written data, views, and
                                                  that respond to PIM auctions will be                       arguments concerning the foregoing,
                                                  charged the same fee for Responses to                      including whether the proposed rule                     SECURITIES AND EXCHANGE
                                                  PIM orders, and no market participants                     change is consistent with the Act.                      COMMISSION
                                                  will be eligible for PIM break-up rebates,                 Comments may be submitted by any of
                                                  which are being eliminated.                                the following methods:                                  [Release No. 34–80688; File No. SR-
                                                                                                                                                                     BatsBYX–2017–10]
                                                  B. Self-Regulatory Organization’s                          Electronic Comments
                                                  Statement on Burden on Competition                           • Use the Commission’s Internet                       Self-Regulatory Organizations; Bats
                                                    In accordance with section 6(b)(8) of                    comment form (http://www.sec.gov/                       BYX Exchange, Inc.; Notice of Filing
                                                  the Act,17 the Exchange does not believe                   rules/sro.shtml); or                                    and Immediate Effectiveness of a
                                                  that the proposed rule change will                           • Send an email to rule-comments@                     Proposed Rule Change to Rule 11.27 of
                                                  impose any burden on intermarket or                        sec.gov. Please include File Number SR–                 Bats BYX Exchange, Inc. To Modify the
                                                  intramarket competition that is not                        ISE–2017–39 on the subject line.                        Date of Appendix B Web Site Data
                                                  necessary or appropriate in furtherance                                                                            Publication Pursuant To the
                                                                                                             Paper Comments                                          Regulation NMS Plan To Implement a
                                                  of the purposes of the Act. To the
                                                  contrary, the Exchange believes that the                      • Send paper comments in triplicate                  Tick Size Pilot Program
                                                  proposed fee change is pro-competitive                     to Secretary, Securities and Exchange
                                                                                                             Commission, 100 F Street NE.,                           May 16, 2017.
                                                  as it is designed to provide incentives                                                                               Pursuant to Section 19(b)(1) of the
                                                  for members to submit orders to the                        Washington, DC 20549–1090.
                                                                                                                                                                     Securities Exchange Act of 1934 (the
                                                  PIM, and to encourage members to                           All submissions should refer to File
                                                                                                                                                                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  respond to PIM auctions and thereby                        Number SR–ISE–2017–39. This file
                                                                                                                                                                     notice is hereby given that on May 4,
                                                  increase price improvement                                 number should be included on the
                                                                                                                                                                     2017, Bats BYX Exchange, Inc. (the
                                                  opportunities for orders submitted to                      subject line if email is used. To help the
                                                                                                                                                                     ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                  the PIM. The Exchange operates in a                        Commission process and review your
                                                                                                                                                                     Securities and Exchange Commission
                                                  highly competitive market in which                         comments more efficiently, please use
                                                                                                                                                                     (‘‘Commission’’) the proposed rule
                                                  market participants can readily direct                     only one method. The Commission will
                                                                                                                                                                     change as described in Items I and II
                                                  their order flow to competing venues. In                   post all comments on the Commission’s
                                                                                                                                                                     below, which Items have been prepared
                                                  such an environment, the Exchange                          Internet Web site (http://www.sec.gov/
                                                                                                                                                                     by the Exchange. The Exchange has
                                                  must continually review, and consider                      rules/sro.shtml). Copies of the
                                                                                                                                                                     designated this proposal as a ‘‘non-
                                                  adjusting, its fees and rebates to remain                  submission, all subsequent
                                                                                                                                                                     controversial’’ proposed rule change
                                                  competitive with other exchanges. For                      amendments, all written statements
                                                                                                                                                                     pursuant to Section 19(b)(3)(A) of the
                                                  the reasons described above, the                           with respect to the proposed rule
                                                                                                                                                                     Act 3 and Rule 19b–4(f)(6)(iii)
                                                  Exchange believes that the proposed fee                    change that are filed with the
                                                                                                                                                                     thereunder,4 which renders it effective
                                                  changes reflect this competitive                           Commission, and all written
                                                                                                                                                                     upon filing with the Commission. The
                                                  environment.                                               communications relating to the
                                                                                                                                                                     Commission is publishing this notice to
                                                                                                             proposed rule change between the
                                                  C. Self-Regulatory Organization’s                                                                                  solicit comments on the proposed rule
                                                                                                             Commission and any person, other than
                                                  Statement on Comments on the                                                                                       change from interested persons.
                                                                                                             those that may be withheld from the
                                                  Proposed Rule Change Received From                         public in accordance with the                           I. Self-Regulatory Organization’s
                                                  Members, Participants, or Others                           provisions of 5 U.S.C. 552, will be                     Statement of the Terms of Substance of
                                                    No written comments were either                          available for Web site viewing and                      the Proposed Rule Change
                                                  solicited or received.                                     printing in the Commission’s Public                        The Exchange filed a proposal to
                                                                                                             Reference Room, 100 F Street NE.,
mstockstill on DSK30JT082PROD with NOTICES




                                                  III. Date of Effectiveness of the                                                                                  amend Rule 11.27 to modify the date of
                                                                                                             Washington, DC 20549, on official                       Appendix B Web site data publication
                                                  Proposed Rule Change and Timing for                        business days between the hours of
                                                  Commission Action                                          10:00 a.m. and 3:00 p.m. Copies of the                    20 17 CFR 200.30–3(a)(12).
                                                     The foregoing rule change has become                    filing also will be available for                         1 15 U.S.C. 78s(b)(1).
                                                  effective pursuant to section                                                                                        2 17 CFR 240.19b–4.
                                                                                                              18 15   U.S.C. 78s(b)(3)(A)(ii).                         3 15 U.S.C. 78s(b)(3)(A).
                                                    17 15   U.S.C. 78f(b)(8).                                 19 17   CFR 240.19b–4(f)(2).                             4 17 CFR 240.19b–4(f)(6)(iii).




                                             VerDate Sep<11>2014      23:17 May 19, 2017   Jkt 241001   PO 00000   Frm 00268    Fmt 4703    Sfmt 4703   E:\FR\FM\22MYN1.SGM    22MYN1


                                                  23438                           Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices

                                                  pursuant to the Regulation NMS Plan to                  Exchange is proposing to further delay                of the purposes of the Act. The
                                                  Implement a Tick Size Pilot Program                     the Web site publication of Appendix B                Exchange notes that the proposed rule
                                                  (‘‘Plan’’).                                             data until August 31, 2017 to permit                  change implements the provisions of the
                                                     The text of the proposed rule change                 additional time to consider a                         Plan.
                                                  is available at the Exchange’s Web site                 methodology to mitigate concerns raised
                                                  at www.bats.com, at the principal office                                                                      C. Self-Regulatory Organization’s
                                                                                                          in connection with the publication of                 Statement on Comments on the
                                                  of the Exchange, and at the                             Appendix B data.
                                                  Commission’s Public Reference Room.                                                                           Proposed Rule Change Received From
                                                                                                             Pursuant to this proposed
                                                                                                                                                                Members, Participants, or Others
                                                  II. Self-Regulatory Organization’s                      amendment, the Exchange or DEA
                                                                                                          would publish the required Appendix B                   Written comments were neither
                                                  Statement of the Purpose of, and                                                                              solicited nor received.
                                                  Statutory Basis for, the Proposed Rule                  data for the Pre-Pilot Period through
                                                  Change                                                  April 30, 2017, by August 31, 2017.9                  III. Date of Effectiveness of the
                                                                                                          Thereafter, Appendix B data for a given               Proposed Rule Change and Timing for
                                                     In its filing with the Commission, the               month would be published within 120
                                                  Exchange included statements                                                                                  Commission Action
                                                                                                          calendar days following month end.10
                                                  concerning the purpose of and basis for                 Thus, for example, Appendix B data for                   Because the foregoing proposed rule
                                                  the proposed rule change and discussed                  May 2017 would be made available on                   change does not: (i) Significantly affect
                                                  any comments it received on the                         the Exchange or DEA’s Web site by                     the protection of investors or the public
                                                  proposed rule change. The text of these                 September 28, 2017, and data for the                  interest; (ii) impose any significant
                                                  statements may be examined at the                       month of June 2017 would be made                      burden on competition; and (iii) become
                                                  places specified in Item IV below. The                  available on the Exchange or DEA’s Web                operative for 30 days from the date on
                                                  Exchange has prepared summaries, set                    site by October 28, 2017.                             which it was filed, or such shorter time
                                                  forth in Sections A, B, and C below, of                                                                       as the Commission may designate, it has
                                                  the most significant parts of such                      2. Statutory Basis                                    become effective pursuant to Section
                                                  statements.                                                The Exchange believes that its                     19(b)(3)(A) of the Act 13 and Rule 19b–
                                                                                                          proposal is consistent with Section 6(b)              4(f)(6) thereunder.14
                                                  A. Self-Regulatory Organization’s                                                                                A proposed rule change filed under
                                                  Statement of the Purpose of, and the                    of the Act 11 in general, and furthers the
                                                                                                          objectives of Section 6(b)(5) of the Act 12           Rule 19(b)–4(f)(6) normally does not
                                                  Statutory Basis for, the Proposed Rule                                                                        become operative prior to 30 days after
                                                  Change                                                  in particular, in that it is designed to
                                                                                                          promote just and equitable principles of              the date of the filing. However, pursuant
                                                  1. Purpose                                              trade, to foster cooperation and                      to Rule 19b–4(f)(6)(iii), the Commission
                                                     Rule 11.27(b) (Compliance with Data                  coordination with persons engaged in                  may designate a shorter time if such
                                                  Collection Requirements) 5 implements                   facilitating transactions in securities, to           action is consistent with the protection
                                                  the data collection and Web site                        remove impediments to and perfect the                 of investors and the public interest. The
                                                  publication requirements of the Plan.6                  mechanism of a free and open market                   Exchange has filed the proposed rule
                                                  Rule 11.27(b).08 provides, among other                  and a national market system and, in                  change for immediate effectiveness and
                                                  things, that the requirement that the                   general, to protect investors and the                 has requested that the Commission
                                                  Exchange or Designated Examining                        public interest.                                      waive the requirement that the proposed
                                                  Authority (‘‘DEA’’) make certain data for                  The Plan is designed to allow the                  rule change not become operative for 30
                                                  the Pre-Pilot Period and Pilot Period 7                 Commission, market participants, and                  days after the date of the filing so that
                                                  publicly available on their Web site                    the public to study and assess the                    it may become operative on the date of
                                                  pursuant to Appendix B and C to the                     impact of increment conventions on the                filing.
                                                  Plan shall commence on April 28,                        liquidity and trading of the common                      The Exchange notes that the proposed
                                                  2017.8 The Exchange is proposing to                     stock of small-capitalization companies.              rule change is intended to mitigate
                                                  amend Rule 11.27.08 to delay the                        The Exchange believes that this                       confidentiality concerns raised in
                                                  Appendix B data Web site publication                    proposal is consistent with the Act                   connection with Section VII(A) of the
                                                  date until August 31, 2017. The                         because it is in furtherance of the                   Plan, which provides that the data made
                                                                                                          objectives of Section VII(A) of the Plan              publicly available will not identify the
                                                     5 See Exchange Rule 11.27(b). See also Securities    in that it is designed to provide the                 Trading Center that generated the data.
                                                  Exchange Act Release Nos. 77418 (March 22, 2016),       Exchange with additional time to                      The Exchange states that the additional
                                                  81 FR 17213 (March 28, 2016); and 78795
                                                                                                          consider a methodology to mitigate                    time would allow consideration of a
                                                  (September 9, 2016), 81 FR 63508 (September 15,                                                               methodology to mitigate concerns
                                                  2016).                                                  concerns raised in connection with the
                                                     6 The Participants filed the Plan to comply with     publication of Appendix B data.                       related to the publication of Appendix
                                                  an order issued by the Commission on June 24,                                                                 B data.15
                                                  2014. See Letter from Brendon J. Weiss, Vice            B. Self-Regulatory Organization’s                        The Commission believes that
                                                  President, Intercontinental Exchange, Inc., to          Statement on Burden on Competition                    waiving the 30-day operative delay is
                                                  Secretary, Commission, dated August 25, 2014                                                                  consistent with the protection of
                                                  (‘‘SRO Tick Size Plan Proposal’’). See Securities         The Exchange does not believe that
                                                  Exchange Act Release No. 72460 (June 24, 2014), 79      the proposed rule change will result in               investors and the public interest
                                                  FR 36840 (June 30, 2014); see also Securities           any burden on competition that is not
                                                  Exchange Act Release No. 74892 (May 6, 2015), 80                                                                13 15 U.S.C. 78s(b)(3)(A).
                                                  FR 27513 (May 13, 2015).
                                                                                                          necessary or appropriate in furtherance                 14 17 CFR 240.19b–4(f)(6).
                                                     7 Unless otherwise defined herein, capitalized                                                               15 The Commission recently approved a FINRA
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                                                                                                            9 The Exchange initially submitted this proposed
                                                  terms have the meaning ascribed to them in                                                                    proposal to implement an aggregated, anonymous
                                                  Exchange Rule 11.27.                                    rule change on April 28, 2017. (SR–BatsBYX–2017–      grouped masking methodology for the publication
                                                     8 See Exchange Rule 11.27.08. See also Securities    08). On May 4, 2017, the Exchange withdrew SR–        of Appendix B data related to OTC trading activity.
                                                  Exchange Act Release No. 80220 (March 13, 2017),        BatsBYX–2017–08 and submitted this filing.            See Securities Exchange Release No. 80551, (April
                                                                                                            10 FINRA, on behalf of the Exchange, also is
                                                  82 FR 14259 (March 17, 2017). See also Letter from                                                            28, 2017), 82 FR 20948 (May 4, 2017). See also
                                                  David S. Shillman, Associate Director, Division of      submitting an exemptive request to the SEC in         Letter from David S. Shillman, Associate Director,
                                                  Trading and Markets, Commission, to Robert L.D.         connection with the instant filing.                   Division of Trading and Markets, Commission, to
                                                                                                            11 15 U.S.C. 78f(b).
                                                  Colby, Executive Vice President and Chief Legal                                                               Marcia E. Asquith, Executive Vice President FINRA,
                                                  Officer, FINRA, dated February 28, 2017.                  12 15 U.S.C. 78f(b)(5).                             dated April 28, 2017.



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                                                                                  Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                    23439

                                                  because it will synchronize the timing                  comments more efficiently, please use                 in Items I, II, and III below, which Items
                                                  for publication of Appendix B data for                  only one method. The Commission will                  have been prepared by the Exchange.
                                                  all Participants, which should enhance                  post all comments on the Commission’s                 The Commission is publishing this
                                                  the consistency and usefulness of the                   Internet Web site (http://www.sec.gov/                notice to solicit comments on the
                                                  data.16 Therefore, the Commission                       rules/sro.shtml). Copies of the                       proposed rule change from interested
                                                  hereby waives the 30-day operative                      submission, all subsequent                            persons.
                                                  delay and designates the proposed rule                  amendments, all written statements
                                                  change to be operative on the date of                   with respect to the proposed rule                     I. Self-Regulatory Organization’s
                                                  filing.17                                               change that are filed with the                        Statement of the Terms of Substance of
                                                     At any time within 60 days of the                    Commission, and all written                           the Proposed Rule Change
                                                  filing of the proposed rule change, the                 communications relating to the                           The Exchange proposes to amend the
                                                  Commission summarily may                                proposed rule change between the                      Exchange’s fees at Rule 7004 and
                                                  temporarily suspend such rule change if                 Commission and any person, other than                 Chapter XV, Section 14 to adopt a fee
                                                  it appears to the Commission that such                  those that may be withheld from the                   schedule to establish the fees for
                                                  action is necessary or appropriate in the               public in accordance with the                         Industry Members related to the
                                                  public interest, for the protection of                  provisions of 5 U.S.C. 552, will be                   National Market System Plan Governing
                                                  investors, or otherwise in furtherance of               available for Web site viewing and                    the Consolidated Audit Trail (the ‘‘CAT
                                                  the purposes of the Act. If the                         printing in the Commission’s Public                   NMS Plan’’ or ‘‘Plan’’).
                                                  Commission takes such action, the                       Reference Room, 100 F Street NE.,                        The text of the proposed rule change
                                                  Commission shall institute proceedings                  Washington, DC 20549 on official                      is available on the Exchange’s Web site
                                                  to determine whether the proposed rule                  business days between the hours of                    at http://nasdaq.cchwallstreet.com, at
                                                  should be approved or disapproved.                      10:00 a.m. and 3:00 p.m. Copies of the                the principal office of the Exchange, and
                                                  IV. Solicitation of Comments                            filing also will be available for                     at the Commission’s Public Reference
                                                                                                          inspection and copying at the principal               Room.
                                                    Interested persons are invited to                     office of the Exchange. All comments
                                                  submit written data, views, and                                                                               II. Self-Regulatory Organization’s
                                                                                                          received will be posted without change;
                                                  arguments concerning the foregoing,                                                                           Statement of the Purpose of, and
                                                                                                          the Commission does not edit personal
                                                  including whether the proposed rule                     identifying information from                          Statutory Basis for, the Proposed Rule
                                                  change is consistent with the Act.                      submissions. You should submit only                   Change
                                                  Comments may be submitted by any of                     information that you wish to make                        In its filing with the Commission, the
                                                  the following methods:                                  available publicly. All submissions                   Exchange included statements
                                                  Electronic Comments                                     should refer to File Number SR–                       concerning the purpose of and basis for
                                                                                                          BatsBYX–2017–10 and should be                         the proposed rule change and discussed
                                                    • Use the Commission’s Internet                       submitted on or before June 12, 2017.                 any comments it received on the
                                                  comment form (http://www.sec.gov/                                                                             proposed rule change. The text of these
                                                  rules/sro.shtml); or                                      For the Commission, by the Division of
                                                                                                          Trading and Markets, pursuant to delegated            statements may be examined at the
                                                    • Send an email to rule-                                                                                    places specified in Item IV below. The
                                                                                                          authority.18
                                                  comments@sec.gov. Please include File                                                                         Exchange has prepared summaries, set
                                                                                                          Eduardo A. Aleman,
                                                  Number SR–BatsBYX–2017–10 on the                                                                              forth in sections A, B, and C below, of
                                                  subject line.                                           Assistant Secretary.
                                                                                                          [FR Doc. 2017–10310 Filed 5–19–17; 8:45 am]
                                                                                                                                                                the most significant aspects of such
                                                  Paper Comments                                          BILLING CODE 8011–01–P
                                                                                                                                                                statements.
                                                     • Send paper comments in triplicate                                                                        A. Self-Regulatory Organization’s
                                                  to Secretary, Securities and Exchange                                                                         Statement of the Purpose of, and the
                                                  Commission, 100 F Street NE.,                           SECURITIES AND EXCHANGE                               Statutory Basis for, the Proposed Rule
                                                  Washington, DC 20549–1090.                              COMMISSION                                            Change
                                                  All submissions should refer to File                    [Release No. 34–80696; File No. SR–                   1. Purpose
                                                  Number SR–BatsBYX–2017–10. This                         NASDAQ–2017–046]
                                                  file number should be included on the                                                                            The purpose of the proposed rule
                                                  subject line if email is used. To help the              Self-Regulatory Organizations; The                    change is to adopt a fee schedule to
                                                  Commission process and review your                      NASDAQ Stock Market LLC; Notice of                    establish the fees for Industry Members
                                                                                                          Filing and Immediate Effectiveness of                 related to the CAT NMS Plan.
                                                     16 The Commission recently granted exemptive         Proposed Rule Change To Amend the                        Bats BYX Exchange, Inc., Bats BZX
                                                  relief to the Participants delay the publication of     Exchange’s Transaction Fees at Rule                   Exchange, Inc., Bats EDGA Exchange,
                                                  their Appendix B data until August 31, 2017. See        7004 and Chapter XV, Section 14                       Inc., Bats EDGX Exchange, Inc., BOX
                                                  Letter from David S. Shillman, Associate Director,
                                                  Division of Trading and Markets, Commission, to
                                                                                                                                                                Options Exchange LLC, C2 Options
                                                                                                          May 16, 2017.
                                                  Jennifer Piorko Mitchell, Vice President and Deputy                                                           Exchange, Incorporated, Chicago Board
                                                  Corporate Secretary, FINRA, dated April 28, 2017.
                                                                                                             Pursuant to Section 19(b)(1) of the                Options Exchange, Incorporated,
                                                  The Commission notes that other Participants have       Securities Exchange Act of 1934 (‘‘Act’’              Chicago Stock Exchange, Inc., Financial
                                                  submitted proposed rule changes to delay the            or ‘‘Exchange Act’’),1 and Rule 19b–4                 Industry Regulatory Authority, Inc.
                                                  publication of Appendix B data until August 31,         thereunder,2 notice is hereby given that
                                                  2017. See e.g., SR–BatsBZX–2017–31; SR–                                                                       (‘‘FINRA’’), Investors’ Exchange LLC,
                                                  BatsEDGA–2017–10; SR–BatsEDGX–2017–19; SR–
                                                                                                          on May 2, 2017, The NASDAQ Stock                      Miami International Securities
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                                                  BX–2017–022; SR–CHX–2017–07; SR–FINRA–                  Market LLC (‘‘Nasdaq’’ or ‘‘Exchange’’)               Exchange, LLC, MIAX PEARL, LLC,
                                                  2017–010; SR–IEX–2017–12; SR–NASDAQ–2017–               filed with the Securities and Exchange                NASDAQ BX, Inc., Nasdaq GEMX, LLC,
                                                  044; SR–Phlx–2017–33; SR–NYSE–2017–19; SR–              Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                  NYSEArca–2017–49; SR–NYSEMKT–2017–24.                                                                         Nasdaq ISE, LLC, Nasdaq MRX, LLC,3
                                                     17 For purposes only of waiving the operative
                                                                                                          the proposed rule change as described
                                                  delay for this proposal, the Commission has                                                                     3 ISE Gemini, LLC, ISE Mercury, LLC and
                                                                                                            18 17 CFR 200.30–3(a)(12).
                                                  considered the proposed rule’s impact on                                                                      International Securities Exchange, LLC have been
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                  efficiency, competition, and capital formation. See                                                           renamed Nasdaq GEMX, LLC, Nasdaq MRX, LLC,
                                                  15 U.S.C. 78c(f).                                         2 17 CFR 240.19b–4.                                                                          Continued




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Document Created: 2018-11-08 08:50:14
Document Modified: 2018-11-08 08:50:14
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 23437 

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