82_FR_23572 82 FR 23475 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.27 of Bats BZX 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 23475 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.27 of Bats BZX 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 Range23475-23477
FR Document2017-10309

Federal Register, Volume 82 Issue 97 (Monday, May 22, 2017)
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23475-23477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10309]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80687; File No. SR-BatsBZX-2017-31]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
11.27 of Bats BZX 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

[[Page 23476]]

``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on May 4, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') 
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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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 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. 77105 (February 10, 2016), 81 FR 8112 (February 17, 
2016); and 77310 (March 7, 2016), 81 FR 13012 (March 11, 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. 80207 (March 10, 2017), 82 FR 14056 (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.
---------------------------------------------------------------------------

    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-BatsBZX-2017-27). On May 4, 2017, the 
Exchange withdrew SR-BatsBZX-2017-27 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

    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 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

[[Page 23477]]

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

    \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-
BatsBYX-2017-10; SR-BatsEDGA-2017-10; SR-BatsEDGX-2017-19; SR-BX-
2017-022; SR-CHX-2017-07; SR-FINRA-2017-010; SR-IEX-2017-12; SR-
NASDAQ-2017-044; SR-Phlx-2017-33; SR-NYSE-2017-19; SR-NYSEArca-2017-
49; 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-BatsBZX-2017-31 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-BatsBZX-2017-31. 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-BatsBZX-2017-31 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\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10309 Filed 5-19-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                    23475

                                                  B. Self-Regulatory Organization’s                             Furthermore, the tiered, fixed fee                  All submissions should refer to File
                                                  Statement on Burden on Competition                         funding model limits the disincentives                 Number SR–NYSEARCA–2017–52. This
                                                                                                             to providing liquidity to the market.                  file number should be included on the
                                                     Section 6(b)(8) of the Act 58 require                   Therefore, the proposed fees are                       subject line if email is used. To help the
                                                  [sic] that the Exchange’s rules not                        structured to limit burdens on                         Commission process and review your
                                                  impose any burden on competition that                      competitive quoting and other liquidity                comments more efficiently, please use
                                                  is not necessary or appropriate. The                       provision in the market.                               only one method. The Commission will
                                                  Exchange does not believe that the                                                                                post all comments on the Commission’s
                                                  proposed rule change will result in any                    C. Self-Regulatory Organization’s
                                                                                                                                                                    Internet Web site (http://www.sec.gov/
                                                  burden on competition that is not                          Statement on Comments on the
                                                                                                                                                                    rules/sro.shtml). Copies of the
                                                  necessary or appropriate in furtherance                    Proposed Rule Change Received From
                                                                                                                                                                    submission, all subsequent
                                                  of the purposes of the Act. The                            Members, Participants, or Others
                                                                                                                                                                    amendments, all written statements
                                                  Exchange notes that the proposed rule                        No written comments were solicited                   with respect to the proposed rule
                                                  change implements provisions of the                        or received with respect to the proposed               change that are filed with the
                                                  CAT NMS Plan approved by the                               rule change.                                           Commission, and all written
                                                  Commission, and is designed to assist                                                                             communications relating to the
                                                  the Exchange in meeting its regulatory                     III. Date of Effectiveness of the
                                                                                                             Proposed Rule Change and Timing for                    proposed rule change between the
                                                  obligations pursuant to the Plan.                                                                                 Commission and any person, other than
                                                  Similarly, all national securities                         Commission Action
                                                                                                                                                                    those that may be withheld from the
                                                  exchanges and FINRA are proposing a                           The foregoing rule change is effective              public in accordance with the
                                                  similar proposed fee change to                             upon filing pursuant to Section                        provisions of 5 U.S.C. 552, will be
                                                  implement the requirements of the CAT                      19(b)(3)(A) 59 of the Act and                          available for Web site viewing and
                                                  NMS Plan. Therefore, this is not a                         subparagraph (f)(2) of Rule 19b–4 60                   printing in the Commission’s Public
                                                  competitive fee filing and, therefore, it                  thereunder, because it establishes a due,              Reference Room, 100 F Street NE.,
                                                  does not raise competition issues                          fee, or other charge imposed by the                    Washington, DC 20549 on official
                                                  between and among the exchanges and                        Exchange.                                              business days between the hours of
                                                  FINRA.                                                        At any time within 60 days of the                   10:00 a.m. and 3:00 p.m. Copies of the
                                                     Moreover, as previously described,                      filing of such proposed rule change, the               filing also will be available for
                                                  the Exchange believes that the proposed                    Commission summarily may                               inspection and copying at the principal
                                                  rule change fairly and equitably                           temporarily suspend such rule change if                office of the Exchange. All comments
                                                  allocates costs among CAT Reporters. In                    it appears to the Commission that such                 received will be posted without change;
                                                  particular, the proposed fee schedule is                   action is necessary or appropriate in the              the Commission does not edit personal
                                                  structured to impose comparable fees on                    public interest, for the protection of                 identifying information from
                                                  similarly situated CAT Reporters, and                      investors, or otherwise in furtherance of              submissions. You should submit only
                                                  lessen the impact on smaller CAT                           the purposes of the Act. If the                        information that you wish to make
                                                  Reporters. CAT Reporters with similar                      Commission takes such action, the                      available publicly. All submissions
                                                  levels of CAT activity will pay similar                    Commission shall institute proceedings                 should refer to File Number SR–
                                                  fees. For example, Industry Members                        under Section 19(b)(2)(B) 61 of the Act to             NYSEARCA–2017–52 and should be
                                                  (other than Execution Venue ATSs) with                     determine whether the proposed rule                    submitted on or before June 12, 2017.
                                                  higher levels of message traffic will pay                  change should be approved or
                                                                                                                                                                      For the Commission, by the Division of
                                                  higher fees, and those with lower levels                   disapproved.                                           Trading and Markets, pursuant to delegated
                                                  of message traffic will pay lower fees.                    IV. Solicitation of Comments                           authority.62
                                                  Similarly, Execution Venue ATSs and                                                                               Eduardo A. Aleman,
                                                  other Execution Venues with larger                           Interested persons are invited to
                                                                                                                                                                    Assistant Secretary.
                                                  market share will pay higher fees, and                     submit written data, views, and
                                                                                                             arguments concerning the foregoing,                    [FR Doc. 2017–10302 Filed 5–19–17; 8:45 am]
                                                  those with lower levels of market share
                                                  will pay lower fees. Therefore, given                      including whether the proposed rule                    BILLING CODE 8011–01–P

                                                  that there is generally a relationship                     change is consistent with the Act.
                                                  between message traffic and market                         Comments may be submitted by any of
                                                                                                             the following methods:                                 SECURITIES AND EXCHANGE
                                                  share to the CAT Reporter’s size, smaller                                                                         COMMISSION
                                                  CAT Reporters generally pay less than                      Electronic Comments
                                                  larger CAT Reporters. Accordingly, the                                                                            [Release No. 34–80687; File No. SR–
                                                                                                                • Use the Commission’s Internet                     BatsBZX–2017–31]
                                                  Exchange does not believe that the CAT
                                                                                                             comment form (http://www.sec.gov/
                                                  Fees would have a disproportionate
                                                                                                             rules/sro.shtml); or                                   Self-Regulatory Organizations; Bats
                                                  effect on smaller or larger CAT
                                                                                                                • Send an email to rule-comments@                   BZX Exchange, Inc.; Notice of Filing
                                                  Reporters. In addition, ATSs and
                                                                                                             sec.gov. Please include File Number SR–                and Immediate Effectiveness of a
                                                  exchanges will pay the same fees based
                                                                                                             NYSEARCA–2017–52 on the subject                        Proposed Rule Change to Rule 11.27 of
                                                  on market share. Therefore, the
                                                                                                             line.                                                  Bats BZX Exchange, Inc. To Modify the
                                                  Exchange does not believe that the fees
                                                                                                                                                                    Date of Appendix B Web Site Data
                                                  will impose any burden on the                              Paper Comments                                         Publication Pursuant to the Regulation
                                                  competition between ATSs and                                 • Send paper comments in triplicate
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                                                                                    NMS Plan To Implement a Tick Size
                                                  exchanges. Accordingly, the Exchange                       to Secretary, Securities and Exchange                  Pilot Program
                                                  believes that the proposed fees will                       Commission, 100 F Street NE.,
                                                  minimize the potential for adverse                         Washington, DC 20549–1090.                             May 16, 2017.
                                                  effects on competition between CAT                                                                                  Pursuant to section 19(b)(1) of the
                                                  Reporters in the market.                                    59 15 U.S.C. 78s(b)(3)(A).                            Securities Exchange Act of 1934 (the
                                                                                                              60 17 CFR 240.19b–4(f)(2).
                                                    58 15   U.S.C. 78f(b)(8).                                 61 15 U.S.C. 78s(b)(2)(B).                              62 17   CFR 200.30–3(a)(12).



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                                                  23476                           Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices

                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  publication requirements of the Plan.6                 coordination with persons engaged in
                                                  notice is hereby given that on May 4,                   Rule 11.27(b).08 provides, among other                 facilitating transactions in securities, to
                                                  2017, Bats BZX Exchange, Inc. (the                      things, that the requirement that the                  remove impediments to and perfect the
                                                  ‘‘Exchange’’ or ‘‘BZX’’) filed with the                 Exchange or Designated Examining                       mechanism of a free and open market
                                                  Securities and Exchange Commission                      Authority (‘‘DEA’’) make certain data for              and a national market system and, in
                                                  (‘‘Commission’’) the proposed rule                      the Pre-Pilot Period and Pilot Period 7                general, to protect investors and the
                                                  change as described in Items I and II                   publicly available on their Web site                   public interest.
                                                  below, which Items have been prepared                   pursuant to Appendix B and C to the                       The Plan is designed to allow the
                                                  by the Exchange. The Exchange has                       Plan shall commence on April 28,                       Commission, market participants, and
                                                  designated this proposal as a ‘‘non-                    2017.8 The Exchange is proposing to                    the public to study and assess the
                                                  controversial’’ proposed rule change                    amend Rule 11.27.08 to delay the                       impact of increment conventions on the
                                                  pursuant to section 19(b)(3)(A) of the                  Appendix B data Web site publication                   liquidity and trading of the common
                                                  Act 3 and Rule 19b–4(f)(6)(iii)                         date until August 31, 2017. The                        stock of small-capitalization companies.
                                                  thereunder,4 which renders it effective                 Exchange is proposing to further delay                 The Exchange believes that this
                                                  upon filing with the Commission. The                    the Web site publication of Appendix B                 proposal is consistent with the Act
                                                  Commission is publishing this notice to                 data until August 31, 2017 to permit                   because it is in furtherance of the
                                                  solicit comments on the proposed rule                   additional time to consider a                          objectives of section VII(A) of the Plan
                                                  change from interested persons.                         methodology to mitigate concerns raised                in that it is designed to provide the
                                                                                                          in connection with the publication of                  Exchange with additional time to
                                                  I. Self-Regulatory Organization’s                       Appendix B data.                                       consider a methodology to mitigate
                                                  Statement of the Terms of Substance of                     Pursuant to this proposed                           concerns raised in connection with the
                                                  the Proposed Rule Change                                amendment, the Exchange or DEA                         publication of Appendix B data.
                                                     The Exchange filed a proposal to                     would publish the required Appendix B
                                                                                                          data for the Pre-Pilot Period through                  B. Self-Regulatory Organization’s
                                                  amend Rule 11.27 to modify the date of                                                                         Statement on Burden on Competition
                                                  Appendix B Web site data publication                    April 30, 2017, by August 31, 2017.9
                                                  pursuant to the Regulation NMS Plan to                  Thereafter, Appendix B data for a given                  The Exchange does not believe that
                                                                                                          month would be published within 120                    the proposed rule change will result in
                                                  Implement a Tick Size Pilot Program
                                                                                                          calendar days following month end.10                   any burden on competition that is not
                                                  (‘‘Plan’’).
                                                                                                          Thus, for example, Appendix B data for                 necessary or appropriate in furtherance
                                                     The text of the proposed rule change                 May 2017 would be made available on                    of the purposes of the Act. The
                                                  is available at the Exchange’s Web site                 the Exchange or DEA’s Web site by                      Exchange notes that the proposed rule
                                                  at www.bats.com, at the principal office                September 28, 2017, and data for the                   change implements the provisions of the
                                                  of the Exchange, and at the                             month of June 2017 would be made                       Plan.
                                                  Commission’s Public Reference Room.                     available on the Exchange or DEA’s Web
                                                                                                          site by October 28, 2017.                              C. Self-Regulatory Organization’s
                                                  II. Self-Regulatory Organization’s                                                                             Statement on Comments on the
                                                  Statement of the Purpose of, and                        2. Statutory Basis                                     Proposed Rule Change Received From
                                                  Statutory Basis for, the Proposed Rule                                                                         Members, Participants, or Others
                                                                                                             The Exchange believes that its
                                                  Change
                                                                                                          proposal is consistent with section 6(b)                 The Exchange has neither solicited
                                                    In its filing with the Commission, the                of the Act 11 in general, and furthers the             nor received written comments on the
                                                  Exchange included statements                            objectives of section 6(b)(5) of the Act 12            proposed rule change.
                                                  concerning the purpose of and basis for                 in particular, in that it is designed to
                                                  the proposed rule change and discussed                  promote just and equitable principles of               III. Date of Effectiveness of the
                                                  any comments it received on the                         trade, to foster cooperation and                       Proposed Rule Change and Timing for
                                                  proposed rule change. The text of these                                                                        Commission Action
                                                  statements may be examined at the                          6 The Participants filed the Plan to comply with
                                                                                                                                                                    Because the foregoing proposed rule
                                                                                                          an order issued by the Commission on June 24,
                                                  places specified in Item IV below. The                  2014. See Letter from Brendon J. Weiss, Vice
                                                                                                                                                                 change does not: (i) Significantly affect
                                                  Exchange has prepared summaries, set                    President, Intercontinental Exchange, Inc., to         the protection of investors or the public
                                                  forth in sections A, B, and C below, of                 Secretary, Commission, dated August 25, 2014           interest; (ii) impose any significant
                                                  the most significant parts of such                      (‘‘SRO Tick Size Plan Proposal’’). See Securities      burden on competition; and (iii) become
                                                                                                          Exchange Act Release No 72460 (June 24, 2014), 79
                                                  statements.                                             FR 36840 (June 30, 2014); see also Securities
                                                                                                                                                                 operative for 30 days from the date on
                                                                                                          Exchange Act Release No. 74892 (May 6, 2015), 80       which it was filed, or such shorter time
                                                  A. Self-Regulatory Organization’s                       FR 27513 (May 13, 2015).                               as the Commission may designate, it has
                                                  Statement of the Purpose of, and the                       7 Unless otherwise defined herein, capitalized
                                                                                                                                                                 become effective pursuant to section
                                                  Statutory Basis for, the Proposed Rule                  terms have the meaning ascribed to them in             19(b)(3)(A) of the Act 13 and Rule 19b–
                                                  Change                                                  Exchange Rule 11.27.
                                                                                                                                                                 4(f)(6) thereunder.14
                                                                                                             8 See Exchange Rule 11.27.08. See also Securities
                                                  1. Purpose                                              Exchange Act Release No. 80207 (March 10, 2017),          A proposed rule change filed under
                                                                                                          82 FR 14056 (March 16, 2017). See also Letter from     Rule 19(b)–4(f)(6) normally does not
                                                    Rule 11.27(b) (Compliance with Data                   David S. Shillman, Associate Director, Division of     become operative prior to 30 days after
                                                  Collection Requirements) 5 implements                   Trading and Markets, Commission, to Robert L.D.
                                                                                                                                                                 the date of the filing. However, pursuant
                                                  the data collection and Web site                        Colby, Executive Vice President and Chief Legal
                                                                                                          Officer, FINRA, dated February 28, 2017.               to Rule 19b–4(f)(6)(iii), the Commission
                                                                                                                                                                 may designate a shorter time if such
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                             9 The Exchange initially submitted this proposed
                                                    1 15 U.S.C. 78s(b)(1).                                rule change on April 28, 2017. (SR–BatsBZX–2017–       action is consistent with the protection
                                                    2 17 CFR 240.19b–4.                                   27). On May 4, 2017, the Exchange withdrew SR–         of investors and the public interest. The
                                                    3 15 U.S.C. 78s(b)(3)(A).                             BatsBZX–2017–27 and submitted this filing.
                                                    4 17 CFR 240.19b–4(f)(6)(iii).                           10 FINRA, on behalf of the Exchange, also is
                                                                                                                                                                 Exchange has filed the proposed rule
                                                    5 See Exchange Rule 11.27(b). See also Securities     submitting an exemptive request to the SEC in          change for immediate effectiveness and
                                                  Exchange Act Release Nos. 77105 (February 10,           connection with the instant filing.
                                                                                                             11 15 U.S.C. 78f(b).                                 13 15   U.S.C. 78s(b)(3)(A).
                                                  2016), 81 FR 8112 (February 17, 2016); and 77310
                                                  (March 7, 2016), 81 FR 13012 (March 11, 2016).             12 15 U.S.C. 78f(b)(5).                              14 17   CFR 240.19b–4(f)(6).



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                                                                                  Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                   23477

                                                  has requested that the Commission                       to determine whether the proposed rule                  For the Commission, by the Division of
                                                  waive the requirement that the proposed                 should be approved or disapproved.                    Trading and Markets, pursuant to delegated
                                                  rule change not become operative for 30                                                                       authority.18
                                                  days after the date of the filing so that               IV. Solicitation of Comments                          Eduardo A. Aleman,
                                                  it may become operative on the date of                    Interested persons are invited to                   Assistant Secretary.
                                                  filing.                                                 submit written data, views, and                       [FR Doc. 2017–10309 Filed 5–19–17; 8:45 am]
                                                     The Exchange notes that the proposed                 arguments concerning the foregoing,                   BILLING CODE 8011–01–P
                                                  rule change is intended to mitigate
                                                                                                          including whether the proposed rule
                                                  confidentiality concerns raised in
                                                                                                          change is consistent with the Act.
                                                  connection with section VII(A) of the                                                                         SECURITIES AND EXCHANGE
                                                                                                          Comments may be submitted by any of
                                                  Plan, which provides that the data made                                                                       COMMISSION
                                                  publicly available will not identify the                the following methods:
                                                  Trading Center that generated the data.                 Electronic Comments
                                                  The Exchange states that the additional                                                                       [Release No. 34–80690; File No. SR–MIAX–
                                                  time would allow consideration of a                       • Use the Commission’s Internet                     2017–21]
                                                  methodology to mitigate concerns                        comment form (http://www.sec.gov/
                                                                                                          rules/sro.shtml); or                                  Self-Regulatory Organizations; Miami
                                                  related to the publication of Appendix
                                                  B data.15                                                                                                     International Securities Exchange LLC;
                                                                                                            • Send an email to rule-comments@                   Notice of Filing and Immediate
                                                     The Commission believes that                         sec.gov. Please include File Number SR–
                                                  waiving the 30-day operative delay is                                                                         Effectiveness of a Proposed Rule
                                                                                                          BatsBZX–2017–31 on the subject line.                  Change To Amend MIAX Options Rules
                                                  consistent with the protection of
                                                  investors and the public interest                       Paper Comments                                        301, Just and Equitable Principles of
                                                  because it will synchronize the timing                                                                        Trade; Rule 308, Exemptions From
                                                  for publication of Appendix B data for                    • Send paper comments in triplicate                 Position Limits; Rule 404, Series of
                                                  all Participants, which should enhance                  to Secretary, Securities and Exchange                 Option Contracts Open for Trading;
                                                  the consistency and usefulness of the                   Commission, 100 F Street NE.,                         Rule 514, Priority of Quotes and
                                                  data.16 Therefore, the Commission                       Washington, DC 20549–1090.                            Orders; Rule 1325, Telemarketing; and
                                                  hereby waives the 30-day operative                      All submissions should refer to File                  Rule 1400, Definitions
                                                  delay and designates the proposed rule                  Number SR–BatsBZX–2017–31. This file                  May 16, 2017.
                                                  change to be operative on the date of                   number should be included on the
                                                  filing.17                                                                                                        Pursuant to Section 19(b)(1) of the
                                                                                                          subject line if email is used. To help the
                                                     At any time within 60 days of the                                                                          Securities Exchange Act of 1934
                                                                                                          Commission process and review your
                                                  filing of the proposed rule change, the                                                                       (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                                                                          comments more efficiently, please use
                                                  Commission summarily may                                                                                      notice is hereby given that, on May 15,
                                                                                                          only one method. The Commission will
                                                  temporarily suspend such rule change if                                                                       2017, Miami International Securities
                                                  it appears to the Commission that such                  post all comments on the Commission’s
                                                                                                                                                                Exchange, LLC (‘‘MIAX Options’’ or
                                                  action is necessary or appropriate in the               Internet Web site (http://www.sec.gov/
                                                                                                                                                                ‘‘Exchange’’) filed with the Securities
                                                  public interest, for the protection of                  rules/sro.shtml). Copies of the
                                                                                                                                                                and Exchange Commission
                                                  investors, or otherwise in furtherance of               submission, all subsequent
                                                                                                                                                                (‘‘Commission’’) a proposed rule change
                                                  the purposes of the Act. If the                         amendments, all written statements
                                                                                                                                                                as described in Items I, II, and III below,
                                                  Commission takes such action, the                       with respect to the proposed rule
                                                                                                                                                                which Items have been prepared by the
                                                  Commission shall institute proceedings                  change that are filed with the
                                                                                                                                                                Exchange. The Commission is
                                                                                                          Commission, and all written
                                                                                                                                                                publishing this notice to solicit
                                                     15 The Commission recently approved a FINRA          communications relating to the                        comments on the proposed rule change
                                                  proposal to implement an aggregated, anonymous          proposed rule change between the
                                                  grouped masking methodology for the publication                                                               from interested persons.
                                                  of Appendix B data related to OTC trading activity.
                                                                                                          Commission and any person, other than
                                                  See Securities Exchange Release No. 80551, (April       those that may be withheld from the                   I. Self-Regulatory Organization’s
                                                  28, 2017), 82 FR 20948 (May 4, 2017). See also          public in accordance with the                         Statement of the Terms of Substance of
                                                  Letter from David S. Shillman, Associate Director,      provisions of 5 U.S.C. 552, will be                   the Proposed Rule Change
                                                  Division of Trading and Markets, Commission, to
                                                  Marcia E. Asquith, Executive Vice President FINRA,      available for Web site viewing and
                                                                                                                                                                   The Exchange is filing a proposal to
                                                  dated April 28, 2017.                                   printing in the Commission’s Public
                                                                                                                                                                amend Exchange Rule 301, Just and
                                                     16 The Commission recently granted exemptive
                                                                                                          Reference Room, 100 F Street NE.,
                                                  relief to the Participants delay the publication of                                                           Equitable Principles of Trade; Rule 308,
                                                                                                          Washington, DC 20549 on official
                                                  their Appendix B data until August 31, 2017. See                                                              Exemptions from Position Limits; Rule
                                                  Letter from David S. Shillman, Associate Director,      business days between the hours of
                                                                                                                                                                404, Series of Option Contracts Open for
                                                  Division of Trading and Markets, Commission, to         10:00 a.m. and 3:00 p.m. Copies of the
                                                  Jennifer Piorko Mitchell, Vice President and Deputy                                                           Trading; Rule 514, Priority of Quotes
                                                                                                          filing also will be available for
                                                  Corporate Secretary, FINRA, dated April 28, 2017.                                                             and Orders; Rule 1325, Telemarketing;
                                                  The Commission notes that other Participants have       inspection and copying at the principal               and Rule 1400, Definitions.
                                                  submitted proposed rule changes to delay the            office of the Exchange. All comments
                                                  publication of Appendix B data until August 31,         received will be posted without change;                  The text of the proposed rule change
                                                  2017. See e.g., SR–BatsBYX–2017–10; SR–
                                                                                                          the Commission does not edit personal                 is available on the Exchange’s Web site
                                                  BatsEDGA–2017–10; SR–BatsEDGX–2017–19; SR–                                                                    at http://www.miaxoptions.com/rule-
mstockstill on DSK30JT082PROD with NOTICES




                                                  BX–2017–022; SR–CHX–2017–07; SR–FINRA–                  identifying information from
                                                  2017–010; SR–IEX–2017–12; SR–NASDAQ–2017–               submissions. You should submit only                   filings, at MIAX’s principal office, and
                                                  044; SR–Phlx–2017–33; SR–NYSE–2017–19; SR–
                                                                                                          information that you wish to make                     at the Commission’s Public Reference
                                                  NYSEArca-2017–49; SR–NYSEMKT–2017–24.                                                                         Room.
                                                     17 For purposes only of waiving the operative        available publicly. All submissions
                                                  delay for this proposal, the Commission has             should refer to File Number SR–                         18 17
                                                  considered the proposed rule’s impact on                                                                              CFR 200.30–3(a)(12).
                                                                                                          BatsBZX–2017–31 and should be                           1 15
                                                  efficiency, competition, and capital formation. See                                                                  U.S.C. 78s(b)(1).
                                                  15 U.S.C. 78c(f).                                       submitted on or before June 12, 2017.                   2 17 CFR 240.19b–4.




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Document Created: 2018-11-08 08:49:55
Document Modified: 2018-11-08 08:49:55
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 23475 

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